The Right To Legal Personhood Of Marginalised Groups

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The Right to Legal Personhood of Marginalised Groups

Author : Anna Arstein-Kerslake
Publisher : Oxford University Press
ISBN 13 : 0192657747
Total Pages : 160 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Right to Legal Personhood of Marginalised Groups by : Anna Arstein-Kerslake

Download or read book The Right to Legal Personhood of Marginalised Groups written by Anna Arstein-Kerslake and published by Oxford University Press. This book was released on 2024-08-22 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal personhood is required for voting, marrying, inheriting, contracting, consenting, and other critical social acts that can be predicates to power and privilege. The Right to Legal Personhood of Marginalised Groups addresses personhood and legal capacity as human rights issues, in particular as they relate to disabled people, migrant groups, indigenous peoples, racial minorities, women, and gender minorities. The concepts of personhood, legal capacity, and agency have conflicting definitions in the literature, and there is a lack of clarity regarding their application. Dr. Anna Arstein-Kerslake brings her expertise as a renowned thinker in the areas of human rights, disability rights, gender justice, and legal personhood to this discussion. She provides clarity on personhood and legal capacity by developing definitions of these concepts based on the articulation of the right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. She then applies these definitions to the situations of various minority groups. The Right to Legal Personhood of Marginalised Groups has the potential to significantly enrich the understanding of how and why marginalised groups are denied equality. It goes beyond the traditional analysis of discrimination and equal protection of the law and explores a new social justice imperative: equal recognition before the law.

The Right to Legal Personhood of Marginalised Groups

Author : Professor of Human Rights Irish Centre for Human Rights School of Law Anna Arstein-Kerslake
Publisher :
ISBN 13 : 9780192843944
Total Pages : 0 pages
Book Rating : 4.8/5 (439 download)

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Book Synopsis The Right to Legal Personhood of Marginalised Groups by : Professor of Human Rights Irish Centre for Human Rights School of Law Anna Arstein-Kerslake

Download or read book The Right to Legal Personhood of Marginalised Groups written by Professor of Human Rights Irish Centre for Human Rights School of Law Anna Arstein-Kerslake and published by . This book was released on 2024-11-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that equal recognition before the law is the key to achieving social equality for marginalised groups. It examines how the law denies equal recognition to members of marginalised groups through denials of their legal personhood and legal agency and how we can use human rights law to address these wrongs.

Marginalized Communities and Access to Justice

Author : Yash P. Ghai
Publisher : Routledge Cavendish
ISBN 13 : 9780415589635
Total Pages : 0 pages
Book Rating : 4.5/5 (896 download)

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Book Synopsis Marginalized Communities and Access to Justice by : Yash P. Ghai

Download or read book Marginalized Communities and Access to Justice written by Yash P. Ghai and published by Routledge Cavendish. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Marginalized Communities and Access to Justice is a comparative study of the imperatives and constraints of access for a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As an aspect of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. These studies - by internationally renowned scholars and practitioners - examine the role of courts and similar bodies in administering the laws that relate to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed into issues of the will to enforce, the law this book thus explores fundamental questions about the value of engagement with the formal legal system for marginalized communities." --Book Jacket.

Legal Capacity & Gender

Author : Anna Arstein-Kerslake
Publisher : Springer Nature
ISBN 13 : 3030634930
Total Pages : 165 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Legal Capacity & Gender by : Anna Arstein-Kerslake

Download or read book Legal Capacity & Gender written by Anna Arstein-Kerslake and published by Springer Nature. This book was released on 2021-01-25 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.

Social Ontology, Normativity and Law

Author : Miguel Garcia-Godinez
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110663619
Total Pages : 247 pages
Book Rating : 4.1/5 (16 download)

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Book Synopsis Social Ontology, Normativity and Law by : Miguel Garcia-Godinez

Download or read book Social Ontology, Normativity and Law written by Miguel Garcia-Godinez and published by Walter de Gruyter GmbH & Co KG. This book was released on 2020-07-06 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the proceedings of the Social Ontology, Normativity, and Philosophy of Law conference, which took place on May 30–31, 2019 at the University of Glasgow. At the invitation of the Social Ontology Research Group, a panel of prominent scholars shed light on normativity from the perspective of social ontology and the philosophy of law.

Global Perspectives on Legal Capacity Reform

Author : Eilionóir Flynn
Publisher : Routledge
ISBN 13 : 1351579703
Total Pages : 290 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Global Perspectives on Legal Capacity Reform by : Eilionóir Flynn

Download or read book Global Perspectives on Legal Capacity Reform written by Eilionóir Flynn and published by Routledge. This book was released on 2018-07-20 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.

Ending Discrimination Against People with Mental and Substance Use Disorders

Author : National Academies of Sciences, Engineering, and Medicine
Publisher : National Academies Press
ISBN 13 : 0309439124
Total Pages : 171 pages
Book Rating : 4.3/5 (94 download)

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Book Synopsis Ending Discrimination Against People with Mental and Substance Use Disorders by : National Academies of Sciences, Engineering, and Medicine

Download or read book Ending Discrimination Against People with Mental and Substance Use Disorders written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2016-09-03 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.

Legal Personhood: Animals, Artificial Intelligence and the Unborn

Author : Visa A.J. Kurki
Publisher : Springer
ISBN 13 : 3319534629
Total Pages : 159 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Legal Personhood: Animals, Artificial Intelligence and the Unborn by : Visa A.J. Kurki

Download or read book Legal Personhood: Animals, Artificial Intelligence and the Unborn written by Visa A.J. Kurki and published by Springer. This book was released on 2017-03-23 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.

You Don't Look Like a Lawyer

Author : Tsedale M. Melaku
Publisher : Rowman & Littlefield
ISBN 13 : 1538107937
Total Pages : 205 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis You Don't Look Like a Lawyer by : Tsedale M. Melaku

Download or read book You Don't Look Like a Lawyer written by Tsedale M. Melaku and published by Rowman & Littlefield. This book was released on 2019-04-18 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: You Don't Look Like a Lawyer: Black Women and Systemic Gendered Racism highlights how race and gender create barriers to recruitment, professional development, and advancement to partnership for black women in elite corporate law firms. Utilizing narratives of black female lawyers, this book offers a blend of accessible theory to benefit any reader willing to learn about the underlying challenges that lead to their high attrition rates. Drawing from narratives of black female lawyers, their experiences center around gendered racism and are embedded within institutional practices at the hands of predominantly white men. In particular, the book covers topics such as appearance, white narratives of affirmative action, differences and similarities with white women and black men, exclusion from social and professional networking opportunities and lack of mentors, sponsors and substantive training. This book highlights the often-hidden mechanisms elite law firms utilize to perpetuate and maintain a dominant white male system. Weaving the narratives with a critical race analysis and accessible writing, the reader is exposed to this exclusive elite environment, demonstrating the rawness and reality of black women’s experiences in white spaces. Finally, we get to hear the voices of black female lawyers as they tell their stories and perspectives on working in a highly competitive, racialized and gendered environment, and the impact it has on their advancement and beyond.

Traditional Communities in Indonesia

Author : Lilis Mulyani
Publisher : Taylor & Francis
ISBN 13 : 1000642402
Total Pages : 158 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Traditional Communities in Indonesia by : Lilis Mulyani

Download or read book Traditional Communities in Indonesia written by Lilis Mulyani and published by Taylor & Francis. This book was released on 2022-08-26 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ambiguous legal status of traditional–adat–communities in Indonesia and their informal, traditional rights to communal–ulayat–land. It discusses the lack of recognition of adat communities and their legal rights in the Indonesian constitution, surveys legal consideration of informal legal rights both in Indonesia and elsewhere, and examines how thinking about these issues has evolved over time in Indonesia. It provides an in-depth study of the ways that government policies on adat communities are developed, changed and implemented, and how different actors give meaning to these policies, particularly government bodies with authority to manage land and forests, which exercise discretion as to the operational implementation of ideas about adat groups as legal persons and ulayat land rights as land title, thus enabling their exploitation by government and business. The book highlights how these issues are becoming more pressing as problems relating to legal personhood and rights to traditional customary land are increasingly giving rise to violent conflict, dispossession and marginalisation. It also demonstrates how adat communities can take action, and are doing so, to protect their legal positions.

The Right to Housing

Author : Jessie Hohmann
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250999
Total Pages : 286 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Right to Housing by : Jessie Hohmann

Download or read book The Right to Housing written by Jessie Hohmann and published by Bloomsbury Publishing. This book was released on 2013-03-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.

Communities in Action

Author : National Academies of Sciences, Engineering, and Medicine
Publisher : National Academies Press
ISBN 13 : 0309452961
Total Pages : 583 pages
Book Rating : 4.3/5 (94 download)

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Book Synopsis Communities in Action by : National Academies of Sciences, Engineering, and Medicine

Download or read book Communities in Action written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-04-27 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Disability Human Rights Law 2018

Author : Anna Arstein-Kerslake (Ed.)
Publisher : MDPI
ISBN 13 : 3038972509
Total Pages : 241 pages
Book Rating : 4.0/5 (389 download)

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Book Synopsis Disability Human Rights Law 2018 by : Anna Arstein-Kerslake (Ed.)

Download or read book Disability Human Rights Law 2018 written by Anna Arstein-Kerslake (Ed.) and published by MDPI. This book was released on 2018-11-14 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws

The Right to Inclusive Education in International Human Rights Law

Author : Gauthier de Beco
Publisher : Cambridge University Press
ISBN 13 : 110859784X
Total Pages : 733 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The Right to Inclusive Education in International Human Rights Law by : Gauthier de Beco

Download or read book The Right to Inclusive Education in International Human Rights Law written by Gauthier de Beco and published by Cambridge University Press. This book was released on 2019-05-02 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: Education is a fundamental human right that is recognised as essential for the attainment of all civil, political, economic, social and cultural rights. It was not until 2006, on the adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD), that the right to inclusive education was codified. This volume fills a major gap in the literature on the right of disabled people to education. It examines the theoretical foundations and core content of the right to inclusive education in international human rights law, and explores the various ways of implementing this right through an exploration of legal strategies and mechanisms. With contributions by leaders in the field, this volume advances scholarship on the core content of the right to inclusive education by examining the content and practice of the right at the national, regional and international levels.

The Future of Post-Human Law

Author : Peter Baofu
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443820113
Total Pages : 474 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis The Future of Post-Human Law by : Peter Baofu

Download or read book The Future of Post-Human Law written by Peter Baofu and published by Cambridge Scholars Publishing. This book was released on 2010-02-19 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes the rule of law so special that it is to conscientiously punish the “bad” doers and reward the “good” ones—such that, where there is the rule of law, peace and order are to be expected, so that “the rule of law is better than the rule of any individual”? Take the case of international law, as an illustration. While different international courts have been busy going after the killers of innocent victims in Rwanda and Liberia, they have turned a blind eye to the major powers which have killed—on a much larger and more brutal scale, by comparison—innocent civilians in Iraq and Afghanistan, just to cite two current examples. Contrary to the conventional wisdom conveniently held by many in human history, the rule of law has its other side which has not yet been systematically understood, such that the rule of law is neither possible nor desirable to the extent that the defenders of legal institutions in human history would like us to believe. Lest any misunderstanding hastily occur, this is not to imply that the rule of law is absolutely useless, or that the literature in jurisprudence (and other related fields like political philosophy, ethics, law and economics, and the sociology of law) should be dismissed because of its scholarly irrelevance. Of course, neither of these two extreme views is reasonable either. Instead, this book provides an alternative (better) way to understand the nature of law, in relation to its necessity and contingency in the context of justice—while learning from different approaches in the literature but without favoring any one of them (nor integrating them, since they are not necessarily compatible with each other). In the process, this book offers a new theory to transcend the existing approaches in the literature in a new direction—in that, in the end, there is no justice without injustice and that it will be transcended too. This seminal project, if successful, will fundamentally change the way that we think about the nature of law, from the combined perspectives of the mind, nature, society, and culture, with enormous implications for the human future and what I originally called its “post-human” fate.

Personhood and Health Care

Author : David C. Thomasma
Publisher : Springer Science & Business Media
ISBN 13 : 9401725721
Total Pages : 441 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Personhood and Health Care by : David C. Thomasma

Download or read book Personhood and Health Care written by David C. Thomasma and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: PERSONHOOD AND HEALTH CARE This book arose as a result of a pre-conference devoted to the topic held June 28, 1999 in Paris, France. The pre-conference preceded the Annual Congress of the International Academy ofLaw and Mental Health. Other chapters were solicited after the conference in order to more completely explore the relation of personhood to health care. The pre conference was held in honor of Yves Pelicier who led so many of our French colleagues in medicine, philosophy, and ethics as Christian Herve notes in his Tribute. As health care is aimed at healing persons, it is important to realize how difficult it is to construct a theory of personhood for health care, and thus, a theory of how healing in health care comes about or ought to occur. The book is divided into four parts, Concepts of the Person, Theories of Personhood in Relation to Health Care and Bioethics, Person and Identity, and Personhood and Hs Relations. Each section explores a critical arena in constructing the relation of personhood to health care. Although no exploration ofthis nature can be exhaustive, every effort was made to present both conflicting and complementary views of personhood from within similar and different philosophical and religious traditions. PART ONE: CONCEPTS OF THE PERSON Tracing the origins of the concept of person from antiquity through present day, Jean Delemeau provides an historical sketch of the development of a wide range of meanings.