Identity Personhood And The Law

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Identity, Personhood and the Law

Author : Charles Foster
Publisher : Springer
ISBN 13 : 3319534599
Total Pages : 77 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Identity, Personhood and the Law by : Charles Foster

Download or read book Identity, Personhood and the Law written by Charles Foster and published by Springer. This book was released on 2017-03-14 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Personal Identity in Moral and Legal Reasoning

Author : Richard Prust
Publisher : Vernon Press
ISBN 13 : 1622737474
Total Pages : 131 pages
Book Rating : 4.6/5 (227 download)

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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 131 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.

Subjectivity, Citizenship and Belonging in Law

Author : Anne Griffiths
Publisher : Taylor & Francis
ISBN 13 : 131730814X
Total Pages : 286 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 286 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.

Constructing the Person in EU Law

Author : Loïc Azoulai
Publisher : Bloomsbury Publishing
ISBN 13 : 178225935X
Total Pages : 339 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Constructing the Person in EU Law by : Loïc Azoulai

Download or read book Constructing the Person in EU Law written by Loïc Azoulai and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection looks at the mechanisms used when 'constructing the person' in EU law. It goes beyond traditional literature on 'Europe and the Individual', exploring the question of personhood through critical and contextual perspectives. Constructing the Person in EU Law: Rights, Roles, Identities brings together contributions and debates from experts around Europe to this key question.

Locke on Persons and Personal Identity

Author : Ruth Boeker
Publisher : Oxford University Press, USA
ISBN 13 : 0198846754
Total Pages : 326 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Locke on Persons and Personal Identity by : Ruth Boeker

Download or read book Locke on Persons and Personal Identity written by Ruth Boeker and published by Oxford University Press, USA. This book was released on 2021-03 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Personal Freedom Through Human Rights Law?

Author : Jill Marshall
Publisher : BRILL
ISBN 13 : 9004170596
Total Pages : 245 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Personal Freedom Through Human Rights Law? by : Jill Marshall

Download or read book Personal Freedom Through Human Rights Law? written by Jill Marshall and published by BRILL. This book was released on 2009 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.

Theory of Legal Personhood

Author : Visa A. J. Kurki
Publisher : Oxford University Press
ISBN 13 : 0198844034
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Theory of Legal Personhood by : Visa A. J. Kurki

Download or read book Theory of Legal Personhood written by Visa A. J. Kurki and published by Oxford University Press. This book was released on 2019 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."

Identities, Politics, and Rights

Author : Austin Sarat
Publisher : University of Michigan Press
ISBN 13 : 9780472084739
Total Pages : 452 pages
Book Rating : 4.0/5 (847 download)

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Book Synopsis Identities, Politics, and Rights by : Austin Sarat

Download or read book Identities, Politics, and Rights written by Austin Sarat and published by University of Michigan Press. This book was released on 1997-10-08 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reevaluation of how rights liberate and constrain human behavior

Notes from the Field

Author : Anna Deavere Smith
Publisher : Anchor
ISBN 13 : 0525564608
Total Pages : 194 pages
Book Rating : 4.5/5 (255 download)

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Book Synopsis Notes from the Field by : Anna Deavere Smith

Download or read book Notes from the Field written by Anna Deavere Smith and published by Anchor. This book was released on 2019-05-21 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Smith’s powerful style of living journalism uses the collective, cathartic nature of the theater to move us from despair toward hope.” —The Village Voice Anna Deavere Smith’s extraordinary form of documentary theater shines a light on injustices by portraying the real-life people who have experienced them. "One of her most ambitious and powerful works on how matters of race continue to divide and enslave the nation” (Variety). Smith renders a host of figures who have lived and fought the system that pushes students of color out of the classroom and into prisons. (As Smith has put it: “Rich kids get mischief, poor kids get pathologized and incarcerated.”) Using people’s own words, culled from interviews and speeches, Smith depicts Rev. Jamal Harrison Bryant, who eulogized Freddie Gray; Niya Kenny, a high school student who confronted a violent police deputy; activist Bree Newsome, who took the Confederate flag down from the South Carolina State House grounds; and many others. Their voices bear powerful witness to a great iniquity of our time—and call us to action with their accounts of resistance and hope.

The Oxford Handbook of Law and Humanities

Author : Simon Stern
Publisher :
ISBN 13 : 0190695625
Total Pages : 921 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Law and Humanities by : Simon Stern

Download or read book The Oxford Handbook of Law and Humanities written by Simon Stern and published by . This book was released on 2020 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: How might law matter to the humanities? How might the humanities matter to law? In its approach to both of these questions, The Oxford Handbook of Law and Humanities shows how rich a resource the law is for humanistic study, as well as how and why the humanities are vital for understanding law. Tackling questions of method, key themes and concepts, and a variety of genres and areas of the law, this collection of essays by leading scholars from a variety of disciplines illuminates new questions and articulates an exciting new agenda for scholarship in law and humanities.

The Ethics of Identity

Author : Kwame Anthony Appiah
Publisher : Princeton University Press
ISBN 13 : 069125477X
Total Pages : 392 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Ethics of Identity by : Kwame Anthony Appiah

Download or read book The Ethics of Identity written by Kwame Anthony Appiah and published by Princeton University Press. This book was released on 2023-10-03 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold vision of liberal humanism for navigating today’s complex world of growing identity politics and rising nationalism Collective identities such as race, nationality, religion, gender, and sexuality clamor for recognition and respect, sometimes at the expense of other things we value. To what extent do they constrain our freedom, and to what extent do they enable our individuality? Is diversity of value in itself? Has the rhetoric of human rights been overstretched? Kwame Anthony Appiah draws on thinkers through the ages and across the globe to explore such questions, developing an account of ethics that connects moral obligations with collective allegiances and that takes aim at clichés and received ideas about identity. This classic book takes seriously both the claims of individuality—the task of making a life—and the claims of identity, these large and often abstract social categories through which we define ourselves.

The Law Is a White Dog - How Legal Rituals Make and Unmake Persons

Author : Colin Dayan
Publisher : Princeton University Press
ISBN 13 : 0691157871
Total Pages : 364 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis The Law Is a White Dog - How Legal Rituals Make and Unmake Persons by : Colin Dayan

Download or read book The Law Is a White Dog - How Legal Rituals Make and Unmake Persons written by Colin Dayan and published by Princeton University Press. This book was released on 2013-03-03 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fascinating account of how the law determines or dismantles identity and personhood Abused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed by the state—all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives. Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo. Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.

African Humanity

Author : Abimbola Asojo
Publisher :
ISBN 13 : 9781531017569
Total Pages : 552 pages
Book Rating : 4.0/5 (175 download)

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Book Synopsis African Humanity by : Abimbola Asojo

Download or read book African Humanity written by Abimbola Asojo and published by . This book was released on 2021 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: "African Humanity: Creativity, Identity and Personhood is a collection of thought-provoking essays from scholars around the world on topics that inform new ways of thinking while engaging critical perspectives about Africa and the African Diaspora. The essays focus on the discourse of creativity, culture, identity and well-being from multiple fields such as design, art, gender studies, education, health and museum studies in pre-colonial, colonial and post-colonial Africa and the African Diaspora. This multidisciplinary group of global scholars offer a critical dialogue on topics such as the creative process in Africa and the African Diaspora; gender and creative space; histories of creativity and inventions; globalized modernity and its consequence on cultural performances; politics of creativity; creativity, performance and Nollywood; social, political, and economic ramifications of creativity and design; ethical issues in creativity; and sustainability, well-being and the environment. The book's goal is to offer a comparative critical dialogue for a multidisciplinary academic audience, artists, grassroots activists, diverse communities and interested members of the general public. It has five distinct sections: Gender, Education, and Language; Design and Art in Africa and Its Diaspora; Creativity, Performance and Nollywood; Identity and Institutions of Politics and Living; and Sustainability, Health and the Environment. This book is part of the African World Series, edited by Toyin Falola, Jacob and Frances Sanger Mossiker Chair in the Humanities, University of Texas at Austin"--

The Right of Publicity

Author : Jennifer Rothman
Publisher : Harvard University Press
ISBN 13 : 0674986350
Total Pages : 170 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Right of Publicity by : Jennifer Rothman

Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

More Kinds of Being

Author : E. J. Lowe
Publisher : John Wiley & Sons
ISBN 13 : 1118963865
Total Pages : 240 pages
Book Rating : 4.1/5 (189 download)

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Book Synopsis More Kinds of Being by : E. J. Lowe

Download or read book More Kinds of Being written by E. J. Lowe and published by John Wiley & Sons. This book was released on 2015-02-23 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking into account significant developments in the metaphysical thinking of E. J. Lowe over the past 20 years, More Kinds of Being: A Further Study of Individuation, Identity, and the Logic of Sortal Terms presents a thorough reworking and expansion of the 1989 edition of Kinds of Being. Brings many of the original ideas and arguments put forth in Kinds of Being thoroughly up to date in light of new developments Features a thorough reworking and expansion of the earlier work, rather than just a new edition Reflects the author's conversion to what he calls 'the four-category ontology,' a metaphysical system that takes its inspiration from Aristotle Provides a unified discussion of individuation and identity that should prove to be essential reading for philosophers working in metaphysics.

The Philosophy of Law Meets the Philosophy of Technology

Author : Mireille Hildebrandt
Publisher : Routledge
ISBN 13 : 1136807675
Total Pages : 249 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis The Philosophy of Law Meets the Philosophy of Technology by : Mireille Hildebrandt

Download or read book The Philosophy of Law Meets the Philosophy of Technology written by Mireille Hildebrandt and published by Routledge. This book was released on 2011-08-26 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, Human Agency and Autonomic Computing interrogates the legal implications of the notion and experience of human agency implied by the emerging paradigm of autonomic computing, and the socio-technical infrastructures it supports. The development of autonomic computing and ambient intelligence – self-governing systems – challenge traditional philosophical conceptions of human self-constitution and agency, with significant consequences for the theory and practice of constitutional self-government. Ideas of identity, subjectivity, agency, personhood, intentionality, and embodiment are all central to the functioning of modern legal systems. But once artificial entities become more autonomic, and less dependent on deliberate human intervention, criteria like agency, intentionality and self-determination, become too fragile to serve as defining criteria for human subjectivity, personality or identity, and for characterizing the processes through which individual citizens become moral and legal subjects. Are autonomic – yet artificial – systems shrinking the distance between (acting) subjects and (acted upon) objects? How ‘distinctively human’ will agency be in a world of autonomic computing? Or, alternatively, does autonomic computing merely disclose that we were never, in this sense, ‘human’ anyway? A dialogue between philosophers of technology and philosophers of law, this book addresses these questions, as it takes up the unprecedented opportunity that autonomic computing and ambient intelligence offer for a reassessment of the most basic concepts of law.

Persons and Personal Identity

Author : Amy Kind
Publisher : John Wiley & Sons
ISBN 13 : 1509500243
Total Pages : 118 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Persons and Personal Identity by : Amy Kind

Download or read book Persons and Personal Identity written by Amy Kind and published by John Wiley & Sons. This book was released on 2015-10-02 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.