Books > Social sciences > Psychology > The self, ego, identity, personality
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Identity, Personhood and the Law (Paperback, 1st ed. 2017)
Loot Price: R1,876
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Identity, Personhood and the Law (Paperback, 1st ed. 2017)
Series: SpringerBriefs in Law
Expected to ship within 10 - 15 working days
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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.
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