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Human Rights Law and Personal Identity (Paperback)
Loot Price: R1,654
Discovery Miles 16 540
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Human Rights Law and Personal Identity (Paperback)
Series: Routledge Research in Human Rights Law
Expected to ship within 12 - 17 working days
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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.
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