The Subject of Human Rights

The Subject of Human Rights
Author: Danielle Celermajer
Publisher: Stanford University Press
Total Pages: 430
Release: 2020-09-22
Genre: Political Science
ISBN: 1503613720

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.

Posthuman Legal Subjectivity

Posthuman Legal Subjectivity
Author: Jana Norman
Publisher: Routledge
Total Pages: 195
Release: 2021-08-12
Genre: Law
ISBN: 1000424847

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.

Subjectivity, Citizenship and Belonging in Law

Subjectivity, Citizenship and Belonging in Law
Author: Anne Griffiths
Publisher: Taylor & Francis
Total Pages: 286
Release: 2016-10-04
Genre: Law
ISBN: 131730814X

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.

Autonomy, Freedom and Rights

Autonomy, Freedom and Rights
Author: Emilio Santoro
Publisher: Springer Science & Business Media
Total Pages: 306
Release: 2013-03-09
Genre: Philosophy
ISBN: 9401708231

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'.

Human Rights and Subjectivity

Human Rights and Subjectivity
Author: Elisabeth Roy-Trudel
Publisher: Taylor & Francis
Total Pages: 267
Release: 2024-11-14
Genre: Law
ISBN: 1040186718

This book draws on a range of theoretical frameworks to challenge the limited conception of subjectivity upon which human rights are based. The book focuses on some of the ways in which dominant discourses are in tension with human rights’ fundamental claim to universality by ignoring multiple ways of being. Different theoretical and methodological approaches are used to analyse this creation of exclusions. These include Hannah Arendt’s figure of the refugee, posthumanist critiques and non-Western critical theories such as Black, Indigenous and decolonial approaches. Often these approaches are used in isolation, but together they reveal how the dominant concept of subjectivity has always needed an ‘Other’ and that the ‘human’ at the heart of human rights is not a universal concept. The book also pursues an analysis of visual discourses in the field of international human rights, with a focus on the ways in which exclusions are represented and entrenched through the visual. It argues that international human rights are based on a vision-centred sensorium and certain processes of reasoning that exclude emotions. Finally, the book considers how international human rights could embrace other forms of thinking and being in the world and recognize different sensory experiences. This original perspective on the limits of human rights will appeal to legal theorists, socio-legal scholars, and others working in politics, sociology, anthropology and cultural studies with an interest in contemporary approaches to social justice and critical approaches.

Choice and Consent

Choice and Consent
Author: Rosemary Hunter
Publisher: Routledge
Total Pages: 192
Release: 2007-12-04
Genre: Law
ISBN: 1135331197

This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.

Common Law Judging

Common Law Judging
Author: Douglas E. Edlin
Publisher: University of Michigan Press
Total Pages: 281
Release: 2016-07-29
Genre: Law
ISBN: 0472130021

Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity

Modernity and Subjectivity

Modernity and Subjectivity
Author: Harvie Ferguson
Publisher: University of Virginia Press
Total Pages: 236
Release: 2000
Genre: Philosophy
ISBN: 9780813919669

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.

Excessive Subjectivity

Excessive Subjectivity
Author: Dominik Finkelde
Publisher: Columbia University Press
Total Pages: 387
Release: 2017-09-05
Genre: Philosophy
ISBN: 0231545770

How are we to conceive of acts that suddenly expose the injustice of the prevailing order? These acts challenge long-standing hidden or silently tolerated injustices, but as they are unsupported by existing ethical rules they pose a drastic challenge to dominant norms. In Excessive Subjectivity, Dominik Finkelde rereads the tradition of German idealism and finds in it the potential for transformative acts that are capable of revolutionizing the social order. Finkelde's discussion of the meaning and structure of the ethical act meticulously engages thinkers typically treated as opposed—Kant, Hegel, and Lacan—to develop the concept of excessive subjectivity, which is characterized by nonconformist acts that reshape the contours of ethical life. For Kant, the subject is defined by the ethical acts she performs. Hegel interprets Kant's categorical imperative as the ability of an individual's conscience to exceed the existing state of affairs. Lacan emphasizes the transgressive force of unconscious desire on the ethical agent. Through these thinkers Finkelde develops a radical ethics for contemporary times. Integrating perspectives from both analytical and continental philosophy, Excessive Subjectivity is a distinctive contribution to our understanding of the ethical subject.

Beyond Human Rights

Beyond Human Rights
Author: Anne Peters
Publisher: Cambridge University Press
Total Pages: 645
Release: 2016-10-27
Genre: Law
ISBN: 1107164303

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.