Rights And Subjectivity

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Posthuman Legal Subjectivity

Author : Jana Norman
Publisher : Routledge
ISBN 13 : 1000424847
Total Pages : 195 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Posthuman Legal Subjectivity by : Jana Norman

Download or read book Posthuman Legal Subjectivity written by Jana Norman and published by Routledge. This book was released on 2021-08-12 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a reimagining of how Western law and legal theory structures the human–earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human–earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human–earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed ‘Cosmic Person’ as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human–earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.

The Subject of Human Rights

Author : Danielle Celermajer
Publisher : Stanford University Press
ISBN 13 : 1503613720
Total Pages : 430 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Subject of Human Rights by : Danielle Celermajer

Download or read book The Subject of Human Rights written by Danielle Celermajer and published by Stanford University Press. This book was released on 2020-09-22 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Subjectivity, Citizenship and Belonging in Law

Author : Anne Griffiths
Publisher : Taylor & Francis
ISBN 13 : 131730814X
Total Pages : 273 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Subjectivity, Citizenship and Belonging in Law by : Anne Griffiths

Download or read book Subjectivity, Citizenship and Belonging in Law written by Anne Griffiths and published by Taylor & Francis. This book was released on 2016-10-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Authors, Users, and Pirates

Author : James Meese
Publisher : MIT Press
ISBN 13 : 0262344521
Total Pages : 241 pages
Book Rating : 4.2/5 (623 download)

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Book Synopsis Authors, Users, and Pirates by : James Meese

Download or read book Authors, Users, and Pirates written by James Meese and published by MIT Press. This book was released on 2018-02-23 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of subjectivity in copyright law, analyzing authors, users, and pirates through a relational framework. In current debates over copyright law, the author, the user, and the pirate are almost always invoked. Some in the creative industries call for more legal protection for authors; activists and academics promote user rights and user-generated content; and online pirates openly challenge the strict enforcement of copyright law. In this book, James Meese offers a new way to think about these three central subjects of copyright law, proposing a relational framework that encompasses all three. Meese views authors, users, and pirates as interconnected subjects, analyzing them as a relational triad. He argues that addressing the relationships among the three subjects will shed light on how the key conceptual underpinnings of copyright law are justified in practice. Meese presents a series of historical and contemporary examples, from nineteenth-century cases of book abridgement to recent controversies over the reuse of Instagram photos. He not only considers the author, user, and pirate in terms of copyright law, but also explores the experiential element of subjectivity—how people understand and construct their own subjectivity in relation to these three subject positions. Meese maps the emergence of the author, user, and pirate over the first two centuries of copyright's existence; describes how regulation and technological limitations turned people from creators to consumers; considers relational authorship; explores practices in sampling, music licensing, and contemporary art; examines provisions in copyright law for user-generated content; and reimagines the pirate as an innovator.

Common Law Judging

Author : Douglas E. Edlin
Publisher : University of Michigan Press
ISBN 13 : 0472902342
Total Pages : 281 pages
Book Rating : 4.4/5 (729 download)

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Book Synopsis Common Law Judging by : Douglas E. Edlin

Download or read book Common Law Judging written by Douglas E. Edlin and published by University of Michigan Press. This book was released on 2020-03-06 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.

Autonomy, Freedom and Rights

Author : Emilio Santoro
Publisher : Springer Science & Business Media
ISBN 13 : 9401708231
Total Pages : 306 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Autonomy, Freedom and Rights by : Emilio Santoro

Download or read book Autonomy, Freedom and Rights written by Emilio Santoro and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the author freedom is not a fixed measure. It is not the container of powers and rights defining an individual's role and identity. It is rather the outcome of a process whereby individuals continuously re-define the shape of their individuality. Freedom is everything that each of us manages to be in his or her active and uncertain opposition to external 'pressures'.

Rights and Subjectivity

Author : Roberto Buonamano
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443811637
Total Pages : 220 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Rights and Subjectivity by : Roberto Buonamano

Download or read book Rights and Subjectivity written by Roberto Buonamano and published by Cambridge Scholars Publishing. This book was released on 2009-05-27 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of the last century human rights have served as the pre-eminent currency of neo-liberal discourses and correspondingly informed the construction of the individual as a legal and political subject. This has been the case notwithstanding that the fundamental paradox of individual rights—as universal and inalienable attributes of human being that depend integrally upon the political and legal frameworks of the nation state for their recognition—perpetually reveals the contingency and frailty of modern human rights, whether in terms of their conceptualisation, application or enforcement. The pervasiveness of this form of subjectivity, and its influence upon both national constitutions and the emergence of international legal institutions, suggests the need to investigate not merely the more conventional histories of human rights—as a product of post-Enlightenment liberal theory and the international legal order of sovereign states—but also the pre-historical formation of the individual as an inherent bearer of rights. In order to chart a genealogical history of the relationship between rights and subjectivity, this study brings together an analysis of key doctrines and concepts, such as sovereignty, jurisdiction, democracy, natural rights and freedom, and an examination of certain historical narratives—the theological-political model of sovereignty during the Middle Ages; the development of feudal rights as dominial and individual liberties; the role of the text and the concepts of public law and property in Medieval Roman and Canonical jurisprudence; and, the theological and humanistic philosophical discourses on natural law and personal liberty.

Foucault's Politics of Philosophy

Author : Sandro Chignola
Publisher : Taylor & Francis
ISBN 13 : 1351724142
Total Pages : 144 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Foucault's Politics of Philosophy by : Sandro Chignola

Download or read book Foucault's Politics of Philosophy written by Sandro Chignola and published by Taylor & Francis. This book was released on 2018-07-04 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oriented around the theme of a ‘politics of philosophy’, this book tracks the phases in which Foucault’s genealogy of power, law, and subjectivity was reorganized during the 14 years of his teaching at the College de France, as his focus shifted from sovereignty to governance. This theme, Sandro Chignola argues here, is the key to understanding four features of Foucault’s work over this period. First, it foregrounds its immediate political character. Second, it demonstrates that Foucault’s "Greek trip" also aims at a politics of the subject that is able to face the processes of the governmentalization of power. Third, it makes clear that the idea of the "government of the self" is – drawing on an ethics of intellectual responsibility that is Weberian in origin – an answer to the processes that, within neoliberal governance, produce the subject as an individual (as a consumer, a market agent, an entrepreneur, and so on). Fourth, the theme of a ‘politics of philosophy’ implies that Foucault’s research was never simply scholarly or neutral; but rather was characterized by a specific political position. Against recent interpretations that risk turning Foucault into a scholar, here then Foucault is re-presented as a key figure for jurisprudential and political-philosophical research.

Subjectivity

Author : João Biehl
Publisher : Univ of California Press
ISBN 13 : 0520247930
Total Pages : 477 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Subjectivity by : João Biehl

Download or read book Subjectivity written by João Biehl and published by Univ of California Press. This book was released on 2007-04-11 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Talks about the ways personal lives are being undone and remade today. This book examines the ethnography of the modern subject, probes the continuity and diversity of modes of personhood across a range of Western and non-Western societies. It considers what happens to individual subjectivity when environments such as communities are transformed.

Subjectivity and the Political

Author : Gavin Rae
Publisher : Routledge
ISBN 13 : 1351966227
Total Pages : 329 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Subjectivity and the Political by : Gavin Rae

Download or read book Subjectivity and the Political written by Gavin Rae and published by Routledge. This book was released on 2017-10-12 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite, or quite possibly because of, the structuralist, post-structuralist, and deconstructionist critiques of subjectivity, master signifiers, and political foundations, contemporary philosophy has been marked by a resurgence in interest in questions of subjectivity and the political. Guided by the contention that different conceptions of the political are, at least implicitly, committed to specific conceptions of subjectivity while different conceptions of subjectivity have different political implications, this collection brings together an international selection of scholars to explore these notions and their connection. Rather than privilege one approach or conception of the subjectivity-political relationship, this volume emphasizes the nature and status of the and in the ‘subjectivity’ and ‘the political’ schema. By thinking from the place between subjectivity and the political, it is able to explore this relationship from a multitude of perspectives, directions, and thinkers to show the heterogeneity, openness, and contested nature of it. While the contributions deal with different themes or thinkers, the themes/thinkers are linked historically and/or conceptually, thereby providing coherence to the volume. Thinkers addressed include Arendt, Butler, Levinas, Agamben, Derrida, Kristeva, Adorno, Gramsci, Mill, Hegel, and Heidegger, while the subjectivity-political relation is engaged with through the mediation of the law-political, ethics-politics, theological-political, inside-outside, subject-person, and individual-institution relationships, as well as through concepts such as genius, happiness, abjection, and ugliness. The original essays in this volume will be of interest to researchers in philosophy, politics, political theory, critical theory, cultural studies, history of ideas, psychology, and sociology.

Violence and Subjectivity

Author : Veena Das
Publisher : Univ of California Press
ISBN 13 : 0520216083
Total Pages : 390 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Violence and Subjectivity by : Veena Das

Download or read book Violence and Subjectivity written by Veena Das and published by Univ of California Press. This book was released on 2000-10-02 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of original essays that address the ways in which violence manifests itself on societal and interpersonal levels, analyzing how different kinds of violence are, and are not, interpreted on the world stage. By looking at hotspots of conflict, the contributors discuss the nature of violence in an age of worldwide "crisis management."

Modernity and Subjectivity

Author : Harvie Ferguson
Publisher : University of Virginia Press
ISBN 13 : 9780813919669
Total Pages : 236 pages
Book Rating : 4.9/5 (196 download)

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Book Synopsis Modernity and Subjectivity by : Harvie Ferguson

Download or read book Modernity and Subjectivity written by Harvie Ferguson and published by University of Virginia Press. This book was released on 2000 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few concepts have come to dominate the human sciences as much as modernity, yet there is very little agreement over what the term actually means. Every aspect of contemporary human reality--modern society, modern life, modern times, modern art, modern science, modern music, the modern world--has been cited as a part of modernity's distinctive and all-embracing presence. But what is the exact nature of the reality to which the term modern refers? Has not such a promiscuous, ill-defined concept come to obscure and confuse rather than clarify a genuine understanding of our experience? Harvie Ferguson proposes a new view of modernity, arguing that, although it may variously be associated with the Renaissance, the European discovery of the New World, the Reformation, the Industrial Revolution, and many other significant ruptures with primitive or premodern society, modernity fails as an idea if it only defines itself against what it replaced. Instead, he writes, modernity finds its clearest definition through an exploration of subjectivity. For the modern world there is no higher authority than experience. No longer is the human world subordinate to a divine reality beyond the capacity of its own senses. This idea finds its greatest expression in the philosophy of doubt originated by Descartes. Doubt seemed the radical starting point from which to found a wholly modern philosophy that makes the distinction between subject and object, but those who came after Descartes soon reached the limits of self-discovery and became trapped in deepening levels of despair. This despair in turn found expression in the concepts of self and other, and eventually in a dialectic of ego and world, which distinguishes and links together the most important social, cultural, and psychological aspects of modernity. Moving beyond these dualities of subject and object, mind and body, ego and world, and replacing them with the triad of body, soul, and spirit, Ferguson redraws the map of contemporary experience, finding links with the premodern world that modernity's self-founding concealed.

The Inner Experience of Law

Author : David Granfield
Publisher :
ISBN 13 :
Total Pages : 322 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Inner Experience of Law by : David Granfield

Download or read book The Inner Experience of Law written by David Granfield and published by . This book was released on 1988 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Subjectivity

Author : Nick Mansfield
Publisher : Routledge
ISBN 13 : 1000246477
Total Pages : 232 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Subjectivity by : Nick Mansfield

Download or read book Subjectivity written by Nick Mansfield and published by Routledge. This book was released on 2020-07-25 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: What am I referring to when I say 'I'? This little word is so easy to use in daily life, yet it has become the focus of intense theoretical debate. Where does my sense of self come from? Does it arise spontaneously or is it created by the media or society? Do I really know myself? This concern with the self, with our subjectivity, is now our main point of reference in Western societies. How has it come to be so important? What are the different ways in which we can approach subjectivity? Nick Mansfield explores how our understanding of our subjectivity has developed over the past century. He looks at the work of key modern and postmodern theorists, including Freud, Foucault, Nietzsche, Lacan, Kristeva, Deleuze and Guattari, and he shows how subjectivity is central to debates in contemporary culture, including gender, sexuality, ethnicity, postmodernism and technology. I am who? No topic is more crucial to contemporary cultural theory than subjectivity, and Nick Mansfield has written what has long been lacking-a lucid, smart introduction to work in the field. Professor Simon During, University of Melbourne Effortlessly and with humour, passion and panache, Mansfield offers the reader a telling, trenchantly articulate d account of the complex enigma of the self, without resorting to reductively simple critical cliches.This book, in its graceful movements between disciplines, ideas, and areas of interest, deserves to become a benchmark for all such student introductions for some time to come. Julian Wolfreys, University of Florida Nick Mansfield is Senior Lecturer in the Department of Critical and Cultural Studies at Macquarie University. He is co-author of Cultural Studies and the New Humanities (Oxford 1997) and author of Masochism: The art of power (Praeger 1997).

Subjection and Subjectivity

Author : Diana T. Meyers
Publisher : Routledge
ISBN 13 : 1134711972
Total Pages : 220 pages
Book Rating : 4.1/5 (347 download)

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Book Synopsis Subjection and Subjectivity by : Diana T. Meyers

Download or read book Subjection and Subjectivity written by Diana T. Meyers and published by Routledge. This book was released on 2014-05-22 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diana Tietjens Meyers examines the political underpinnings of psychoanalytic feminism, analyzing the relation between the nature of the self and the structure of good societies. She argues that impartial reason--the approach to moral reflection which has dominated 20th-century Anglo-American philosophy--is inadequate for addressing real world injustices. Subjection and Subjectivity is central to feminist thought across a wide range of disciplines.

Subjectivity in Psychology in the Era of Social Justice

Author : Bethany Morris
Publisher : Routledge
ISBN 13 : 1000051048
Total Pages : 108 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Subjectivity in Psychology in the Era of Social Justice by : Bethany Morris

Download or read book Subjectivity in Psychology in the Era of Social Justice written by Bethany Morris and published by Routledge. This book was released on 2020-02-19 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of social justice permeates much of current Western political and cultural discourse with a newfound urgency. What it means to be socially just is a question Morris et al investigate and interrogate, looking at psychology’s contributions to the subject and considering the practicality of social justice in light of modern subjectivity. The book begins by examining the lack of equity and inclusivity in education and the ways in which psychology has been complicit in the margninalization of oppressed groups. Drawing upon Lacanian theory, it goes on to discuss how diversity initiatives take on an obsessive-neurotic characteristic that can stifle those it claims to understand and promote .The authors investigate the anxiety around the performance of being socially just or "woke" and suggest how psychology can contribute to the development of socially just humans, more attuned to the needs of others, through the appreciation of interconnectivity and compassion. An imperative text for scholars and students of philosophical and theoretical psychology, critical psychology, social psychology, psychoanalysis, social work, and education.

Being No One

Author : Thomas Metzinger
Publisher : MIT Press
ISBN 13 : 0262263807
Total Pages : 896 pages
Book Rating : 4.2/5 (622 download)

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Book Synopsis Being No One by : Thomas Metzinger

Download or read book Being No One written by Thomas Metzinger and published by MIT Press. This book was released on 2004-08-20 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to Thomas Metzinger, no such things as selves exist in the world: nobody ever had or was a self. All that exists are phenomenal selves, as they appear in conscious experience. The phenomenal self, however, is not a thing but an ongoing process; it is the content of a "transparent self-model." In Being No One, Metzinger, a German philosopher, draws strongly on neuroscientific research to present a representationalist and functional analysis of what a consciously experienced first-person perspective actually is. Building a bridge between the humanities and the empirical sciences of the mind, he develops new conceptual toolkits and metaphors; uses case studies of unusual states of mind such as agnosia, neglect, blindsight, and hallucinations; and offers new sets of multilevel constraints for the concept of consciousness. Metzinger's central question is: How exactly does strong, consciously experienced subjectivity emerge out of objective events in the natural world? His epistemic goal is to determine whether conscious experience, in particular the experience of being someone that results from the emergence of a phenomenal self, can be analyzed on subpersonal levels of description. He also asks if and how our Cartesian intuitions that subjective experiences as such can never be reductively explained are themselves ultimately rooted in the deeper representational structure of our conscious minds.