UID:
kobvindex_HPB1004085880
Umfang:
1 online resource :
,
text file, PDF.
Ausgabe:
First edition.
ISBN:
9781315413617
,
1315413612
Serie:
Law and Anthropology
Inhalt:
"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."--Provided by publisher
Anmerkung:
Cover; Title; Copyright; Contents; Contributors; Acknowledgements; Introduction: individual autonomy in contemporary plural societies: how to reconcile competing normative standards?; PART I Autonomy in the face of cultural diversity:disciplinary perspectives; 1 The fault in our stars: personal autonomy, philosophy, and the law; 2 Confronting autonomy in liberal practice; 3 Autonomy and deeply embedded cultural identities; 4 Three approaches to the protection of religious freedom: choice, interest, identity; 5 Appeals to choice and sexual equality: debates over religious attire.
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6 Why the individual must be defended â#x80;#x93; seemingly against all anthropological oddsPART II Autonomy in context: empirical illustrations A: The majoritarian assessment of personal autonomy; 7 Cultural diversity in the workplace: personal autonomy as a pillar for the accommodation of employeesâ#x80;#x99; religious practices?; 8 Adopting a face veil, concluding an Islamic marriage: autonomy, agency, and liberal-secular rule; 9 Unregistered Muslim marriages in the UK: examining normative influences shaping choice of legal protection.
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10 Quis custodiet ipsos custodes? Personal autonomy, forced marriage, and the inherent jurisdiction in English law11 Balancing migration policy and personal autonomy in private international law: a shattered illusion?; 12 The antireligious bias in personal autonomy: towards coherence and a solution; 13 Shaping notions of personal autonomy in plural societies: addressing female genital cutting in France and the European regulatory frameworkâ#x80;#x99;s approach to this custom; 14 The human rights dimensions of virginity restoration surgery.
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PART II Autonomy in context: empirical illustrations B: Individual agency in situ15 â#x80;#x98;It is better for me to agree when my guardian is hereâ#x80;#x99;: consent and relational personhood in postcolonial Malawi; 16 The multiple search for autonomy among Moluccans in the Netherlands: a relational approach; 17 An all but trivial abortion: scrutinizing sex selection legislation in India through the lens of womenâ#x80;#x99;s autonomy; 18 Rethinking social norms: contraceptive use and womenâ#x80;#x99;s right to choose in Senegal.
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19 Autonomous aspirations? Re-reading the CEDAW drafting process and examining Muslim womenâ#x80;#x99;s contributions20 â#x80;#x98;Thatâ#x80;#x99;s not our cultureâ#x80;#x99;: paradoxes of personal property in indigenous self-governance; Index.
Weitere Ausg.:
ISBN 9781315413617
Weitere Ausg.:
ISBN 9781315413600
Sprache:
Englisch
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