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Author: Charles Foster
Publisher: Springer
ISBN: 3319534599
Category : Law
Languages : en
Pages : 77
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Book Description
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: Charles Foster
Publisher: Springer
ISBN: 3319534599
Category : Law
Languages : en
Pages : 77
Get Book Here
Book Description
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
ISBN: 981287481X
Category : Education
Languages : en
Pages : 231
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Book Description
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: Abimbola Asojo
Publisher:
ISBN: 9781531017569
Category : Africa
Languages : en
Pages : 552
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Book Description
"African Humanity: Creativity, Identity and Personhood is a collection of thought-provoking essays from scholars around the world on topics that inform new ways of thinking while engaging critical perspectives about Africa and the African Diaspora. The essays focus on the discourse of creativity, culture, identity and well-being from multiple fields such as design, art, gender studies, education, health and museum studies in pre-colonial, colonial and post-colonial Africa and the African Diaspora. This multidisciplinary group of global scholars offer a critical dialogue on topics such as the creative process in Africa and the African Diaspora; gender and creative space; histories of creativity and inventions; globalized modernity and its consequence on cultural performances; politics of creativity; creativity, performance and Nollywood; social, political, and economic ramifications of creativity and design; ethical issues in creativity; and sustainability, well-being and the environment. The book's goal is to offer a comparative critical dialogue for a multidisciplinary academic audience, artists, grassroots activists, diverse communities and interested members of the general public. It has five distinct sections: Gender, Education, and Language; Design and Art in Africa and Its Diaspora; Creativity, Performance and Nollywood; Identity and Institutions of Politics and Living; and Sustainability, Health and the Environment. This book is part of the African World Series, edited by Toyin Falola, Jacob and Frances Sanger Mossiker Chair in the Humanities, University of Texas at Austin"--
Author: Ruth Boeker
Publisher:
ISBN: 0198846754
Category : Philosophy
Languages : en
Pages : 326
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Book Description
Ruth Boeker offers a new perspective on Locke's account of persons and personal identity by considering it within the context of his broader philosophical project and the philosophical debates of his day. In contrast to some neo-Lockean views about personal identity, she argues that Locke's account of personal identity is not psychological per se, but rather his underlying moral, religious, metaphysical, and epistemic background beliefs are relevant for understanding why he argues for a consciousness-based account of personal identity.
Author: Visa A. J. Kurki
Publisher: Oxford University Press
ISBN: 0198844034
Category : Law
Languages : en
Pages : 241
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Book Description
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: Simon Stern
Publisher:
ISBN: 0190695625
Category : Education
Languages : en
Pages : 921
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Book Description
How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.
Author: Jennifer Rothman
Publisher: Harvard University Press
ISBN: 0674986350
Category : Law
Languages : en
Pages : 170
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Book Description
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Author: Richard Prust
Publisher: Vernon Press
ISBN: 1622737474
Category : Philosophy
Languages : en
Pages : 131
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Book Description
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: Anne Griffiths
Publisher: Taylor & Francis
ISBN: 131730814X
Category : Law
Languages : en
Pages : 286
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Book Description
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: Kwame Anthony Appiah
Publisher: Princeton University Press
ISBN: 069125477X
Category : Philosophy
Languages : en
Pages : 392
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Book Description
A bold vision of liberal humanism for navigating today’s complex world of growing identity politics and rising nationalism Collective identities such as race, nationality, religion, gender, and sexuality clamor for recognition and respect, sometimes at the expense of other things we value. To what extent do they constrain our freedom, and to what extent do they enable our individuality? Is diversity of value in itself? Has the rhetoric of human rights been overstretched? Kwame Anthony Appiah draws on thinkers through the ages and across the globe to explore such questions, developing an account of ethics that connects moral obligations with collective allegiances and that takes aim at clichés and received ideas about identity. This classic book takes seriously both the claims of individuality—the task of making a life—and the claims of identity, these large and often abstract social categories through which we define ourselves.
