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Books > Social sciences > Sociology, social studies > Anthropology
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Personal Autonomy in Plural Societies - A Principle and its Paradoxes (Hardcover)
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Personal Autonomy in Plural Societies - A Principle and its Paradoxes (Hardcover)
Series: Law and Anthropology
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This volume addresses the exercise of personal autonomy in
contemporary situations of normative pluralism. In the Western
liberal tradition, from a strictly legal and theoretical
perspective the social individual has the right to exercise the
autonomy of his or her will. In a context of legal plurality,
however, personal autonomy becomes more complicated. Can and should
personal autonomy be recognized as a legal foundation for
protecting a person's freedom to renounce what others view as his
or her fundamental 'human rights'? This collection develops an
interdisciplinary conceptual framework to address these questions
and presents empirical studies examining the gap between the
principle of personal autonomy and its implementation. In a context
of cultural diversity, this gap manifests itself in two particular
ways. First, not every culture gives the same pre-eminence to
personal autonomy when examining the legal effects of an
individual's acts. Second, in a society characterized by 'weak
pluralism', the legal assessment of personal autonomy often favours
the views of the dominant majority. In highlighting these diverse
perspectives and problematizing the so-called 'guardian function'
of human rights, i.e., purporting to protect weaker parties by
limiting their personal autonomy in the name of gender equality,
fair trial, etc., this book offers a nuanced approach to the
principle of autonomy and addresses the questions of whether it can
effectively be deployed in situations of internormativity and what
conditions must be met in order to ensure that it is not rendered
devoid of all meaning.
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