Identity Personhood And The Law

Author : Charles Foster
Publisher : Springer
ISBN 13 : 3319534599
Total Pages : 70 pages
Book Rating : 4.96/5 ( download)

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Download or read book Identity, Personhood and the Law written by Charles Foster and published by Springer. This book was released on 2017-03-14 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an examination of how the law understands human identity and the whole notion of ‘human being’. On these two notions the law, usually unconsciously, builds the superstructure of ‘human rights’. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on.The law makes a number of huge assumptions about some fundamental issues of human identity and authenticity – for instance that we can talk meaningfully about the entity that we call ‘our self’. Until now it has rarely, if ever, identified those assumptions, let alone interrogated them. This failure has led to the law being philosophically dubious and sometimes demonstrably unfit for purpose. Its failure is increasingly hard to cover up. What should happen legally, for instance, when a disease such as dementia eliminates or radically transforms all the characteristics that most people regard as foundational to the ‘self’? This book seeks to plug these gaps in the literature.

Author : Anne Griffiths
Publisher : Taylor & Francis
ISBN 13 : 131730814X
Total Pages : 273 pages
Book Rating : 4.40/5 ( download)

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Download or read book Subjectivity, Citizenship and Belonging in Law written by Anne Griffiths and published by Taylor & Francis. This book was released on 2016-10-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications.

Author : Richard Prust
Publisher : Vernon Press
ISBN 13 : 1622737474
Total Pages : 132 pages
Book Rating : 4.75/5 ( download)

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Download or read book Personal Identity in Moral and Legal Reasoning written by Richard Prust and published by Vernon Press. This book was released on 2019-10-31 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many questions about moral and legal judgments hinge on how we understand the identity of the agents. The intractability of many of these questions stems, this book argues, from ignoring how we actually connect actions with agents. When making everyday judgments about the morality or legality of actions, we do not use Aristotelian logic but what is termed “character logic”. The difference is crucial because implicit in character logic is an understanding of personal identity that is both coherent and intuitively familiar. A person, as we conceptualize him in moral and legal contexts, is a character of resolve. By unpacking what it means to be a character of resolve, this book reveals what underwrites our most fundamental beliefs about a person’s rights and responsibilities. It also provides a new and useful perspective on a variety of issues about rights and responsibilities that perennially occupy philosophers. This book discusses the following: • How we can make better sense of “human rights” if we think of them as “personal rights”. • How the right to be civilly disobedient, in contrast with ordinary law-breaking, can be justified as a personal right. • What basis we have for holding that someone’s responsibility is diminished. • How it makes sense to hold someone responsible for acting irresponsibly. • How it makes sense to distinguish a juvenile offender from someone who should be tried in criminal court. • What kind of correction we should expect from our correctional institutions and how we should design them to achieve that. By making explicit the axioms of character logic and exploring their origins and justification, the book provides a conceptually powerful tool for interpreting the protocols of a person-respecting society.

Author : Visa A. J. Kurki
Publisher : Oxford University Press
ISBN 13 : 0198844034
Total Pages : 241 pages
Book Rating : 4.37/5 ( download)

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Download or read book Theory of Legal Personhood written by Visa A. J. Kurki and published by Oxford University Press. This book was released on 2019 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."

Author : Loïc Azoulai
Publisher : Bloomsbury Publishing
ISBN 13 : 178225935X
Total Pages : 339 pages
Book Rating : 4.50/5 ( download)

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Download or read book Constructing the Person in EU Law written by Loïc Azoulai and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.

Author : Jill Marshall
Publisher : BRILL
ISBN 13 : 9004170596
Total Pages : 245 pages
Book Rating : 4.99/5 ( download)

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Download or read book Personal Freedom Through Human Rights Law? written by Jill Marshall and published by BRILL. This book was released on 2009 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.

Author : Higgs, Paul
Publisher : Policy Press
ISBN 13 : 1447319095
Total Pages : 208 pages
Book Rating : 4.92/5 ( download)

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Download or read book Personhood, identity and care in advanced old age written by Higgs, Paul and published by Policy Press. This book was released on 2016-10-05 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we sustain agency and identity amidst the frailty of advanced old age? What role does care play in this process? Pushing forward new sociological theory, this book explores the theoretical and practical issues raised by age and infirmity. It begins with a theoretical examination of the fourth age, interrogating notions of agency, identity and personhood, as well as the impact of frailty, abjection and ‘othering’. It then applies this analysis to issues of care. Exploring our collective hopes and fears concerning old age and the ends of people’s lives, this is essential reading on one of the biggest social issues of our time.

Author : Colin Dayan
Publisher : Princeton University Press
ISBN 13 : 0691157871
Total Pages : 364 pages
Book Rating : 4.70/5 ( download)

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Download or read book The Law Is a White Dog - How Legal Rituals Make and Unmake Persons written by Colin Dayan and published by Princeton University Press. This book was released on 2013-03-03 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fascinating account of how the law determines or dismantles identity and personhood Abused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed by the state—all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives. Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo. Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.

Author : Simon Stern
Publisher : Oxford University Press, USA
ISBN 13 : 0190695625
Total Pages : 921 pages
Book Rating : 4.20/5 ( download)

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Download or read book The Oxford Handbook of Law and Humanities written by Simon Stern and published by Oxford University Press, USA. This book was released on 2020-01-16 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.

Author : Joseph Vining
Publisher :
ISBN 13 : 9780300022070
Total Pages : 214 pages
Book Rating : 4.77/5 ( download)

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Download or read book Legal Identity written by Joseph Vining and published by . This book was released on 1978-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: