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oapen-20.500.12657-764052024-03-28T09:47:12Z Personal Autonomy in Plural Societies Foblets, Marie-Claire Graziadei, Michele Renteln, Alison Dundes Alberto H. Neidhardt Alison Dundes Renteln Annelies Moors Arjumand Bano Kazmi Avigail Eisenberg Chiara Quagliariello female Geoffrey Brahm Levey genital Ian Kalman Jessica Johnson Jinske Verhellen John Christman Kalindi Kokal Katayoun Alidadi Keebet von Benda-Beckmann Lucia Bellucci Michele Graziadei Monique Deveaux mutilation Olaf Zenker Rajnaara C. Akhtar Shaheen Sardar Ali Toon Agten 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. 2023-09-26T15:00:23Z 2023-09-26T15:00:23Z 2018 book ONIX_20230926_9781315413600_25 9781315413600 9781138220218 9781315413617 9780367884499 https://library.oapen.org/handle/20.500.12657/76405 eng Routledge Studies in Cultural History application/pdf n/a 9781315413600.pdf Taylor & Francis Routledge 10.4324/9781315413617 10.4324/9781315413617 7b3c7b10-5b1e-40b3-860e-c6dd5197f0bb 100174dc-5fc5-4a51-8ab0-7823d17f9974 9781315413600 9781138220218 9781315413617 9780367884499 Routledge 71 316 [...] open access
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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.
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