Identity, Personhood and the Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Identity, Personhood and the Law PDF full book. Access full book title Identity, Personhood and the Law by Charles Foster. Download full books in PDF and EPUB format.
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: 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: Hilde Lindemann
Publisher: Oxford University Press
ISBN: 0190649607
Category : Medical
Languages : en
Pages : 257
Get Book Here
Book Description
This book explores the social practice of holding each other in our identities, beginning with pregnancy and on through the life span. Lindemann argues that our identities give us our sense of how to act and how to treat others, and that the ways in which we we hold each other in them is of crucial moral importance.
Author: Higgs, Paul
Publisher: Policy Press
ISBN: 1447319052
Category : Family & Relationships
Languages : en
Pages : 188
Get Book Here
Book Description
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: Amy Kind
Publisher: John Wiley & Sons
ISBN: 1509500243
Category : Philosophy
Languages : en
Pages : 118
Get Book Here
Book Description
As persons, we are importantly different from all other creatures in the universe. But in what, exactly, does this difference consist? What kinds of entities are we, and what makes each of us the same person today that we were yesterday? Could we survive having all of our memories erased and replaced with false ones? What about if our bodies were destroyed and our brains were transplanted into android bodies, or if instead our minds were simply uploaded to computers? In this engaging and accessible introduction to these important philosophical questions, Amy Kind brings together three different areas of research: the nature of personhood, theories of personal identity over time, and the constitution of self-identity. Surveying the key contemporary theories in the philosophical literature, Kind analyzes and assesses their strengths and weaknesses. As she shows, our intuitions on these issues often pull us in different directions, making it difficult to develop an adequate general theory. Throughout her discussion, Kind seamlessly interweaves a vast array of up-to-date examples drawn from both real life and popular fiction, all of which greatly help to elucidate this central topic in metaphysics. A perfect text for readers coming to these issues for the first time, Persons and Personal Identity engages with some of the deepest and most important questions about human nature and our place in the world, making it a vital resource for students and researchers alike.
Author: Marya Schechtman
Publisher: OUP Oxford
ISBN: 0191507784
Category : Philosophy
Languages : en
Pages : 225
Get Book Here
Book Description
Judgments of personal identity stand at the heart of our daily transactions. Family life, friendships, institutions of justice, and systems of compensation all rely on our ability to reidentify people. It is not as obvious as it might at first appear just how to express this relation between facts about personal identity and practical interests in a philosophical account of personal identity. A natural thought is that whatever relation is proposed as the one which constitutes the sameness of a person must be important to us in just the way identity is. This simple understanding of the connection between personal identity and practical concerns has serious difficulties, however. One is that the relations that underlie our practical judgments do not seem suited to providing a metaphysical account of the basic, literal continuation of an entity. Another is that the practical interests we associate with identity are many and varied and it seems impossible that a single relation could simultaneously capture what is necessary and sufficient for all of them. Staying Alive offers a new way of thinking about the relation between personal identity and practical interests which allows us to overcome these difficulties and to offer a view in which the most basic and literal facts about personal identity are inherently connected to practical concerns. This account, the 'Person Life View', sees persons as unified loci of practical interaction, and defines the identity of a person in terms of the unity of a characteristic kind of life made up of dynamic interactions among biological, psychological, and social attributes and functions mediated through social and cultural infrastructure.
Author: Joseph Dumit
Publisher: Princeton University Press
ISBN: 0691236623
Category : Medical
Languages : en
Pages : 266
Get Book Here
Book Description
By showing us the human brain at work, PET (positron emission tomography) scans are subtly--and sometimes not so subtly--transforming how we think about our minds. Picturing Personhood follows this remarkable and expensive technology from the laboratory into the world and back. It examines how PET scans are created and how they are being called on to answer myriad questions with far-reaching implications: Is depression an observable brain disease? Are criminals insane? Do men and women think differently? Is rationality a function of the brain? Based on interviews, media analysis, and participant observation at research labs and conferences, Joseph Dumit analyzes how assumptions designed into and read out of the experimental process reinforce specific notions about human nature. Such assumptions can enter the process at any turn, from selecting subjects and mathematical models to deciding which images to publish and how to color them. Once they leave the laboratory, PET scans shape social debates, influence courtroom outcomes, and have positive and negative consequences for people suffering mental illness. Dumit follows this complex story, demonstrating how brain scans, as scientific objects, contribute to our increasing social dependence on scientific authority. The first book to examine the cultural ramifications of brain-imaging technology, Picturing Personhood is an unprecedented study that will influence both cultural studies and the growing field of science and technology studies.
Author: David Shoemaker
Publisher: Broadview Press
ISBN: 1551118823
Category : Philosophy
Languages : en
Pages : 304
Get Book Here
Book Description
The relationship between personal identity and ethics remains on of the most intriguing yet vexing issues in philosophy. It is commonplace to hold that moral responsibility for past actions requires that the responsible agent is in some respect identical to the agent who performed the action. Is this true? On the other hand, can ethics constrain our account of personal identity? Do the practical requirements of moral theory commit us to the view that persons do remain identical over time? For example, does the moral status of abortion or stem cell research depend on whether personal identity is based on psychological or biological properties? Or is it the case that personal identity is not, in fact, relevant to ethics? Personal Identity and Ethics provides the first comprehensive examination of these issues. Topics include personal identity and prudential rationality; personal identity’s significance for moral responsibility and ethical theory; and the practical consequences of accounts of personal identity for issues such as abortion, stem cell research, cloning, advance directives, population ethics, multiple personality disorder, and the definition of death.
Author: Ruth Boeker
Publisher: Oxford University Press, USA
ISBN: 0198846754
Category : Philosophy
Languages : en
Pages : 326
Get Book Here
Book Description
Locke on Persons and Personal Identity offers a fresh perspective on Locke's accounts of personal identity within the context of his broader philosophical ideas and the philosophical debates of his day.
Author: Bianca Naude
Publisher: Routledge
ISBN: 1000509214
Category : Political Science
Languages : en
Pages : 166
Get Book Here
Book Description
Breathing fresh air into debates surrounding foreign policy and interstate relations, Bianca Naude presents a holistic theory of states as collectives of people that cannot be reduced to their individual constituents. Moving among current research on the ontological status of the state alongside important arguments in support of the state personhood thesis, Naude begins by exploring Freud’s personality theory and the ways in which this theory has evolved over time in response to newer insights from the field of experimental psychology. Recognizing that Freud’s work is in many ways outdated, she considers more recent literature on narcissism as an aspect of self-esteem rather than a form of psychopathology, drawing specifically on Kohut’s expansion of the concept of narcissism as a normal feature of personality development. Using the South African state as a case study, Naude demonstrates the various ways in which the state presents itself to the outside world on the one hand, and how it wishes to see itself on the other. She further considers how narcissistic defenses help protect the state's ego from criticism and self-judgments. Revisiting State Personhood and World Politics will help readers understand how the state sees itself, why or when the state experiences shame, humiliation, guilt or pride, and how it responds to these self-conscious emotions. It will be a valuable resource to researchers and students of International Relations.
Author: Derek Parfit
Publisher: OUP Oxford
ISBN: 0191622443
Category : Philosophy
Languages : en
Pages : 880
Get Book Here
Book Description
This book challenges, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity. The author claims that we have a false view of our own nature; that it is often rational to act against our own best interests; that most of us have moral views that are directly self-defeating; and that, when we consider future generations the conclusions will often be disturbing. He concludes that moral non-religious moral philosophy is a young subject, with a promising but unpredictable future.
