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Subjectivity, Citizenship and Belonging in Law


ISBN13: 9781138121720
Published: October 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00



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Law tends to have a rather fixed view of the proper or valid legal subject. This collection challenges law's inherent constructions of normality and the 'normal' subject. Taken together, the articles cover issues as diverse as marginalized identities and agencies, transnational families, the legal position of vulnerable citizens, the complex relations of care and work, as well as gender and queer aspects in law.

The book looks at the nation state and citizenship, and relates these public and political issues to the most nuanced and personal of questions, such as gender, intimate relations and private identities. Focused, yet broad in scope, this collection examines what happens to the subject of law in the intersections of its different domains, as well as in the interplay of international and national law. By doing so, it reveals how often unspoken understandings affect the autonomy, protection and agency of individuals; whilst highlighting the importance of communities and identities that are often hard to grasp in legal terms.

Subjects:
Law and Society
Contents:
Foreword
1. Introduction

Part I: Politics, power and subjectivation
2. Samuli Hurri, Aristotle's ethical subjectivation
3. Panu Minkkinen, Constituted citizenship and the constituent nation
4. Kati Nieminen, Who belongs? The Turkish citizen subject in turmoil

Part II: Capable subjects: 'Ability and 'autonomy' as markers of citizenship
5. Sanna Mustasaari, Interrogating citizenship in transnational families
6. Pablo Marshall Disenfranchisement and political capacity
7. Anna Maki-Petaja-Leinonen, Protection and autonomy: An elder law approach to restriction of freedom

Part III: Creating value? Notions of personhood, property and contribution
8. Marjo Ylhainen, The changing identity of the employee / worker - can labour law protect the autonomous employee?
9. Jane Mair, Having it all? Reconciliation of work and family
10. Anne Griffiths, Families, identity and belonging: Rethinking personhood and property in Botswana
11. Sanna Koulu and Dorota A. Gozdecka, Ethics, otherness and the family

Part IV: Contesting the category of the person
12. Fabrice Gzil, Personhood and cognitive capacity: A philosophical perspective
13. Carolynn Gray, The (gender) queer in UK Law: why current protective provisions are insufficient
14. Susanna Lindroos-Hovinheimo, Personhood and European Law