Human Rights Law and Personal Identity

Human Rights Law and Personal Identity
Author: Jill Marshall
Publisher: Routledge
Total Pages: 337
Release: 2014-06-20
Genre: Law
ISBN: 1134443331

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.

Identities, Politics, and Rights

Identities, Politics, and Rights
Author: Austin Sarat
Publisher: University of Michigan Press
Total Pages: 452
Release: 1997-10-08
Genre: Law
ISBN: 9780472084739

A reevaluation of how rights liberate and constrain human behavior

Legalizing Identities

Legalizing Identities
Author: Jan Hoffman French
Publisher: Univ of North Carolina Press
Total Pages: 273
Release: 2009
Genre: Social Science
ISBN: 0807832928

Anthropologists widely agree that identities_even ethnic and racial ones_are socially constructed. Less understood are the processes by which social identities are conceived and developed. Legalizing Identities shows how law can successfully serve

Social Identity and the Law

Social Identity and the Law
Author: Barbara L. Graham
Publisher: Routledge
Total Pages: 506
Release: 2018-10-11
Genre: Political Science
ISBN: 1351067095

Social Identity and the Law: Race, Sexuality and Intersectionality is an important resource for inquiry into the relationship between law and social identity in the contexts of race, sexuality and intersectionality in the United States. The book provides a systematic legal treatment of selected historical and contemporary civil rights and social justice issues in areas affecting African Americans, Latinos/as, Asian Americans and LGBTQ persons from a law and politics perspective. It covers topics such as the legal and social construction of social identity, slavery and the rise of Jim Crow, discrimination based on national origin and citizenship, educational equity, voting rights, workplace discrimination, discrimination in private and public spaces, regulation of intimate relationships, marriage and reproductive justice, and criminal justice. Lecturers will benefit from: Fifty-seven excerpted cases accompanied with engaging questions presented at the beginning of each case to stimulate class discussion. An eResource including 129 supplemental case excerpts and case briefs for all excerpted cases appearing in the book. Suggested reading lists at the end of each chapter recommending key articles and books to help students survey the academic literature on the topics. With a logical chapter structure and accessible writing style, this textbook is an essential companion for use on undergraduate courses on American constitutional law, civil liberties and civil rights, social justice, and race and law.

Rights of Inclusion

Rights of Inclusion
Author: David M. Engel
Publisher: University of Chicago Press
Total Pages: 287
Release: 2003-06-15
Genre: Biography & Autobiography
ISBN: 0226208338

Examines how civil rights legislation impacts the lives of ordinary Americans, drawing on the experiences of sixty interviewees that have been victims of discrimination to discuss how civil rights impacted their lives.

Identity, Personhood and the Law

Identity, Personhood and the Law
Author: Charles Foster
Publisher: Springer
Total Pages: 77
Release: 2017-03-14
Genre: Law
ISBN: 3319534599

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.

Legalized Identities

Legalized Identities
Author: Lucas Lixinski
Publisher: Cambridge University Press
Total Pages: 251
Release: 2021-04-08
Genre: Law
ISBN: 1108488153

Reimagines the fields of transitional justice and cultural heritage, showing how law shapes cultural identities in unanticipated yet powerful ways.

Collective Identity, Oppression, and the Right to Self-ascription

Collective Identity, Oppression, and the Right to Self-ascription
Author: Andrew J. Pierce
Publisher: Lexington Books
Total Pages: 144
Release: 2012
Genre: Philosophy
ISBN: 0739171909

Collective Identity, Oppression, and the Right to Self-Ascription argues that groups have an irreducibly collective right to determine the meaning of their shared group identity, and that such a right is especially important for historically oppressed groups. The author specifies this right by way of a modified discourse ethic, demonstrating that it can provide the foundation for a conception of identity politics that avoids many of its usual pitfalls. The focus throughout is on racial identity, which provides a test case for the theory. That is, it investigates what it would mean for racial identities to be self-ascribed rather than imposed, establishing the possible role racial identity might play in a just society. The book thus makes a unique contribution to both the field of critical theory, which has been woefully silent on issues of race, and to race theory, which often either presumes that a just society would be a raceless society, or focuses primarily on understanding existing racial inequalities, in the manner typical of so-called "non-ideal theory."

Law and Identity in Mandate Palestine

Law and Identity in Mandate Palestine
Author: Assaf Likhovski
Publisher: Univ of North Carolina Press
Total Pages: 327
Release: 2006
Genre: Law
ISBN: 0807830178

One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confront