The Subject of Human Rights

The Subject of Human Rights

Author: Danielle Celermajer

Publisher: Stanford University Press

Published: 2020-09-22

Total Pages: 430

ISBN-13: 1503613720

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The Subject of Human Rights is the first book to systematically address the "human" part of "human rights." Drawing on the finest thinking in political theory, cultural studies, history, law, anthropology, and literary studies, this volume examines how human rights—as discourse, law, and practice—shape how we understand humanity and human beings. It asks how the humanness that the human rights idea seeks to protect and promote is experienced. The essays in this volume consider how human rights norms and practices affect the way we relate to ourselves, to other people, and to the nonhuman world. They investigate what kinds of institutions and actors are subjected to human rights and are charged with respecting their demands and realizing their aspirations. And they explore how human rights shape and even create the very subjects they seek to protect. Through critical reflection on these issues, The Subject of Human Rights suggests ways in which we might reimagine the relationship between human rights and subjectivity with a view to benefiting human rights and subjects alike.


Posthuman Legal Subjectivity

Posthuman Legal Subjectivity

Author: Jana Norman

Publisher: Routledge

Published: 2021-08-12

Total Pages: 195

ISBN-13: 1000424847

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This book provides a reimagining of how Western law and legal theory structures the human–earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human–earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human–earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed ‘Cosmic Person’ as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human–earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.


Human Rights and Subjectivity

Human Rights and Subjectivity

Author: Elisabeth Roy-Trudel

Publisher: Taylor & Francis

Published: 2024-11-14

Total Pages: 267

ISBN-13: 1040186718

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This book draws on a range of theoretical frameworks to challenge the limited conception of subjectivity upon which human rights are based. The book focuses on some of the ways in which dominant discourses are in tension with human rights’ fundamental claim to universality by ignoring multiple ways of being. Different theoretical and methodological approaches are used to analyse this creation of exclusions. These include Hannah Arendt’s figure of the refugee, posthumanist critiques and non-Western critical theories such as Black, Indigenous and decolonial approaches. Often these approaches are used in isolation, but together they reveal how the dominant concept of subjectivity has always needed an ‘Other’ and that the ‘human’ at the heart of human rights is not a universal concept. The book also pursues an analysis of visual discourses in the field of international human rights, with a focus on the ways in which exclusions are represented and entrenched through the visual. It argues that international human rights are based on a vision-centred sensorium and certain processes of reasoning that exclude emotions. Finally, the book considers how international human rights could embrace other forms of thinking and being in the world and recognize different sensory experiences. This original perspective on the limits of human rights will appeal to legal theorists, socio-legal scholars, and others working in politics, sociology, anthropology and cultural studies with an interest in contemporary approaches to social justice and critical approaches.


Subjectivity, Citizenship and Belonging in Law

Subjectivity, Citizenship and Belonging in Law

Author: Anne Griffiths

Publisher: Taylor & Francis

Published: 2016-10-04

Total Pages: 286

ISBN-13: 131730814X

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This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications.


Subjectivity and Being Somebody

Subjectivity and Being Somebody

Author: Grant Gillett

Publisher: St. Andrews Studies in Philoso

Published: 2008

Total Pages: 0

ISBN-13: 9781845401160

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This work examines the varieties of reductionism that affect philosophical writing about human origins and identity. Gillett goes on to discuss the effects of neurological interventions, such as psychosurgery, on the image of the human.


Redirecting Human Rights

Redirecting Human Rights

Author: A. Grear

Publisher: Springer

Published: 2010-04-09

Total Pages: 289

ISBN-13: 0230274633

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Against the backdrop of globalization and mounting evidence of the corporate subversion of the Universal Declaration of Human Rights paradigm, Anna Grear interrogates the complex tendencies within law that are implicated in the emergence of 'corporate humanity'. Grear presents a critical account of legal subjectivity, linking it with law's intimate relationship with liberal capitalism in order to suggest law's special receptivity to the corporate form. She argues that in the field of human rights law, particularly within the Universal Declaration of Human Rights paradigm, human embodied vulnerability should be understood as the foundation of human rights and as a key qualifying characteristic of the human rights subject. The need to redirect human rights in order to resist their colonization by powerful economic global actors could scarcely be more urgent.


Beyond Human Rights

Beyond Human Rights

Author: Anne Peters

Publisher: Cambridge University Press

Published: 2016-10-27

Total Pages: 645

ISBN-13: 1107164303

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Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.


Judith Butler and Subjectivity

Judith Butler and Subjectivity

Author: Parisa Shams

Publisher: Springer Nature

Published: 2020-08-06

Total Pages: 85

ISBN-13: 981156051X

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This book contextualises philosophy by bringing Judith Butler’s critique of identity into dialogue with an analysis of the transgressive self in dramatic literature. The author draws on Butler’s reflections on human agency and subjectivity to offer a fresh perspective for understanding the political and ethical stakes of identity as formed within a complex web of relations with human and non-human others. The book first positions a detailed analysis of Butler’s theory of subject formation within a broader framework of feminist philosophy and then incorporates examples and case studies from dramatic literature to argue that the subject is formed in relation to external forces, yet within its formation lies a space for transgressing the same environments and relations that condition the subject’s existence. By virtue of a fundamental dependency on conditions and relations that bring human beings into existence, they emerge as political and ethical agents capable of resisting the formative forces of power and responding – ethically – to the call of others.


Modernity and Subjectivity

Modernity and Subjectivity

Author: Harvie Ferguson

Publisher: University of Virginia Press

Published: 2000

Total Pages: 236

ISBN-13: 9780813919669

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Few concepts have come to dominate the human sciences as much as modernity, yet there is very little agreement over what the term actually means. Every aspect of contemporary human reality--modern society, modern life, modern times, modern art, modern science, modern music, the modern world--has been cited as a part of modernity's distinctive and all-embracing presence. But what is the exact nature of the reality to which the term modern refers? Has not such a promiscuous, ill-defined concept come to obscure and confuse rather than clarify a genuine understanding of our experience? Harvie Ferguson proposes a new view of modernity, arguing that, although it may variously be associated with the Renaissance, the European discovery of the New World, the Reformation, the Industrial Revolution, and many other significant ruptures with primitive or premodern society, modernity fails as an idea if it only defines itself against what it replaced. Instead, he writes, modernity finds its clearest definition through an exploration of subjectivity. For the modern world there is no higher authority than experience. No longer is the human world subordinate to a divine reality beyond the capacity of its own senses. This idea finds its greatest expression in the philosophy of doubt originated by Descartes. Doubt seemed the radical starting point from which to found a wholly modern philosophy that makes the distinction between subject and object, but those who came after Descartes soon reached the limits of self-discovery and became trapped in deepening levels of despair. This despair in turn found expression in the concepts of self and other, and eventually in a dialectic of ego and world, which distinguishes and links together the most important social, cultural, and psychological aspects of modernity. Moving beyond these dualities of subject and object, mind and body, ego and world, and replacing them with the triad of body, soul, and spirit, Ferguson redraws the map of contemporary experience, finding links with the premodern world that modernity's self-founding concealed.


The Subject of Human Being

The Subject of Human Being

Author: Christopher W. Haley

Publisher: Routledge

Published: 2018-10-10

Total Pages: 438

ISBN-13: 1317283171

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The Subject of Human Being presents a sweeping account of the nature of human existence. As a work of philosophical anthropology, the analysis ranges from the basic powers emerging from the mind, to our extraordinary psychological capacities, to the shared sociocultural worlds we inhabit. The book integrates different perspectives on social ontology from a selection of philosophers and theorists, whose advances toward understanding the relationship between individuals and society ought to revolutionize social theory as understood and practiced in the social sciences and humanities. Although grounded in critical realist philosophy of Roy Bhaskar and the social theory of Margaret Archer, the book also draws from philosophy of mind, phenomenology of consciousness, psychoanalytic theory, virtue ethics, and personalism to support and extend its arguments. Four elements of human existence are examined: the nature of consciousness, agency, subjectivity, and the social world. Thus, it addresses related issues of power, the agent-structure problem, the formation of beliefs and desires, human universals, and human rights. Portraying a unified social theory that is materialist, realist, dialectical, and centered on emergence, and offering a comprehensive and progressive theory of human being, this book is essential reading for students and scholars of critical realism, philosophy, and the social sciences.