Personal Autonomy In Plural Societies

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Personal Autonomy In Plural Societies

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Author : Marie-Claire Foblets
language : en
Publisher: Routledge
Release Date : 2017-11-22

Personal Autonomy In Plural Societies written by Marie-Claire Foblets and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-22 with Law categories.

This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person’s freedom to renounce what others view as his or her fundamental ‘human rights’? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual’s acts. Second, in a society characterized by ‘weak pluralism’, the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called ‘guardian function’ of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning.

The Individual In International Law

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Author : Anne Peters
language : en
Publisher: Oxford University Press
Release Date : 2024-02-28

The Individual In International Law written by Anne Peters and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-28 with Law categories.

Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Reconciling Indigenous Peoples Individual And Collective Rights

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Author : Jessika Eichler
language : en
Publisher: Routledge
Release Date : 2019-05-09

Reconciling Indigenous Peoples Individual And Collective Rights written by Jessika Eichler and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-09 with Business & Economics categories.

This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups ‘in between’, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples’ right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.

The Oxford Handbook Of Law And Anthropology

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Author : Marie-Claire Foblets
language : en
Publisher: Oxford University Press
Release Date : 2022-04-01

The Oxford Handbook Of Law And Anthropology written by Marie-Claire Foblets and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-01 with Law categories.

The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

Religion Pluralism And Reconciling Difference

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Author : W. Cole Durham, Jr.
language : en
Publisher: Routledge
Release Date : 2018-11-22

Religion Pluralism And Reconciling Difference written by W. Cole Durham, Jr. and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-22 with Law categories.

We live in an increasingly pluralized world. This sociological reality has become the irreversible destiny of humankind. Even once religiously homogeneous societies are becoming increasingly diverse. Religious freedom is modernity’s most profound if sometimes forgotten answer to the resulting social pressures, but the tide of pluralization threatens to overwhelm that freedom’s stabilizing force. Religion, Pluralism, and Reconciling Difference is aimed at exploring differing ways of grappling with the resulting tensions, and then asking, will the tensions ultimately yield poisonous polarization that erodes all hope of meaningful community? Or can the tradition and the institutions protecting freedom of religion or belief be developed and applied in ways that (still) foster productive interactions, stability, and peace? This volume brings together vital and thoughtful contributions treating aspects of these mounting worldwide tensions concerning the relationship between religious diversity and social harmony. The first section explores controversies surrounding religious pluralism from different starting points, including religious, political, and legal standpoints. The second section examines different geographical perspectives on pluralism. Experts from North and South America, Europe, Africa, and the Middle East address these issues and suggest not only how social institutions can reduce tensions, but also how religious pluralism itself can bolster needed civil society.

Plural Societies

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Author :
language : en
Publisher:
Release Date : 1992

Plural Societies written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Cultural pluralism categories.

Decolonizing Universalism

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Author : Serene J. Khader
language : en
Publisher:
Release Date : 2019

Decolonizing Universalism written by Serene J. Khader and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Philosophy categories.

Decolonizing Universalism argues that feminism can respect cultural and religious differences and acknowledge the legacy of imperialism without surrendering its core ethical commitments. Transcending relativism/ universalism debates that reduce feminism to a Western notion, Serene J. Khader proposes a feminist vision that is sensitive to postcolonial and antiracist concerns. Khader criticizes the false universalism of what she calls 'Enlightenment liberalism, ' a worldview according to which the West is the one true exemplar of gender justice and moral progress is best achieved through economic independence and the abandonment of tradition. She argues that anti-imperialist feminists must rediscover the normative core of feminism and rethink the role of moral ideals in transnational feminist praxis. What emerges is a nonideal universalism that rejects missionary feminisms that treat Western intervention and the spread of Enlightenment liberalism as the path to global gender injustice. The book draws on evidence from transnational women's movements and development practice in addition to arguments from political philosophy and postcolonial and decolonial theory, offering a rich moral vision for twenty-first century feminism.

The Asian Yearbook Of Human Rights And Humanitarian Law

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Author : Javaid Rehman
language : en
Publisher: BRILL
Release Date : 2022-09-19

The Asian Yearbook Of Human Rights And Humanitarian Law written by Javaid Rehman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-19 with Law categories.

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 6 is Essays in Honour of Professor Shaheen Sardar Ali.

Research Handbook On Multiculturalism

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Author : Geoffrey Brahm Levey
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-03-12

Research Handbook On Multiculturalism written by Geoffrey Brahm Levey and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-12 with Political Science categories.

This Research Handbook presents a comprehensive assessment of multiculturalism in political theory and practice from an international perspective. Geoffrey Brahm Levey brings together 30 leading experts from around the world to assess the current state of the field, charting lines of inquiry for further research.

Relevance Of Duties In The Contemporary World

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Author : Raman Mittal
language : en
Publisher: Springer Nature
Release Date : 2023-01-01

Relevance Of Duties In The Contemporary World written by Raman Mittal and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-01 with Philosophy categories.

This book reflects on the significance of duties in creating an egalitarian society by collating and contextualizing the relevant literature. It particularly focuses on an appreciation of Gandhi’s views on duty to showcase how they remain pertinent to create a cohesive, responsible and value-based society in the present right-dominated world. A viable solution to the current real world problems could be found in exploring the philosophy on duties and the book provides relevant literature in this regard. It undertakes jurisprudential analysis of duty in a rights-dominated world, identifying the gaps in realising the potential of duty to address the critical issues of the present times. It argues that enforcement of rights depends heavily on the observance of duties and proposes coherence in right-duty relationship. Gandhian thought on duty recognises duty as a precursor to rights and emphasises that the observance of duties guarantees the enforcement of rights. The relevance of duties and Gandhian thoughts on the same is not restricted to India but transcends borders with profound appeal. Gandhian thoughts have become even more relevant in the current times to examine the situation of COVID-19 pandemic, racial discrimination (BLM), environmental crises, digital divide, health care and medical care crises, refugee and migrant labour problems and it can offer promising solutions based on the nuances of social solidarity, self realisation of duties/responsibilities, local governance, compassion and humanity.