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Download Rights, Culture, and the Law: Themes from the Legal and by Lukas H. Meyer, Stanley L. Paulson, Thomas W. Pogge PDF

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By Lukas H. Meyer, Stanley L. Paulson, Thomas W. Pogge

The quantity brings jointly a set of unique papers on many of the major tenets of Joseph Raz's felony and political philosophy: felony positivism and the character of legislation, sensible cause, authority, the price of equality, incommensurability, damage, team rights, and multiculturalism.

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Extra info for Rights, Culture, and the Law: Themes from the Legal and Political Philosophy of Joseph Raz

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Since the freedom, and therefore the humanity, of the individual depend on his freedom to enter into self-interested relations with other individuals, and since his ability to enter into such relations depends on his having exclusive control of (rights in) his own person and capacities, and since proprietorship is the generalised form of such exclusive control, the individual is essentially the proprietor of his own person and capacities. (MacPherson 1964: 261) In the seventeenth-century liberal world, ‘persons’ were conceptualised as entities having ‘exclusive control’ over themselves, their rights, their relationships, their labour and their capacities.

However, it is seen as a myth: subjects do not just exist as predetermined wholes with boundaries and essences, but find themselves in social networks, languages, discourses, and normative systems. We are intrinsically intersubjective beings, not single, separate entities (Lyotard 1984: 14–17). 4 The image of the person as self-proprietor, intrinsically divided as subject and object of property, is perceived by some to exacerbate, rather than ameliorate, the actual or potential commodification of persons.

Subjects, then, are constructed both within and without: subjectivity is located within the site of the body, within the bodies of other people and other species, and within the world in trees, rockholes, on rock walls, and so on. And of course, location is by no means random; country is the matrix for the structured reproduction of subjectivities. (Rose D. 1999: 180) This self exists intrinsically in connection with what Westerners perceive as others – other people, other species, and the physical world.

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