The Relational Self And Human Rights

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The Relational Self and Human Rights

Tatiana Hansbury
The Relational Self and Human Rights Book PDF

Author : Tatiana Hansbury
Publisher : Taylor & Francis
Page : 301 pages
File Size : 51,6 Mb
Release : 2022-05-18
Category : Law
ISBN : 9781000583434

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The Relational Self and Human Rights by Tatiana Hansbury Pdf

This book takes up Paul Ricoeur’s relational idea of the self in order to rethink the basis of human rights. Many schools of critical theory argue that the idea of human rights is based on a problematic conception of the human subject and the legal person. For liberals, the human is a possessive and self-interested individual, such that others are either tools or hurdles in their projects. This book offers a novel reading of subjectivity and rights based on Paul Ricœur’s re-interpretation of human subjectivity as a relational concept. Taking up Ricoeur’s idea of recognition as a ‘reciprocal gift’, it argues that gift exchange is the relation upon which authentic, non-abstract, human subjectivity is based. Seen in this context, human rights can be understood as tokens of mutual recognition, securing a genuinely human life for all. The conception of human rights as gift effectively counters their moral individualism and possessiveness, as the philosophical anthropology of an isolated ego is replaced by that of a related, dependent and embedded self. This original reinterpretation of human rights will appeal to scholars of legal theory, jurisprudence, politics and philosophy.

Religious Perspectives on Bioethics and Human Rights

Joseph Tham,Kai Man Kwan,Alberto Garcia
Religious Perspectives on Bioethics and Human Rights Book PDF

Author : Joseph Tham,Kai Man Kwan,Alberto Garcia
Publisher : Springer
Page : 291 pages
File Size : 43,7 Mb
Release : 2017-09-06
Category : Philosophy
ISBN : 9783319584317

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Religious Perspectives on Bioethics and Human Rights by Joseph Tham,Kai Man Kwan,Alberto Garcia Pdf

This book deals with the thorny issue of human rights in different cultures and religions, especially in the light of bioethical issues. In this book, experts from Christianity, Judaism, Islam, Buddhism, Daoism, Hinduism and Confucianism discuss the tension between their religious traditions and the claim of universality of human rights. The East-West contrast is particularly evident with regards to human rights. Some writers find the human rights language too individualistic and it is foreign to major religions where the self does not exist in isolation, but is normally immersed in a web of relations and duties towards family, friends, religion community, and society. Is the human rights discourse a predominantly Western liberal ideal, which in bioethics is translated to mean autonomy and free choice? In today’s democratic societies, laws have been drafted to protect individuals and communities against slavery, discrimination, torture or genocide. Yet, it appears unclear at what moment universal rights supersede respect for cultural diversity and pluralism. This collection of articles demonstrates a rich spectrum of positions among different religions, as they confront the ever more pressing issues of bioethics and human rights in the modern world. This book is intended for those interested in the contemporary debates on religious ethics, human rights, bioethics, cultural diversity and multiculturalism.

Law and the Relational Self

Jonathan Herring
Law and the Relational Self Book PDF

Author : Jonathan Herring
Publisher : Cambridge University Press
Page : 213 pages
File Size : 42,5 Mb
Release : 2019-11-21
Category : Law
ISBN : 9781108425131

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Law and the Relational Self by Jonathan Herring Pdf

Describes the concept of the relational self and its potential significance to the law.

Child Marriage, Rights and Choice

Hoko Horii
Child Marriage Rights and Choice Book PDF

Author : Hoko Horii
Publisher : Routledge
Page : 135 pages
File Size : 49,5 Mb
Release : 2021-11-18
Category : Family & Relationships
ISBN : 9781000469080

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Child Marriage, Rights and Choice by Hoko Horii Pdf

This book addresses the issue of agency in relation to child marriage. In international campaigns against child marriage, there is a puzzle of agency: While international human rights institutions celebrate girls’ exercise of their agency not to marry, they do not recognize their agency to marry. Child marriage, usually defined as ‘any formal marriage or informal union where one or both of the parties are under 18 years of age’, is normally considered as forced – which is to say that it is assumed that are not capable of consenting to marriage. This book, however, re-examines this assumption, through a detailed socio-legal examination of child marriage in Indonesia. Eliciting the multiple competing frameworks according to which child marriage takes place, the book considers the complex reasons why children marry. Structural explanations such as lack of opportunities and oppressive social structures are important, but not exhaustive, explanations. Exploring the subjective reasons by listening to children’s perspectives, their stories show that many of them decide to marry for love, desire, to belong to the community, and for new opportunities and hopes. The book, then, demonstrates how the child marriage framework – and, indeed, the human rights framework in general – is constructed on too narrow a vision of human agency: One that cannot but fail to respect and promote the agency of all, regardless of gender, race, religion, and age. This book will be of interest to scholars, students, and practitioners in the areas of children’s rights, legal anthropology, and socio-legal studies.

The Logic of Human Rights

Ekaterina Yahyaoui Krivenko
The Logic of Human Rights Book PDF

Author : Ekaterina Yahyaoui Krivenko
Publisher : Edward Elgar Publishing
Page : 183 pages
File Size : 50,9 Mb
Release : 2023-05-09
Category : Political Science
ISBN : 9781803921006

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The Logic of Human Rights by Ekaterina Yahyaoui Krivenko Pdf

Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitarō, this topical book formulates ways to operationalize alternative visions of human rights practice.

The Subject of Human Rights

Danielle Celermajer,Alexandre Lefebvre
The Subject of Human Rights Book PDF

Author : Danielle Celermajer,Alexandre Lefebvre
Publisher : Stanford University Press
Page : 430 pages
File Size : 42,8 Mb
Release : 2020-09-22
Category : Political Science
ISBN : 9781503613720

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The Subject of Human Rights by Danielle Celermajer,Alexandre Lefebvre Pdf

The Subject of Human Rights is the first book to systematically address the "human" part of "human rights." Drawing on the finest thinking in political theory, cultural studies, history, law, anthropology, and literary studies, this volume examines how human rights—as discourse, law, and practice—shape how we understand humanity and human beings. It asks how the humanness that the human rights idea seeks to protect and promote is experienced. The essays in this volume consider how human rights norms and practices affect the way we relate to ourselves, to other people, and to the nonhuman world. They investigate what kinds of institutions and actors are subjected to human rights and are charged with respecting their demands and realizing their aspirations. And they explore how human rights shape and even create the very subjects they seek to protect. Through critical reflection on these issues, The Subject of Human Rights suggests ways in which we might reimagine the relationship between human rights and subjectivity with a view to benefiting human rights and subjects alike.

Law and Anthropology

Michael D. A. Freeman,David Napier
Law and Anthropology Book PDF

Author : Michael D. A. Freeman,David Napier
Publisher : Academic
Page : 583 pages
File Size : 41,6 Mb
Release : 2009-11-19
Category : Law
ISBN : 9780199580910

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Law and Anthropology by Michael D. A. Freeman,David Napier Pdf

Law and Anthropology, the latest volume in the Current Legal Issues series, offers an insight into the state of law and anthropology scholarship today. Focussing on the inter-connections between the two disciplines it also includes case studies from around the world.

Gender, Culture and Human Rights

Siobhán Mullally
Gender Culture and Human Rights Book PDF

Author : Siobhán Mullally
Publisher : Bloomsbury Publishing
Page : 287 pages
File Size : 47,5 Mb
Release : 2006-05-26
Category : Law
ISBN : 9781847311559

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Gender, Culture and Human Rights by Siobhán Mullally Pdf

In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.

Christianity in Evolution

Jack Mahoney
Christianity in Evolution Book PDF

Author : Jack Mahoney
Publisher : Georgetown University Press
Page : 204 pages
File Size : 51,7 Mb
Release : 2011-08-01
Category : Religion
ISBN : 9781589017993

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Christianity in Evolution by Jack Mahoney Pdf

Evolution has provided a new understanding of reality, with revolutionary consequences for Christianity. In an evolutionary perspective the incarnation involved God entering the evolving human species to help it imitate the trinitarian altruism in whose image it was created and counter its tendency to self-absorption. Primarily, however, the evolutionary achievement of Jesus was to confront and overcome death in an act of cosmic significance, ushering humanity into the culminating stage of its evolutionary destiny, the full sharing of God’s inner life. Previously such doctrines as original sin, the fall, sacrifice, and atonement stemmed from viewing death as the penalty for sin and are shown not only to have serious difficulties in themselves, but also to emerge from a Jewish culture preoccupied with sin and sacrifice that could not otherwise account for death. The death of Jesus on the cross is now seen as saving humanity, not from sin, but from individual extinction and meaninglessness. Death is now seen as a normal process that affect all living things and the religious doctrines connected with explaining it in humans are no longer required or justified. Similar evolutionary implications are explored affecting other subjects of Christian belief, including the Church, the Eucharist, priesthood, and moral behavior.

States of Exception

Costas Douzinas
States of Exception Book PDF

Author : Costas Douzinas
Publisher : Edward Elgar Publishing
Page : 273 pages
File Size : 50,8 Mb
Release : 2023-12-11
Category : Law
ISBN : 9781800376441

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States of Exception by Costas Douzinas Pdf

Considering the major crises Europe has faced over the last three decades, this unique book offers a multidisciplinary examination of the ways in which law, human rights and politics have evolved and were affected by recent emergencies.

Being Relational

Jocelyn Downie,Jennifer J. Llewellyn
Being Relational Book PDF

Author : Jocelyn Downie,Jennifer J. Llewellyn
Publisher : UBC Press
Page : 354 pages
File Size : 46,8 Mb
Release : 2011-11-10
Category : Law
ISBN : 9780774821919

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Being Relational by Jocelyn Downie,Jennifer J. Llewellyn Pdf

At the heart of relational theory lies the idea that the human self is fundamentally constituted in terms of its relations to others. For relational theorists, the self not only lives in relationship with and to others, but also owes its very existence to such relationships. In this groundbreaking collection, leading relational theorists explore core moral and metaphysical concepts, while health law and policy scholars respond by analyzing how such considerations might apply to more practical areas of concern. Innovative and self-reflexive, Being Relational brings a powerful theoretical framework to health law and policy studies. In so doing, it makes a bold contribution to scholarship and will appeal to a broad range of thinkers, especially those with an interest in social justice, and who seek to understand the complex ways in which power is created and sustained relationally.

The Oxford Handbook of Feminism and Law in the United States

Deborah L. Brake,Martha Chamallas,Verna L. Williams
The Oxford Handbook of Feminism and Law in the United States Book PDF

Author : Deborah L. Brake,Martha Chamallas,Verna L. Williams
Publisher : Oxford University Press
Page : 737 pages
File Size : 52,6 Mb
Release : 2023-07-11
Category : Law
ISBN : 9780197520017

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The Oxford Handbook of Feminism and Law in the United States by Deborah L. Brake,Martha Chamallas,Verna L. Williams Pdf

Combining analyses of feminist legal theory, legal doctrine, and feminist social movements, The Oxford Handbook of Feminism and Law in the United States offers a comprehensive overview of U.S. legal feminism. Contributions by leading feminist thinkers trace the impacts of legal feminism on legal claims and defenses and demonstrate how feminism has altered and transformed understandings of basic legal concepts, from sexual harassment and gender equity in sports to new conceptions of consent and motherhood. Its chapters connect legal feminism to adjacent intellectual discourses, such as masculinities theory and queer theory, and scrutinize criticisms and backlash to feminism from all sides of the political spectrum. Its examination of the prominent brands of feminist legal theory shows the links and divergences among feminist scholars, highlighting the continued relevance of established theories (liberal, dominance, and relational feminism) and the increased importance of new intersectional, sex-positive, and postmodern approaches. Unique in its triple focus on theory, doctrine, and social movements, the Handbook recounts the history of activist struggles to pass the Equal Right Amendment, the Anti-Rape and Battered Movements of the 1970s, the contemporary movements for reproductive justice and against campus sexual assault, as well as the #MeToo movement. The emphasis on theory and feminist practice animates discussions of feminist legal pedagogy and feminist influences on judges and judicial decision making. Chapters on emerging areas of law ripe for feminist analysis explore foundational subjects such as contracts, tax, and tort law, and imagine feminist and social justice approaches to digital privacy and intellectual property law, environmental law, and immigration law. The Handbook provides a broad picture of the intellectual landscape and allows both new and established scholars to gain an in-depth understanding of the full range of feminist influence on U.S. law.

Human Rights Law and Personal Identity

Jill Marshall
Human Rights Law and Personal Identity Book PDF

Author : Jill Marshall
Publisher : Routledge
Page : 286 pages
File Size : 44,7 Mb
Release : 2014-06-20
Category : Law
ISBN : 9781134443260

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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.

Indigenous Rights

Anthony J. Connolly
Indigenous Rights Book PDF

Author : Anthony J. Connolly
Publisher : Routledge
Page : 458 pages
File Size : 48,7 Mb
Release : 2017-05-15
Category : Law
ISBN : 9781351927918

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Indigenous Rights by Anthony J. Connolly Pdf

Throughout the world, indigenous rights have become increasingly prominent and controversial. The recent adoption by the United Nations General Assembly of the Declaration on the Rights of Indigenous Peoples is the latest in a series of significant developments in the recognition of such rights across a range of jurisdictions. The papers in this collection address the most important philosophical and practical issues informing the discussion of indigenous rights over the past decade or so, at both the international and national levels. Its contributing authors comprise some of the most interesting and influential indigenous and non-indigenous thinkers presently writing on the topic.

Community and Communitarianism

Haig A. Khatchadourian
Community and Communitarianism Book PDF

Author : Haig A. Khatchadourian
Publisher : Wipf and Stock Publishers
Page : 352 pages
File Size : 50,6 Mb
Release : 2011-06-29
Category : Religion
ISBN : 9781610970563

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Community and Communitarianism by Haig A. Khatchadourian Pdf

Community and Communitarianism presents--and defends in detail--a care-centered ideal of a good and moral community: a form of social organization imbued with the virtues of a care-centered ethic, such as cooperation (in "teleological communities," cooperation in the realization of communal goals); mutual concern and solidarity; sympathy and empathy; benevolence; a spirit of sacrifice; and affection, love, and caring. It is argued that a care-centered ethic, hence a care-centered community, needs to be constrained and fortified by equal respect for the participants' basic human right to be treated as moral subjects, together with fair and just treatment. Besides contributing to social philosophy, the book contributes significantly to ethics.