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Identity Captured By Law
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Book Synopsis Identity Captured by Law by : Sébastien Grammond
Download or read book Identity Captured by Law written by Sébastien Grammond and published by McGill-Queen's Press - MQUP. This book was released on 2009-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Identity Captured by Law, Sébastien Grammond explains how minority rights make identity legally relevant, providing a detailed account of struggles that have been fought concerning Indian status and admission to minority-language schools. Setting his analysis of the law in the wider interdisciplinary context of anthropology and political theory, Grammond assesses whether a group's membership rules are an accurate reflection of their ethnicity and are based on sound justifications of minority rights. He argues that membership rules do not violate equality rights if there is sufficient correspondence between the legal criteria that determine membership and the group's own cultural or relational conceptions of their ethnic identity. Comprehensive, interdisciplinary, and original in its comparison of indigenous peoples and linguistic minorities, Identity Captured by Law is an invaluable resource for legal and political scholars and students, as well as anyone interested in the controversies surrounding the legal recognition of identity.
Book Synopsis The Perils of Identity by : Caroline Dick
Download or read book The Perils of Identity written by Caroline Dick and published by UBC Press. This book was released on 2011-11-15 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Calls for the provision of group rights are a common part of politics in Canada. Many liberal theorists consider identity claims a necessary condition of equality, but do these claims do more harm than good? To answer this question, Caroline Dick engages in a critical analysis of liberal identity-driven theories and their application in cases such as Sawridge Band v. Canada, which sets a First Nation’s right to self-determination against indigenous women’s right to equality. She contrasts Charles Taylor’s theory of identity recognition, Will Kymlicka’s cultural theory of minority rights, and Avigail Eisenberg’s theory of identity-related interests with an alternative rights framework that account for both group and in-group differences. Dick concludes that the problem is not the concept of identity itself but the way in which prevailing conceptions of identity and group rights obscure intragroup differences. Instead, she proposes a politics of intragroup difference that has the power to transform rights discourse in Canada.
Book Synopsis The Routledge Handbook on Identity in Byzantium by : Michael Edward Stewart
Download or read book The Routledge Handbook on Identity in Byzantium written by Michael Edward Stewart and published by Routledge. This book was released on 2022-03-31 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the first to focus solely on how specific individuals and groups in Byzantium and its borderlands were defined and distinguished from other individuals and groups from the mid-fourth to the close of the fifteenth century. It gathers chapters from both established and emerging scholars from a wide range of disciplines across history, art, archaeology, and religion to provide an accurate representation of the state of the field both now and in its immediate future. The handbook is divided into four subtopics that examine concepts of group and specific individual identity which have been chosen to provide methodologically sophisticated and multidisciplinary perspectives on specific categories of group and individual identity. The topics are Imperial Identities; Romanitas in the Late Antique Mediterranean; Macro and Micro Identities: Religious, Regional, and Ethnic Identities, and Internal Others; and Gendered Identities: Literature, Memory, and Self in Early and Middle Byzantium. While no single volume could ever provide a comprehensive vision of identities on the vast variety of peoples within Byzantium over nearly a millennium of its history, this handbook represents a milestone in offering a survey of the vibrant surge of scholarship examining the numerous and oft-times fluctuating codes of identity that shaped and transformed Byzantium and its neighbours during the empire’s long life.
Book Synopsis Elite Capture by : Olúfẹ́mi O. Táíwò
Download or read book Elite Capture written by Olúfẹ́mi O. Táíwò and published by Haymarket Books. This book was released on 2022-05-03 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Identity politics” is everywhere, polarizing discourse from the campaign trail to the classroom and amplifying antagonisms in the media, both online and off. But the compulsively referenced phrase bears little resemblance to the concept as first introduced by the radical Black feminist Combahee River Collective. While the Collective articulated a political viewpoint grounded in their own position as Black lesbians with the explicit aim of building solidarity across lines of difference, identity politics is now frequently weaponized as a means of closing ranks around ever-narrower conceptions of group interests. But the trouble, Olúfẹ́mi O. Táíwò deftly argues, is not with identity politics itself. Through a substantive engagement with the global Black radical tradition and a critical understanding of racial capitalism, Táíwò identifies the process by which a radical concept can be stripped of its political substance and liberatory potential by becoming the victim of elite capture—deployed by political, social, and economic elites in the service of their own interests. Táíwò’s crucial intervention both elucidates this complex process and helps us move beyond a binary of “class” vs. “race.” By rejecting elitist identity politics in favor of a constructive politics of radical solidarity, he advances the possibility of organizing across our differences in the urgent struggle for a better world.
Book Synopsis Unsettled Waters by : Eric P. Perramond
Download or read book Unsettled Waters written by Eric P. Perramond and published by Univ of California Press. This book was released on 2018-11-06 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the American West, water adjudication lawsuits are adversarial, expensive, and lengthy. Unsettled Waters is the first detailed study of water adjudications in New Mexico. The state envisioned adjudication as a straightforward accounting of water rights as private property. However, adjudication resurfaced tensions and created conflicts among water sovereigns at multiple scales. Based on more than ten years of fieldwork, this book tells a fascinating story of resistance involving communal water cultures, Native rights and cleaved identities, clashing experts, and unintended outcomes. Whether the state can alter adjudications to meet the water demands in the twenty-first century will have serious consequences.
Book Synopsis Human Rights Law and Personal Identity by : Jill Marshall
Download or read book Human Rights Law and Personal Identity written by Jill Marshall and published by Routledge. This book was released on 2014-06-20 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Personal Identity in Moral and Legal Reasoning by : Richard Prust
Download or read book Personal Identity in Moral and Legal Reasoning written by Richard Prust and published by Vernon Press. This book was released on 2019-10-31 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Discrimination Law by : Sandra Fredman FBA KC
Download or read book Discrimination Law written by Sandra Fredman FBA KC and published by Oxford University Press. This book was released on 2022-12-22 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: A challenging, yet highly accessible, introduction to discrimination law which highlights the major issues and asks how the right to equality can be made more effective. This edition includes expanded material on how jurisdictions formulate grounds of discrimination with thematic analysis on topics such as racism, sexism, and LGBTQ+ rights.
Book Synopsis Digital Identity, an Emergent Legal Concept by : Clare Sullivan
Download or read book Digital Identity, an Emergent Legal Concept written by Clare Sullivan and published by University of Adelaide Press. This book was released on 2011 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new legal concept of identity. As transactions once based on personal relationships are increasingly automated, it is inevitable that our traditional concept of identity will need to be redefined. This book examines the functions and legal nature of an individual's digital identity in the context of a national identity scheme. The analysis and findings are relevant to the one proposed for the United Kingdom, to other countries which have similar schemes, and to countries like Australia which are likely to establish such a scheme in the near future. Under a national identity scheme, being asked to provide ID will become as commonplace as being asked one's name, and the concept of identity will become embedded in processes essential to the national economic and social order. The analysis reveals the emergence of a new legal concept of identity. This emergent concept and the associated individual rights, including the right to identity, potentially change the legal and commercial landscape. The author examines the implications for individuals, businesses and government against a background of identity crime.
Book Synopsis Performance, Identity, and Immigration Law by : G. Guterman
Download or read book Performance, Identity, and Immigration Law written by G. Guterman and published by Springer. This book was released on 2014-07-10 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has contemporary American theatre presented so-called undocumented immigrants? Placing theatre artists and their work within a context of on-going debate, Guterman shows how theatre fills an essential role in a critical conversation by exploring the powerful ways in which legal labels affect and change us.
Download or read book Taken Identity written by Chuck Igo and published by Author House. This book was released on 2007-08-23 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imagine a president embroiled in scandal, an opposition party frothing at the mouth with his impending resignation or conviction, and the only thing standing between the other guys and the White House is the vice-president. Now imagine the remnants of a war thought long over that has at least one more battle to be waged. That is the premise of Taken Identity, the story of life-long friends trying to right a wrong, and prevent a disaster. From Washington to Maine to Europe and beyond, Taken Identity follows the course of events that puts the president in a precarious position and his most trusted advisors in the role of human shield. The relationships within the circle of friends, at times, are forced to withstand the most brutal of beatings. From high-tech to old fashioned footwork and know-how, Taken Identity introduces you to a by-the-people, for-the-people White House and an extended circle of aides who strive, like all of us, to adhere to the letter of the law, but sometimes are forced to bend it. Its easy to do the right thing, but much harder to do the wrong things for the right reasons.
Book Synopsis The Abuse of Constitutional Identity in the European Union by : Julian Scholtes
Download or read book The Abuse of Constitutional Identity in the European Union written by Julian Scholtes and published by Oxford University Press. This book was released on 2023-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.
Book Synopsis National Identity in EU Law by : Elke Cloots
Download or read book National Identity in EU Law written by Elke Cloots and published by Oxford Studies in European Law. This book was released on 2015 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author's thesis (doctoral)--University of Leuven, 2013.
Book Synopsis Islamic Identity, Postcoloniality, and Educational Policy by : Jeffrey Ayala Milligan
Download or read book Islamic Identity, Postcoloniality, and Educational Policy written by Jeffrey Ayala Milligan and published by Springer Nature. This book was released on 2020-02-26 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theorizes a philosophical framework for educational policy and practice in the southern Philippines where decades of religious and political conflict between a minority Muslim community and the Philippine state has plagued the educational and economic development of the region. It offers a critical historical and ethnographic analysis of a century of failed attempts under successive U.S. colonial and independent Philippine governments to deploy education as a tool to mitigate the conflict and assimilate the Muslim minority into the mainstream of Philippine society and examines recent efforts to integrate state and Islamic education before proposing a philosophy of prophetic pragmatism as a more promising framework for educational policy and practice that respects the religious identity and fosters the educational development of Muslim Filipinos. It represents a timely contribution to the search for educational policies and practices more responsive to the needs and religious identities of Muslim communities emerging from conflict, not only in the southern Philippines, but in other international contexts as well.
Book Synopsis Islamic Identity, Postcoloniality, and Educational Policy by : J. Milligan
Download or read book Islamic Identity, Postcoloniality, and Educational Policy written by J. Milligan and published by Springer. This book was released on 2005-07-31 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tensions between Muslim communities and state institutions are endemic in many parts of the world. For decades successive colonial and independent governments in the Philippines have deployed educational policy as a tool to mitigate one such conflict between Muslims and Christians, a conflict which has claimed more than 100,000 lives since the 1970's. Postcolonial Education and Islamic Identity in the Southern Philippines offers a postcolonial critique of this century-long educational project in an effort to understand how educational policy has failed Muslim Filipinos and to seek insight from their experience into the potential and pitfalls of educational responses to ethnic and religious tensions.
Book Synopsis Law, Culture and Identity in Central and Eastern Europe by : Cosmin Cercel
Download or read book Law, Culture and Identity in Central and Eastern Europe written by Cosmin Cercel and published by Taylor & Francis. This book was released on 2023-12-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.
Book Synopsis The Origins of Indigenism by : Ronald Niezen
Download or read book The Origins of Indigenism written by Ronald Niezen and published by Univ of California Press. This book was released on 2003-01-14 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: "International indigenism" may sound like a contradiction in terms, but it is indeed a global phenomenon and a growing form of activism. In his fluent and accessible narrative, Ronald Niezen examines the ways the relatively recent emergence of an internationally recognized identity—"indigenous peoples"—intersects with another relatively recent international movement—the development of universal human rights laws and principles. This movement makes use of human rights instruments and the international organizations of states to resist the political, cultural, and economic incursions of individual states. The concept "indigenous peoples" gained currency in the social reform efforts of the International Labor Organization in the 1950s, was taken up by indigenous nongovernmental organizations, and is now fully integrated into human rights initiatives and international organizations. Those who today call themselves indigenous peoples share significant similarities in their colonial and postcolonial experiences, such as loss of land and subsistence, abrogation of treaties, and the imposition of psychologically and socially destructive assimilation policies. Niezen shows how, from a new position of legitimacy and influence, they are striving for greater recognition of collective rights, in particular their rights to self-determination in international law. These efforts are influencing local politics in turn and encouraging more ambitious goals of autonomy in indigenous communities worldwide.
