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Rights And Subjectivity

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Rights And Subjectivity

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Author : Roberto Buonamano
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2009-05-27

Rights And Subjectivity written by Roberto Buonamano and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-27 with Political Science categories.

Over the course of the last century human rights have served as the pre-eminent currency of neo-liberal discourses and correspondingly informed the construction of the individual as a legal and political subject. This has been the case notwithstanding that the fundamental paradox of individual rights—as universal and inalienable attributes of human being that depend integrally upon the political and legal frameworks of the nation state for their recognition—perpetually reveals the contingency and frailty of modern human rights, whether in terms of their conceptualisation, application or enforcement. The pervasiveness of this form of subjectivity, and its influence upon both national constitutions and the emergence of international legal institutions, suggests the need to investigate not merely the more conventional histories of human rights—as a product of post-Enlightenment liberal theory and the international legal order of sovereign states—but also the pre-historical formation of the individual as an inherent bearer of rights. In order to chart a genealogical history of the relationship between rights and subjectivity, this study brings together an analysis of key doctrines and concepts, such as sovereignty, jurisdiction, democracy, natural rights and freedom, and an examination of certain historical narratives—the theological-political model of sovereignty during the Middle Ages; the development of feudal rights as dominial and individual liberties; the role of the text and the concepts of public law and property in Medieval Roman and Canonical jurisprudence; and, the theological and humanistic philosophical discourses on natural law and personal liberty.

Autonomy Freedom And Rights

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Author : Emilio Santoro
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09

Autonomy Freedom And Rights written by Emilio Santoro and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-09 with Philosophy categories.

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

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Author : Elisabeth Roy-Trudel
language : en
Publisher:
Release Date : 2025

Human Rights And Subjectivity written by Elisabeth Roy-Trudel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025 with Law categories.

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.

Posthuman Legal Subjectivity

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Author : Jana Norman
language : en
Publisher: Routledge
Release Date : 2021-08-12

Posthuman Legal Subjectivity written by Jana Norman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-12 with Law categories.

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.

Beyond Equality And Difference

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Author : Gisela Bock
language : en
Publisher: Routledge
Release Date : 2005-09-23

Beyond Equality And Difference written by Gisela Bock and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-23 with Philosophy categories.

The essays examine the interaction of the rights of equality and the rights of difference, and the meaning and use of the two concepts in the context of gender relations, both past and present.

Subjectivity Citizenship And Belonging In Law

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Author : Anne Griffiths
language : en
Publisher: Taylor & Francis
Release Date : 2016-10-04

Subjectivity Citizenship And Belonging In Law written by Anne Griffiths and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Law categories.

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.

The Subject Of Human Rights

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Author : Danielle Celermajer
language : en
Publisher: Stanford University Press
Release Date : 2020-09-22

The Subject Of Human Rights written by Danielle Celermajer and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-22 with Political Science categories.

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.

Democracy And Subjective Rights

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Author :
language : en
Publisher: Rowman & Littlefield International/Ecpr Press
Release Date : 2019-04-18

Democracy And Subjective Rights written by and has been published by Rowman & Littlefield International/Ecpr Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-18 with Political Science categories.

This book critically investigates the notion of democracy without demos by unravelling the link that modern history has established between the concepts of democracy and the sovereignty of the people. This task is imposed on us by globalization. The individualization of the subject of rights is the result of the destruction of regimes of special rights of ancient societies by the centralizing action of a territorial power. This individualization, because it implies equality, has created a new form of political subjectivity that has been the driving force of the democratization of democracies during the 19th and 20th centuries. Democracy and subjective rights discusses how asserting itself as the only guarantor of rights, the modern state has also nationalized citizenship. However, the author argues, the legal and judicial monopoly of the nation-state is weakened today by the multiplication and heterogeneity of the powers on which the rights of individuals depend. This situation forces us to denationalize citizenship without sacrificing, however, the specific form of political subjectivity that the individualization of rights has made possible.

Subjectivity Citizenship And Belonging In Law

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Author : Anne Griffiths
language : en
Publisher: Routledge
Release Date : 2016-10-04

Subjectivity Citizenship And Belonging In Law written by Anne Griffiths and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Law categories.

The Relational Self And Human Rights

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Author : Tatiana Hansbury
language : en
Publisher: Taylor & Francis
Release Date : 2022-05-18

The Relational Self And Human Rights written by Tatiana Hansbury and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-18 with Law categories.

This book takes up Paul Ricoeur’s relational idea of the self in order to rethink the basis of human rights. Many schools of critical theory argue that the idea of human rights is based on a problematic conception of the human subject and the legal person. For liberals, the human is a possessive and self-interested individual, such that others are either tools or hurdles in their projects. This book offers a novel reading of subjectivity and rights based on Paul Ricœur’s re-interpretation of human subjectivity as a relational concept. Taking up Ricoeur’s idea of recognition as a ‘reciprocal gift’, it argues that gift exchange is the relation upon which authentic, non-abstract, human subjectivity is based. Seen in this context, human rights can be understood as tokens of mutual recognition, securing a genuinely human life for all. The conception of human rights as gift effectively counters their moral individualism and possessiveness, as the philosophical anthropology of an isolated ego is replaced by that of a related, dependent and embedded self. This original reinterpretation of human rights will appeal to scholars of legal theory, jurisprudence, politics and philosophy.

Rights And Subjectivity

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