Identity Personhood And The Law

Author : Charles Foster,Jonathan Herring
Publisher : Springer
Page : 70 pages
File Size : 50,9 Mb
Release : 2017-03-14
Category : Law
ISBN : 9783319534596

Get Book

Identity, Personhood and the Law by Charles Foster,Jonathan Herring Pdf

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 : Laurance J. Splitter
Publisher : Springer
Page : 220 pages
File Size : 47,7 Mb
Release : 2015-05-05
Category : Education
ISBN : 9789812874818

Get Book

Identity and Personhood by Laurance J. Splitter Pdf

This book approaches the concept of identity from both logical-linguistic and socio-cultural perspectives, and explores its implications for our understanding of who or what we persons really are. In the process, it bridges disciplines that often remain disconnected - most notably analytic philosophy and the social sciences - and offers a novel critique of citizenship and moral education, "identity politics", and other contemporary domains of inquiry. Although the book has a multi-disciplinary focus, it is philosophical in its overall orientation (but accessible to readers from outside philosophy) and educational in its mission (but of interest to readers who are not formally educators). Chapters 2-5 discuss the philosophical and (where appropriate) scientific dimensions of identity, chapters 6-7 explore its socio-cultural dimensions and chapter 8 examines its educational dimensions and implications. The book will be of particular interest to those researching or teaching civics, citizenship education and moral education, as well as those involved in cultural, political and religious studies in a broader sense. It will also appeal to anyone who finds him- or herself wondering about the state of the world in the Twenty-First Century, and who suspects that rethinking what it means to be a person in that world might not be a bad idea.

Author : Anne Griffiths,Sanna Mustasaari,Anna Mäki-Petajä-Leinonen
Publisher : Routledge
Page : 407 pages
File Size : 50,6 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317308133

Get Book

Subjectivity, Citizenship and Belonging in Law by Anne Griffiths,Sanna Mustasaari,Anna Mäki-Petajä-Leinonen Pdf

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,Jeffery Geller
Publisher : Vernon Press
Page : 132 pages
File Size : 43,5 Mb
Release : 2019-10-31
Category : Philosophy
ISBN : 9781622737475

Get Book

Personal Identity in Moral and Legal Reasoning by Richard Prust,Jeffery Geller Pdf

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 : Loïc Azoulai,Ségolène Barbou des Places,Etienne Pataut
Publisher : Bloomsbury Publishing
Page : 339 pages
File Size : 43,5 Mb
Release : 2016-07-28
Category : Law
ISBN : 9781782259350

Get Book

Constructing the Person in EU Law by Loïc Azoulai,Ségolène Barbou des Places,Etienne Pataut Pdf

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 : Hilde Lindemann
Publisher : Oxford University Press
Page : 257 pages
File Size : 49,9 Mb
Release : 2016
Category : Medical
ISBN : 9780190649609

Get Book

Holding and Letting Go by Hilde Lindemann Pdf

The social practice of forming, shaping, expressing, contesting, and maintaining personal identities makes human interaction, and therefore society, possible. Our identities give us our sense of how we are supposed to act and how we may or must treat others, so how we hold each other in our identities is of crucial moral importance. To hold someone in her identity is to treat her according to the stories one uses to make sense of who she is. Done well, holding allows individuals to flourish personally and in their interactions with others; done poorly, it diminishes their self-respect and restricts their participation in social life. If the identity is to represent accurately the person who bears it, the tissue of stories that constitute it must continue to change as the person grows and changes. Here, good holding is a matter of retaining the stories that still depict the person but letting go of the ones that no longer do. The book begins with a puzzling instance of personhood, where the work of holding someone in her identity is tragically one-sided. It then traces this work of holding and letting go over the human life span, paying special attention to its implications for bioethics. A pregnant woman starts to call her fetus into personhood. Children develop their moral agency as they learn to hold themselves and others in their identities. Ordinary adults hold and let go, sometimes well and sometimes badly. People bearing damaged or liminal identities leave others uncertain how to hold and what to let go. Identities are called into question at the end of life, and persist after the person has died. In all, the book offers a glimpse into a fascinating moral terrain that is ripe for philosophical exploration.

Author : Joseph Vining
Publisher : Unknown
Page : 214 pages
File Size : 46,5 Mb
Release : 1978-01-01
Category : Locus standi
ISBN : 0300022077

Get Book

Legal Identity by Joseph Vining Pdf

Author : Higgs, Paul,Gilleard, Chris
Publisher : Policy Press
Page : 188 pages
File Size : 52,7 Mb
Release : 2016-10-05
Category : Family & Relationships
ISBN : 9781447319054

Get Book

Personhood, Identity and Care in Advanced Old Age by Higgs, Paul,Gilleard, Chris Pdf

As humans live longer, the elderly population increases, and the challenges we face in addressing their needs continue to evolve. This book explores the theoretical and practical issues raised by advanced aging in the contemporary world. Developing new sociological theory, Paul Higgs and Chris Gilleard suggest that mental and physical frailty forms a central theme in narratives about deep old age and that discussions of personhood are needed to address this concept. After examining key terms like personhood, the fourth age, frailty, and abjection, Higgs and Gilleard consider the broader implications of these concepts for issues of care--both its meanings and its management. As the care needs of the elderly and options for meeting these needs grow more complex, it is important to examine our collective hopes and fears concerning the end of life, including questions about personhood and expectations for the quality and content of end-of-life care.

Author : Visa A. J. Kurki
Publisher : Oxford University Press
Page : 241 pages
File Size : 44,6 Mb
Release : 2019
Category : Law
ISBN : 9780198844037

Get Book

Theory of Legal Personhood by Visa A. J. Kurki Pdf

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 : Jill Marshall
Publisher : BRILL
Page : 245 pages
File Size : 53,6 Mb
Release : 2009
Category : Law
ISBN : 9789004170599

Get Book

Personal Freedom Through Human Rights Law? by Jill Marshall Pdf

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 : Colin Dayan
Publisher : Princeton University Press
Page : 364 pages
File Size : 41,8 Mb
Release : 2013-03-03
Category : Law
ISBN : 9780691157870

Get Book

The Law Is a White Dog - How Legal Rituals Make and Unmake Persons by Colin Dayan Pdf

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 : Jill Marshall
Publisher : Routledge
Page : 337 pages
File Size : 40,7 Mb
Release : 2014-06-20
Category : Law
ISBN : 9781134443338

Get Book

Human Rights Law and Personal Identity by Jill Marshall Pdf

This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights. The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities. In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.

Author : Florian Coulmas
Publisher : Oxford University Press, USA
Page : 169 pages
File Size : 41,5 Mb
Release : 2019
Category : PHILOSOPHY
ISBN : 9780198828549

Get Book

Identity by Florian Coulmas Pdf

This book introduces identity, one of the most iconic concepts of our time, which is used ubiquitously but rarely explained. It discusses the various uses of 'identity' separately for different fields of study - philosophy, psychology, sociology, gender studies, and linguistics. This book also compares Western concepts and theories of identity with similar concepts in other parts of the world. It explains how contemporary trends in marketization and globalization have made identity increasingly important to us in the last 50 years. This book also outlines the historical background to the concept of identity.

Author : Pollicino, Oreste,De Gregorio, Giovanni
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 47,6 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781839100796

Get Book

Blockchain and Public Law by Pollicino, Oreste,De Gregorio, Giovanni Pdf

This important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values.

Author : Rakiya Farah
Publisher : Springer Nature
Page : 133 pages
File Size : 54,9 Mb
Release : 2023-12-12
Category : Law
ISBN : 9783031444753

Get Book

Rereading Identity Deception in the UK Sexual Offences Act 2003 by Rakiya Farah Pdf

Does the Sexual Offences Act (SOA) 2003 provide for consent to be vitiated in all the circumstances we think it should? Can, and should, section 76(2)(b) (the impersonation provision) be read to include a different class of identity deceptions? How should the concept of personal identity be understood in this context? While the concept has had some airing in the courts, and the distinction between identity and attributes of the person softened, the law on rape still fails to give proper effect to identity deception and leaves many questions unanswered. This book offers a novel take on the problem of sexual deception. Through meticulous interrogation of the meaning and normative implications of the concept of personal identity, it challenges the law’s restrictive approach and argues that qualitative identity is, like numerical identity, normatively important. This book provides a comprehensive and nuanced analysis of the philosophical, theoretical, and psychological experimental literature on personal identity, marshalling relevant insights to support a broader reading of the impersonation provision. The argumentative thrust of the book is an extended equivalence thesis, which links numerical with qualitative identity. In this task, it engages in capacious exploration of different kinds of impersonation, at each juncture leading the reader to a more permissive understanding. Guided by the principle of consistency, the central thesis is that certain deceptions about personal traits should be unlawful based on existing prohibitions with which there is equivalence. A central contribution of the book is the articulation of a theoretical framework to support a richer understanding of identity, giving due attention to its qualitative aspects. This new framework is applied at stage three of the equivalence thesis to explain the relationship between individual traits and identity change. By implication, a potentially wide scope of consent-vitiating deceptions is endorsed. This presents a challenge to those who would defend more stringent limits. The book thus invites further discussion on the implications of this approach for the law on rape and indicates areas for further research and attention.