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Author: Tatiana Hansbury
Publisher: Taylor & Francis
ISBN: 1000583430
Category : Law
Languages : en
Pages : 301
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Book Description
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.
Author: Tatiana Hansbury
Publisher: Taylor & Francis
ISBN: 1000583430
Category : Law
Languages : en
Pages : 301
Get Book Here
Book Description
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.
Author: Joseph Tham
Publisher: Springer
ISBN: 3319584316
Category : Philosophy
Languages : en
Pages : 299
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Book Description
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.
Author: Jonathan Herring
Publisher: Cambridge University Press
ISBN: 1108425135
Category : Law
Languages : en
Pages : 213
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Book Description
Describes the concept of the relational self and its potential significance to the law.
Author: Michael D. A. Freeman
Publisher: Academic
ISBN: 019958091X
Category : Law
Languages : en
Pages : 583
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Book Description
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.
Author: Jack Mahoney
Publisher: Georgetown University Press
ISBN: 1589017994
Category : Religion
Languages : en
Pages : 204
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Book Description
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.
Author: Jennifer Nedelsky
Publisher: OUP USA
ISBN: 0195147960
Category : Law
Languages : en
Pages : 559
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Book Description
Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.
Author: Costas Douzinas
Publisher: Edward Elgar Publishing
ISBN: 1800376448
Category : Law
Languages : en
Pages : 273
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Book Description
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.
Author: Deborah L. Brake
Publisher: Oxford University Press
ISBN: 0197520014
Category : Law
Languages : en
Pages : 737
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Book Description
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.
Author: Daniel Levy
Publisher: Penn State Press
ISBN: 0271037385
Category : Political Science
Languages : en
Pages : 188
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Book Description
"Examines the foundations of human rights, how their political and cultural validation in a global context is posing challenges to nation-state sovereignty, and how they become an integral part of international relations and are institutionalized into domestic legal and political practices"--Provided by publisher.
Author: Anthony J. Connolly
Publisher: Routledge
ISBN: 1351927914
Category : Law
Languages : en
Pages : 458
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Book Description
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.
