Identity, Personhood and the Law

Nonfiction, Reference & Language, Law, Reference, Health & Well Being, Psychology, Personality
Cover of the book Identity, Personhood and the Law by Jonathan Herring, Charles Foster, Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Jonathan Herring, Charles Foster ISBN: 9783319534596
Publisher: Springer International Publishing Publication: March 14, 2017
Imprint: Springer Language: English
Author: Jonathan Herring, Charles Foster
ISBN: 9783319534596
Publisher: Springer International Publishing
Publication: March 14, 2017
Imprint: Springer
Language: English

This book is an examination of how the law understands human identity and the whole notion of ‘human being’. On these two notions the law, usually unconsciously, builds the superstructure of ‘human rights’. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on.

The law makes a number of huge assumptions about some fundamental issues of human identity and authenticity – for instance that we can talk meaningfully about the entity that we call ‘our self’. Until now it has rarely, if ever, identified those assumptions, let alone interrogated them. This failure has led to the law being philosophically dubious and sometimes demonstrably unfit for purpose. Its failure is increasingly hard to cover up. What should happen legally, for instance, when a disease such as dementia eliminates or radically transforms all the characteristics that most people regard as foundational to the ‘self’? This book seeks to plug these gaps in the literature. 

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book is an examination of how the law understands human identity and the whole notion of ‘human being’. On these two notions the law, usually unconsciously, builds the superstructure of ‘human rights’. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on.

The law makes a number of huge assumptions about some fundamental issues of human identity and authenticity – for instance that we can talk meaningfully about the entity that we call ‘our self’. Until now it has rarely, if ever, identified those assumptions, let alone interrogated them. This failure has led to the law being philosophically dubious and sometimes demonstrably unfit for purpose. Its failure is increasingly hard to cover up. What should happen legally, for instance, when a disease such as dementia eliminates or radically transforms all the characteristics that most people regard as foundational to the ‘self’? This book seeks to plug these gaps in the literature. 

More books from Springer International Publishing

Cover of the book The Canadian Contribution to a Comparative Law of Secession by Jonathan Herring, Charles Foster
Cover of the book Device-Free Object Tracking Using Passive Tags by Jonathan Herring, Charles Foster
Cover of the book Human Reliability, Error, and Human Factors in Power Generation by Jonathan Herring, Charles Foster
Cover of the book Australia's Little Space Travellers by Jonathan Herring, Charles Foster
Cover of the book The Trump Presidency by Jonathan Herring, Charles Foster
Cover of the book Cystoid Macular Edema by Jonathan Herring, Charles Foster
Cover of the book Sovereign Money by Jonathan Herring, Charles Foster
Cover of the book Ethnographies of Conferences and Trade Fairs by Jonathan Herring, Charles Foster
Cover of the book Experiments on the Thermodynamics of Information Processing by Jonathan Herring, Charles Foster
Cover of the book The Leishmaniases: Old Neglected Tropical Diseases by Jonathan Herring, Charles Foster
Cover of the book Innovation and the Entrepreneurial University by Jonathan Herring, Charles Foster
Cover of the book Impulsivity by Jonathan Herring, Charles Foster
Cover of the book Advanced Control of Piezoelectric Micro-/Nano-Positioning Systems by Jonathan Herring, Charles Foster
Cover of the book Upper Endoscopy for GI Fellows by Jonathan Herring, Charles Foster
Cover of the book SUCCESSION FOR CHANGE by Jonathan Herring, Charles Foster
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy