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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

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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.


Legalizing Identities

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

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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: 248
Release: 2018-10-11
Genre: Political Science
ISBN: 1351067095

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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.


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

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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.


Legal Identity, Race and Belonging in the Dominican Republic

Legal Identity, Race and Belonging in the Dominican Republic
Author: Eve Hayes de Kalaf
Publisher: Anthem Press
Total Pages: 187
Release: 2021-11-02
Genre: Social Science
ISBN: 1785277669

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This book offers a critical perspective into social policy architectures primarily in relation to questions of race, national identity and belonging in the Americas. It is the first to identify a connection between the role of international actors in promoting the universal provision of legal identity in the Dominican Republic with arbitrary measures to restrict access to citizenship paperwork from populations of (largely, but not exclusively) Haitian descent. The book highlights the current gap in global policy that overlooks the possible alienating effects of social inclusion measures promulgated by international organisations, particularly in countries that discriminate against migrant-descended populations. It also supports concerns regarding the dangers of identity management, noting that as administrative systems improve, new insecurities and uncertainties can develop. Crucially, the book provides a cautionary tale over the rapid expansion of identification practices, offering a timely critique of global policy measures which aim to provide all people everywhere with a legal identity in the run-up to the 2030 UN Sustainable Development Goals (SDGs).


Identity and the Case for Gay Rights

Identity and the Case for Gay Rights
Author: David A. J. Richards
Publisher: University of Chicago Press
Total Pages: 247
Release: 1999
Genre: Law
ISBN: 0226712095

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1. THE RACIAL ANALOGY


Identities and Freedom

Identities and Freedom
Author: Allison Weir
Publisher: Oxford University Press, USA
Total Pages: 187
Release: 2013-03-21
Genre: Philosophy
ISBN: 0199936889

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How can we think about identities in the wake of feminist critiques of identity and identity politics? In Identities and Freedom, Allison Weir rethinks conceptions of individual and collective identities in relation to freedom. Drawing on Taylor and Foucault, Butler, Zerilli, Mahmood, Mohanty, Young, and others, Weir develops a complex and nuanced account of identities that takes seriously the ways in which identity categories are bound up with power relations, with processes of subjection and exclusion, yet argues that identities are also sources of important values, and of freedom, for they are shaped and sustained by relations of interdependence and solidarity. Moving out of the paradox of identity and freedom requires understanding identities as effects of multiple contesting relations of power and relations of interdependence. "This is a terrific book, one that stakes out an original and distinctive position in some well-worn debates, and that brings together diverse bodies of theory in an insightful and productive way. It is a real gem. It offers substantial new insights into how feminist theorists can go on in the wake of the relentless critique of the notion of identity. The book will make a significant contribution to ongoing debates in feminist theory over the vexed question of identity - a question that is absolutely central to feminist theory, and has been so for at least the last twenty years." - Amy Allen, Department of Philosophy, Dartmouth College "This book makes great contributions to the feminist literature by reconceptualizing IDENTITY in terms of connectedness and FREEDOM in terms of practices of belonging. Through a fascinating and innovative synthesis of Michel Foucault and Charles Taylor, Weir's communitarian approach develops new arguments for the need to cultivate resistant identities and resistant communities. This impressive book is full of original ideas masterfully articulated in critical engagements with leading feminist scholars such as Saba Mahmood, Cynthia Willett, Iris Young, and Linda Zerilli. This provocative book is a must read for anyone interested in contemporary discussions of freedom, resistance, identity, and community." - José Medina, Department of Philosophy, Vanderbilt University


After Identity

After Identity
Author: Dan Danielsen
Publisher: Routledge
Total Pages: 397
Release: 2013-10-11
Genre: Law
ISBN: 1136654275

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Authored by the leading voices in critical legal studies, feminist legal theory, critical race theory and queer legal theory, After Identity explores the importance of sexual, national and other identities in people's lived experiences while simultaneously challenging the limits of legal strategies focused on traditional identity groups. These new ways of thinking about cultural identity have implications for strategies for legal reform, as well as for progressive thinking generally about theory, culture and politics.


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

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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.


Legalized Identities

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

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