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The Right to Legal Personhood of Marginalised Groups

2024-08-22 Law
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Release : 2024-08-22
Genre : Law
Kind : eBook
Book Rating : 747/5 ( reviews)

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Book Synopsis The Right to Legal Personhood of Marginalised Groups by : Anna Arstein-Kerslake

Download or read book The Right to Legal Personhood of Marginalised Groups written by Anna Arstein-Kerslake. This book was released on 2024-08-22. Available in PDF, EPUB and Kindle. Book excerpt: Legal personhood is required for voting, marrying, inheriting, contracting, consenting, and other critical social acts that can be predicates to power and privilege. The Right to Legal Personhood of Marginalised Groups addresses personhood and legal capacity as human rights issues, in particular as they relate to disabled people, migrant groups, indigenous peoples, racial minorities, women, and gender minorities. The concepts of personhood, legal capacity, and agency have conflicting definitions in the literature, and there is a lack of clarity regarding their application. Dr. Anna Arstein-Kerslake brings her expertise as a renowned thinker in the areas of human rights, disability rights, gender justice, and legal personhood to this discussion. She provides clarity on personhood and legal capacity by developing definitions of these concepts based on the articulation of the right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. She then applies these definitions to the situations of various minority groups. The Right to Legal Personhood of Marginalised Groups has the potential to significantly enrich the understanding of how and why marginalised groups are denied equality. It goes beyond the traditional analysis of discrimination and equal protection of the law and explores a new social justice imperative: equal recognition before the law.

The Right to Legal Personhood of Marginalised Groups

2024-11-22 Law
Download The Right to Legal Personhood of Marginalised Groups PDF Online Free

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Release : 2024-11-22
Genre : Law
Kind : eBook
Book Rating : 944/5 ( reviews)

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Book Synopsis The Right to Legal Personhood of Marginalised Groups by : Professor of Human Rights Irish Centre for Human Rights School of Law Anna Arstein-Kerslake

Download or read book The Right to Legal Personhood of Marginalised Groups written by Professor of Human Rights Irish Centre for Human Rights School of Law Anna Arstein-Kerslake. This book was released on 2024-11-22. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that equal recognition before the law is the key to achieving social equality for marginalised groups. It examines how the law denies equal recognition to members of marginalised groups through denials of their legal personhood and legal agency and how we can use human rights law to address these wrongs.

Marginalized Communities and Access to Justice

2010 Discrimination in justice administration
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Release : 2010
Genre : Discrimination in justice administration
Kind : eBook
Book Rating : 635/5 ( reviews)

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Book Synopsis Marginalized Communities and Access to Justice by : Yash P. Ghai

Download or read book Marginalized Communities and Access to Justice written by Yash P. Ghai. This book was released on 2010. Available in PDF, EPUB and Kindle. Book excerpt: "Marginalized Communities and Access to Justice is a comparative study of the imperatives and constraints of access for a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As an aspect of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. These studies - by internationally renowned scholars and practitioners - examine the role of courts and similar bodies in administering the laws that relate to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed into issues of the will to enforce, the law this book thus explores fundamental questions about the value of engagement with the formal legal system for marginalized communities." --Book Jacket.

Legal Capacity & Gender

2021-01-25 Law
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Release : 2021-01-25
Genre : Law
Kind : eBook
Book Rating : 930/5 ( reviews)

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Book Synopsis Legal Capacity & Gender by : Anna Arstein-Kerslake

Download or read book Legal Capacity & Gender written by Anna Arstein-Kerslake. This book was released on 2021-01-25. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.

Social Ontology, Normativity and Law

2020-07-06 Law
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Release : 2020-07-06
Genre : Law
Kind : eBook
Book Rating : 619/5 ( reviews)

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Book Synopsis Social Ontology, Normativity and Law by : Miguel Garcia-Godinez

Download or read book Social Ontology, Normativity and Law written by Miguel Garcia-Godinez. This book was released on 2020-07-06. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the proceedings of the Social Ontology, Normativity, and Philosophy of Law conference, which took place on May 30–31, 2019 at the University of Glasgow. At the invitation of the Social Ontology Research Group, a panel of prominent scholars shed light on normativity from the perspective of social ontology and the philosophy of law.

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