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Conceptualizing the nature of reality and the way the world
functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of
human rights law in the strict subject/object dichotomy. Seeking to
dismantle this dichotomy using topo-logic, a concept developed by
Japanese philosopher Nishida Kitaro, this topical book formulates
ways to operationalize alternative visions of human rights
practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates,
emerges from and reflects a particular Western worldview through a
quest for rationality and formal logic. Taking a metaphysical and
epistemological perspective, this book explores the alternative
views of reality and logic, developed by Kitaro, to demonstrate how
topo-logic can enable both a theoretical and a practical renewal of
human rights and overcome the subject/object dichotomy. Examining
the recent growth of social movements, decolonization and
diversification of discourses about human rights, and substantive
equality, the book identifies these developments in contemporary
human rights as indications of a movement towards a topo-logical
view beyond the subject/object dichotomy. Students and scholars of
critical legal studies, legal theory and philosophy, and
international human rights law will find this book to be an
invigorating read. Laying ground for the possible renewal and
enhancement of human rights law, it will also be a useful resource
for practitioners of human rights law.
This unique book analyses the impact of international human rights
on the concept of gender, demonstrating that gender emerged in the
medical study of sexuality and has a complex and broad meaning
beyond the sex and gender binaries often assumed by human rights
law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics
within the field of human rights which hinder the expansion of the
concept of gender and which strategies and mechanisms allow and
facilitate such an expansion. Gender and Human Rights surveys the
development of human rights from the creation of the United Nations
up to the present day and discusses key examples of the prohibition
of violence and the regulation of culture and family in the context
of human rights. This multidisciplinary study also incorporates
additional perspectives from medical science, feminism and queer
theory. This concise yet engaging book will be a valuable resource
for scholars, students and activists working at the intersection of
gender law and human rights law, providing a critical overview of
the topic alongside strategies for future growth.
This unique book analyses the impact of international human rights
on the concept of gender, demonstrating that gender emerged in the
medical study of sexuality and has a complex and broad meaning
beyond the sex and gender binaries often assumed by human rights
law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics
within the field of human rights which hinder the expansion of the
concept of gender and which strategies and mechanisms allow and
facilitate such an expansion. Gender and Human Rights surveys the
development of human rights from the creation of the United Nations
up to the present day and discusses key examples of the prohibition
of violence and the regulation of culture and family in the context
of human rights. This multidisciplinary study also incorporates
additional perspectives from medical science, feminism and queer
theory. This concise yet engaging book will be a valuable resource
for scholars, students and activists working at the intersection of
gender law and human rights law, providing a critical overview of
the topic alongside strategies for future growth.
Are human rights really a building block of global
constitutionalism? Does global constitutionalism have any future in
the theory and practice of international law and global governance?
This book critically examines these key questions by focusing on
the mechanisms utilised by global constitutionalism whilst
comparing the historical functioning of constitutional rights in
national systems. Yahyaoui Krivenko provides new insights into the
workings of human rights and associated notions, such as the state,
the political, and the individual, by demonstrating that human
rights are antithetical to global constitutionalism and encouraging
new discussions on the meaning of global constitutionalism and
human rights. Drawing on the interdisciplinary works of such
thinkers as Agamben, Luhmann, Bourdieu, Deleuze and Guattari, this
book also considers practical examples from historical experience
of ancient Greek and early Islamic societies. It will appeal to
scholars interested in human rights, international law and critical
legal theory.
The book offers the first analysis of the influence exercised by
the concept of space on the emergence and continuing operation of
international law. By adopting a historical perspective and
analysing work of two central early modern thinkers - Leibniz and
Hobbes - it offers a significant addition to a limited range of
resources on early modern history of international law. The book
traces links between concepts of space, universality, human
cognition, law, and international law in these two early modern
thinkers in a comparative fashion. Through this analysis, the book
demonstrates the dependency of the contemporary international law
on the Hobbesian concept of space. Although some Leibnizian
elements continue to operate, they are distorted. This continuing
operation of Leibnizian elements is explained by the inability of
international law, which is based on the Hobbesian concept of
space, to ensure universality of its normative foundation.
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