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Law's Relations - A Relational Theory of Self, Autonomy, and Law (Hardcover, New)
Loot Price: R2,701
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Law's Relations - A Relational Theory of Self, Autonomy, and Law (Hardcover, New)
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Autonomy is one of the core concepts of legal and political
thought, yet also one of the least understood. The prevailing
theory of liberal individualism characterizes autonomy as
independence, yet from a social perspective, this conception is
glaringly inadequate. In this brilliantly innovative work, Jennifer
Nedelsky claims that we must rethink our notion of autonomy,
rejecting the usual vocabulary of control, boundaries, and
individual rights. If we understand that we are fundamentally in
relation to others, she argues, we will recognize that we become
autonomous with others--with parents, teachers, employers, and the
state. We should not therefore regard autonomy as merely a
conceptual tool for assigning rights, but as a capacity that can be
fostered or undermined throughout one's life through the
relationships and the societal structures we inhabit. The political
project thus should not only be to protect the individual from the
state and keep the state out, but to use law to construct relations
with the state that enhance autonomy. Law's Relations includes many
concrete legal applications of her theory of relational autonomy,
offering new insights into the debates over due process, judicial
review, violence against women, and private versus public law
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