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Interpreting Precedents: A Comparative Study (Applied Legal Philosophy)
by D. Neil MacCormick Robert S. Summers Arthur L. GoodhartThis book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places. Out of the comparative study come the six theoretical and synoptic essays that conclude the volume.
Interpreting Statutes: A Comparative Study (Applied Legal Philosophy)
by D. Neil MacCormick Robert S. SummersThis book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.
Interpreting Statutes: A Comparative Study (Applied Legal Philosophy)
by D. Neil MacCormick Robert S. SummersThis book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.
Interpreting the Bible and the Constitution
by Professor Jaroslav PelikanBoth the Bible and the Constitution have the status of "Great Code,” but each of these important texts is controversial as well as enigmatic. They are asked to speak to situations that their authors could not have anticipated on their own. In this book, one of our greatest religious historians brings his vast knowledge of the history of biblical interpretation to bear on the question of constitutional interpretation.Jaroslav Pelikan compares the methods by which the official interpreters of the Bible and the Constitution-the Christian Church and the Supreme Court, respectively-have approached the necessity of interpreting, and reinterpreting, their important texts. In spite of obvious differences, both texts require close, word-by-word exegesis, an awareness of opinions that have gone before, and a willingness to ask new questions of old codes, Pelikan observes. He probes for answers to the question of what makes something authentically "constitutional” or "biblical,” and he demonstrates how an understanding of either biblical interpretation or constitutional interpretation can illuminate the other in important ways.
Interpreting the Constitution
by Kent GreenawaltThis third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book's major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided. The book's central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors' aims matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes what modern citizens understand becomes important, diminishing the significance of original understanding. Simple versions of textualist originalism neither reflect what has taken place nor is really supportable. The focus on specific provisions shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. For applying the Bill of Rights to states, conceptions conceived when the Fourteenth Amendment was adopted should take priority over those in 1791. But practically, for courts, to interpret provisions differently for the federal and state governments would be highly unwise. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1865. And questions such as how much deference judges should accord the political branches depend greatly on what provisions and issues are involved. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the more particular subjects involved. How much deference judges should accord political actors also depends critically on the kind of issue involved.
Interpreting the Nuclear Non-Proliferation Treaty
by Daniel H. JoynerThe 1968 Nuclear Non-proliferation Treaty has proven the most complicated and controversial of all arms control treaties, both in principle and in practice. Statements of nuclear-weapon States from the Cold War to the present, led by the United States, show a disproportionate prioritization of the non-proliferation pillar of the Treaty, and an unwarranted underprioritization of the civilian energy development and disarmament pillars of the treaty. This book argues that the way in which nuclear-weapon States have interpreted the Treaty has laid the legal foundation for a number of policies related to trade in civilian nuclear energy technologies and nuclear weapons disarmament. These policies circumscribe the rights of non-nuclear-weapon States under Article IV of the Treaty by imposing conditions on the supply of civilian nuclear technologies. They also provide for the renewal and maintaintenance, and in some cases further development of the nuclear weapons arsenals of nuclear-weapon States. The book provides a legal analysis of this trend in treaty interpretation by nuclear-weapon States and the policies for which it has provided legal justification. It argues, through a close and systematic examination of the Treaty by reference to the rules of treaty interpretation found in the 1969 Vienna Convention on the Law of Treaties, that this disproportionate prioritization of the non-proliferation pillar of the Treaty leads to erroneous legal interpretations in light of the original balance of principles underlying the Treaty, prejudicing the legitimate legal interests of non-nuclear-weapon States.
Interpreting TRIPS: Globalisation of Intellectual Property Rights and Access to Medicines
by Hiroko YamaneProtection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the benefits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. Today, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation.This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, including its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies. The continuing international debate over IPRs is examined in depth, as are TRIPS rules and the controversy about implementing the 'flexibilities' of the Agreement in the light of national policy objectives. The author concludes that for governments in developing countries, as well as for their business and scientific communities, a great deal depends on domestic policy objectives and their implementation. IPR protection should be supporting domestic policies for innovation and investment. This, in turn requires a re-casting of the debate about TRIPS, to place cooperation in global and efficient R&D at the heart of concerns over IPR protection.
Interpreting TRIPS: Globalisation of Intellectual Property Rights and Access to Medicines
by Hiroko YamaneProtection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the benefits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. Today, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation.This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, including its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies. The continuing international debate over IPRs is examined in depth, as are TRIPS rules and the controversy about implementing the 'flexibilities' of the Agreement in the light of national policy objectives. The author concludes that for governments in developing countries, as well as for their business and scientific communities, a great deal depends on domestic policy objectives and their implementation. IPR protection should be supporting domestic policies for innovation and investment. This, in turn requires a re-casting of the debate about TRIPS, to place cooperation in global and efficient R&D at the heart of concerns over IPR protection.
Interpretivism and the Limits of Law (Elgar Studies in Legal Theory)
What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.Providing a comprehensive overview of current studies of interpretivism, both in the common and civil law systems, this book applies state of the art theories and tools of modern philosophy of language to shed new light on traditional questions in legal theory. Chapters discuss the normative importance and descriptive impact of moral inferences in legal interpretation and critically analyse the claims of legal interpretivism, uncovering the most recent versions of legal positivism. The impressive selection of leading contributors explore an array of important topics including metaethics, expressivism and legal semantics.Outlining a new direction of study and delineating the path for future research on moral inferences in legal interpretation, this timely book will be a thought-provoking read for legal scholars and students interested in legal theory, philosophy and interpretation.
Interracial Intimacy: The Regulation of Race and Romance
by Rachel F. MoranAs late as the 1960s, states could legally punish minorities who either had sex with or married persons outside of their racial groups. In this first comprehensive study of the legal regulation of interracial relationships, Rachel Moran grapples with the consequences of that history, candidly confronting its profound effects on not only conceptions of race and identity, but on ideas about sex, marriage, and family. "A good introduction to an issue too often overlooked. . . . The writing is clear and accessible, the evidence is evocative, and the ideas are challenging."—Beth Kiyoko Jamieson, Law and Politics Book Review "U. S. government bodies have tried to regulate interracial intimacy from the day Pocahontas married John Rolfe up through Loving v. Virginia, which found antimiscegentation laws unconstitutional in 1967. . . . The weirder anecdotes from our racial history enliven this study, which is likely to become a classic in its field."—Publishers Weekly "Moran examines the history of U. S. regulation of cross-racial romance, considering the impact of that regulation on the autonomy of individuals and families as well as on racial identity and equality. . . . She is attuned to the nuances of race in this polyglot nation, and supplies thoughtful analysis of these nuances."—Booklist
Interregional Recognition and Enforcement of Civil and Commercial Judgments: Lessons for China from US and EU Law (Studies in Private International Law)
by Jie Jeanne HuangJudgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong and Macao, are all forms of 'interregional JRE'. This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong and Macao.Mainland China, Hong Kong and Macao share economic, geographical, cultural, and historical proximity to one another. The policy of 'One Country, Two Systems' also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU. The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it also provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and the EU.ENDORSEMENTS'Professor Huang has completed a highly readable and comprehensive study of the issues governing recognition and enforcement of judgments among the three distinct legal regimes of the People's Republic of China…Her ideas will surely enrich the Chinese debate as well as provide interesting scholarly material for non-Chinese seeking greater understanding of legal reform in the PRC'.Peter D Trooboff, Senior Counsel, Covington & Burling LLP, Washington DC, USA'The book shows meticulous, analytical and comparative scholarship. Dr Huang's proposal of a multilateral arrangement makes an original and valuable contribution to the study of interregional judgment recognition and enforcement among Mainland China, Hong Kong, and Macao'.Renshan Liu, Professor and Dean, Law School of Zhongnan University of Economics and Law, China 'Dr Huang's timely work provides an insightful analysis of one of the more vexed aspects of the inter-regional legal relations in Greater China. Her careful investigation makes a valuable contribution to the academic and practical work on the recognition and enforcement of judgments between China and her two special administrative regions. The comparative approach she adopts represents the true utility of comparativism for legal scholarship'.Bing Ling, Professor of Chinese Law, Sydney Law School, AustraliaPREFACE AND FOREWORDPlease click on the link below to read the preface and foreword:www.hartpub.co.uk/Huang_Preface_Foreword.pdfThe book won the First Prize for Excellent Scholarship awarded by the China Society of Private International Law in 2015.
Interregional Recognition and Enforcement of Civil and Commercial Judgments: Lessons for China from US and EU Law (Studies in Private International Law #14)
by Jie Jeanne HuangJudgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong and Macao, are all forms of 'interregional JRE'. This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong and Macao.Mainland China, Hong Kong and Macao share economic, geographical, cultural, and historical proximity to one another. The policy of 'One Country, Two Systems' also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU. The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it also provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and the EU.ENDORSEMENTS'Professor Huang has completed a highly readable and comprehensive study of the issues governing recognition and enforcement of judgments among the three distinct legal regimes of the People's Republic of China…Her ideas will surely enrich the Chinese debate as well as provide interesting scholarly material for non-Chinese seeking greater understanding of legal reform in the PRC'.Peter D Trooboff, Senior Counsel, Covington & Burling LLP, Washington DC, USA'The book shows meticulous, analytical and comparative scholarship. Dr Huang's proposal of a multilateral arrangement makes an original and valuable contribution to the study of interregional judgment recognition and enforcement among Mainland China, Hong Kong, and Macao'.Renshan Liu, Professor and Dean, Law School of Zhongnan University of Economics and Law, China 'Dr Huang's timely work provides an insightful analysis of one of the more vexed aspects of the inter-regional legal relations in Greater China. Her careful investigation makes a valuable contribution to the academic and practical work on the recognition and enforcement of judgments between China and her two special administrative regions. The comparative approach she adopts represents the true utility of comparativism for legal scholarship'.Bing Ling, Professor of Chinese Law, Sydney Law School, AustraliaPREFACE AND FOREWORDPlease click on the link below to read the preface and foreword:www.hartpub.co.uk/Huang_Preface_Foreword.pdfThe book won the First Prize for Excellent Scholarship awarded by the China Society of Private International Law in 2015.
Interreligious Perspectives on Mind, Genes and the Self: Emerging Technologies and Human Identity (Routledge Science and Religion Series)
by Joseph Tham Chris Durante Alberto García GómezAttitudes towards science, medicine and the body are all profoundly shaped by people’s worldviews. When discussing issues of bioethics, religion often plays a major role. In this volume, the role of genetic manipulation and neurotechnology in shaping human identity is examined from multiple religious perspectives. This can help us to understand how religion might affect the impact of the initiatives such as the UNESCO Declaration in Bioethics and Human Rights. The book features bioethics experts from six major religions: Buddhism, Confucianism, Christianity, Islam, Hinduism, and Judaism. It includes a number of distinct religious and cultural views on the anthropological, ethical and social challenges of emerging technologies in the light of human rights and in the context of global bioethics. The contributors work together to explore issues such as: cultural attitudes to gene editing; neuroactive drugs; the interaction between genes and behaviours; the relationship between the soul, the mind and DNA; and how can clinical applications of these technologies benefit the developing world. This is a significant collection, demonstrating how religion and modern technologies relate to one another. It will, therefore, be of great interest to academics working in bioethics, religion and the body, interreligious dialogue, and religion and science, technology and neuroscience.
Interreligious Perspectives on Mind, Genes and the Self: Emerging Technologies and Human Identity (Routledge Science and Religion Series)
by Joseph Tham Chris Durante Alberto García GómezAttitudes towards science, medicine and the body are all profoundly shaped by people’s worldviews. When discussing issues of bioethics, religion often plays a major role. In this volume, the role of genetic manipulation and neurotechnology in shaping human identity is examined from multiple religious perspectives. This can help us to understand how religion might affect the impact of the initiatives such as the UNESCO Declaration in Bioethics and Human Rights. The book features bioethics experts from six major religions: Buddhism, Confucianism, Christianity, Islam, Hinduism, and Judaism. It includes a number of distinct religious and cultural views on the anthropological, ethical and social challenges of emerging technologies in the light of human rights and in the context of global bioethics. The contributors work together to explore issues such as: cultural attitudes to gene editing; neuroactive drugs; the interaction between genes and behaviours; the relationship between the soul, the mind and DNA; and how can clinical applications of these technologies benefit the developing world. This is a significant collection, demonstrating how religion and modern technologies relate to one another. It will, therefore, be of great interest to academics working in bioethics, religion and the body, interreligious dialogue, and religion and science, technology and neuroscience.
Interrogating Disability in India: Theory and Practice (Dynamics of Asian Development)
by Nandini GhoshThis book discusses the multifaceted concept of disability in the context of India. Through analyses of theoretical propositions of disability in South Asia and empirical explorations of the lives of persons with disabilities in India, this book not only brings to the forefront a hitherto unexplored realm in academic discourse, but also bridges the gap between theory and lived reality, and between policy and practice. Thus, it is an important addition to the field of development studies in South Asia. The papers herein represent multidisciplinary and interdisciplinary perspectives from architects, lawyers, sociologists, political scientists, historians, economists and linguists to social work practitioners from the grassroots level. This range of insights from different disciplines allows for the exploration of a wide range of issues around disability and the lives of disabled people, moving from theoretical assumptions to exploring structural and infrastructural barriers, to problematizing different aspects of the lives of disabled people, and from objective realms to more subjective domains. Along with students and researchers of disability studies, this book is of interest to a diverse readership encompassing the social sciences, mental health, and development studies.
Interrogating Ethnography: Why Evidence Matters
by Steven LubetIn this comprehensive review of urban ethnography, Steven Lubet encountered a field that relies heavily on anonymous sources, often as reported by a single investigator whose underlying data remain unseen. Upon digging into the details, he discovered too many ethnographic assertions that were dubious, exaggerated, tendentious, or just plain wrong. Employing the tools and techniques of a trial lawyer, Lubet uses original sources and contemporaneous documentation to explore the stories behind ethnographic narratives. Many turn out to be accurate, but others are revealed to be based on rumors, folklore, and unreliable hearsay. Interrogating Ethnography explains how qualitative social science would benefit from greater attention to the quality of evidence, and provides recommendations for bringing the field more closely in line with other fact-based disciplines such as law and journalism.
Interrogating the Morality of Human Rights (Elgar Studies in Human Rights)
by Michael J. PerryThis forward-thinking book illustrates the complexities of the morality of human rights. Emphasising the role of human rights as the only true global political morality to arise since the Second World War, chapters explore its role as applied to often controversial issues, such as capital punishment, the exclusion of same-sex couples from civil marriage and criminal abortion bans.Clarifying and cross-examining the morality of human rights, Michael J. Perry discusses their connection to moral equality and moral freedom, as well as exploring the significance of anti-poverty human rights. This illuminating book concludes with an explanation as to why the morality of human rights is acutely relevant to challenges faced by humanity in the modern era. In particular, the challenges of growing economic inequality and climate change are emphasised as having profound relevance to the morality of human rights.Interrogating the Morality of Human Rights will be of great benefit to both undergraduate and graduate students who are contemplating the idea of human rights and their morality within their studies. Professors and academics with cause to study and research human rights would also find it to be of interest, particularly those in the field of legal scholarship.
Interrogation and Torture: Integrating Efficacy with Law and Morality (Ethics, National Security, and Rule Law)
by Steven J. B arela, Mark Fallon, Gloria Gaggioli and Jens David OhlinThis volume addresses interrogation and torture at a unique moment. Emerging scientific research reveals non-coercive methods to be the most effective interrogation techniques. And efforts are now being made to integrate this science and practice into international law and global policing initiatives. Contributors present cutting-edge research on non-coercive interrogation techniques and show how this knowledge is brought to bear on the realm of international law. Such advancements have the potential to transform the conversation on interrogation and torture in many disciplines, and the contributions in this edited volume are meant to spark those discussions. Moreover, this book can serve as a guide for policymakers who seek lawful, ethical, human-rights compliant--and the most effective--methods to obtain reliable information from those perceived to pose a threat to public safety. To achieve these aims the editors have brought together highly experienced practitioners and leading scholars in law, philosophy, psychology, neuroscience, social science, national security, and government.
Interrogation and Torture: Integrating Efficacy with Law and Morality (Ethics, National Security, and Rule Law)
This volume addresses interrogation and torture at a unique moment. Emerging scientific research reveals non-coercive methods to be the most effective interrogation techniques. And efforts are now being made to integrate this science and practice into international law and global policing initiatives. Contributors present cutting-edge research on non-coercive interrogation techniques and show how this knowledge is brought to bear on the realm of international law. Such advancements have the potential to transform the conversation on interrogation and torture in many disciplines, and the contributions in this edited volume are meant to spark those discussions. Moreover, this book can serve as a guide for policymakers who seek lawful, ethical, human-rights compliant--and the most effective--methods to obtain reliable information from those perceived to pose a threat to public safety. To achieve these aims the editors have brought together highly experienced practitioners and leading scholars in law, philosophy, psychology, neuroscience, social science, national security, and government.
The Intersection of Rights and Regulation: New Directions in Sociolegal Scholarship
by Bronwen MorganPolicy makers and social actors increasingly face inter-related and inter-penetrated levels and realms of governance. The effect is that some of the intuitive contrasts between rights and regulation are no longer tenable. As the essays collected in this volume show, different combinations of rights and regulatory claims serve as barometers of current changes in political economy. These are not only restructuring political space, but also changing the assumed relevance of rights and regulation. Bringing together a range of fresh perspectives on socio-legal scholarship from a variety of disciplines, The Intersection of Rights and Regulations will have worldwide interdisciplinary appeal.
The Intersection of Rights and Regulation: New Directions in Sociolegal Scholarship
by Bronwen MorganPolicy makers and social actors increasingly face inter-related and inter-penetrated levels and realms of governance. The effect is that some of the intuitive contrasts between rights and regulation are no longer tenable. As the essays collected in this volume show, different combinations of rights and regulatory claims serve as barometers of current changes in political economy. These are not only restructuring political space, but also changing the assumed relevance of rights and regulation. Bringing together a range of fresh perspectives on socio-legal scholarship from a variety of disciplines, The Intersection of Rights and Regulations will have worldwide interdisciplinary appeal.
Intersectional Discrimination
by Shreya AtreyThis book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberlé Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.
Intersectional Discrimination
by Shreya AtreyThis book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberlé Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.
An Intersectional Feminist Theory of Moral Responsibility (Routledge Studies in Ethics and Moral Theory)
by Michelle CiurriaThis book develops an intersectional feminist approach to moral responsibility. It accomplisheses four main goals. First, it outlines a concise list of the main principles of intersectional feminism. Second, it uses these principles to critique prevailing philosophical theories of moral responsibility. Third, it offers an account of moral responsibility that is compatible with the ethos of intersectional feminism. And fourth, it uses intersectional feminist principles to critique culturally normative responsibility practices. This is the first book to provide an explicitly intersectional feminist approach to moral responsibility. After identifying the five principles central to intersectional feminism, the author demonstrates how influential theories of responsibility are incompatible with these principles. She argues that a normatively adequate theory of blame should not be preoccupied with the agency or traits of wrongdoers; it should instead underscore, and seek to ameliorate, oppression and adversity as experienced by the marginalized. Apt blame and praise, according to her intersectional feminist account, is both communicative and functionalist. The book concludes with an extensive discussion of culturally embedded responsibility practices, including asymmetrically structured conversations and gender- and racially biased social spaces. An Intersectional Feminist Approach to Moral Responsibility presents a sophisticated and original philosophical account of moral responsibility. It will be of interest to philosophers working at the crossroads of moral responsibility, feminist philosophy, critical race theory, queer theory, critical disability studies, and intersectionality theory.
An Intersectional Feminist Theory of Moral Responsibility (Routledge Studies in Ethics and Moral Theory)
by Michelle CiurriaThis book develops an intersectional feminist approach to moral responsibility. It accomplisheses four main goals. First, it outlines a concise list of the main principles of intersectional feminism. Second, it uses these principles to critique prevailing philosophical theories of moral responsibility. Third, it offers an account of moral responsibility that is compatible with the ethos of intersectional feminism. And fourth, it uses intersectional feminist principles to critique culturally normative responsibility practices. This is the first book to provide an explicitly intersectional feminist approach to moral responsibility. After identifying the five principles central to intersectional feminism, the author demonstrates how influential theories of responsibility are incompatible with these principles. She argues that a normatively adequate theory of blame should not be preoccupied with the agency or traits of wrongdoers; it should instead underscore, and seek to ameliorate, oppression and adversity as experienced by the marginalized. Apt blame and praise, according to her intersectional feminist account, is both communicative and functionalist. The book concludes with an extensive discussion of culturally embedded responsibility practices, including asymmetrically structured conversations and gender- and racially biased social spaces. An Intersectional Feminist Approach to Moral Responsibility presents a sophisticated and original philosophical account of moral responsibility. It will be of interest to philosophers working at the crossroads of moral responsibility, feminist philosophy, critical race theory, queer theory, critical disability studies, and intersectionality theory.