國立高雄大學圖資館 |

登入

回首頁

Rights, groups, and self-invention :Group-differentiated rights in liberal theory

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Rights, groups, and self-invention :
其他題名:	Group-differentiated rights in liberal theory
作者:	Mitnick, Eric J.
面頁冊數:	205 p.
附註:	Adviser: Robert P. George.
附註:	Source: Dissertation Abstracts International, Volume: 65-02, Section: A, page: 0684.
Contained By:	Dissertation Abstracts International65-02A.
標題:	Political Science, General.
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3123444
ISBN:	0496707558

Rights, groups, and self-invention :Group-differentiated rights in liberal theory
Mitnick, Eric J.

Rights, groups, and self-invention :Group-differentiated rights in liberal theory [electronic resource] - 205 p.

Adviser: Robert P. George.

Thesis (Ph.D.)--Princeton University, 2004.

Group-differentiated rights, or rights that vest on the basis of an individual's membership in a particular social or cultural group, are an increasingly common and controversial aspect of modern legal systems. This dissertation seeks to describe and critically assess the group-differentiated form of right from within analytical, constitutive and liberal theory.

ISBN: 0496707558Subjects--Topical Terms:

212408
Political Science, General.

Rights, groups, and self-invention :Group-differentiated rights in liberal theory
LDR:03448nmm _2200301 _450 001 162393
005 20051017073441.5
008 230606s2004 eng d
020 $a 0496707558
035 $a 00148894
035 $a 162393
040 $a UnM $c UnM
100 0 $a Mitnick, Eric J. $3 227529
245 1 0 $a Rights, groups, and self-invention : $b Group-differentiated rights in liberal theory $h [electronic resource]
300 $a 205 p.
500 $a Adviser: Robert P. George.
500 $a Source: Dissertation Abstracts International, Volume: 65-02, Section: A, page: 0684.
502 $a Thesis (Ph.D.)--Princeton University, 2004.
520 # $a Group-differentiated rights, or rights that vest on the basis of an individual's membership in a particular social or cultural group, are an increasingly common and controversial aspect of modern legal systems. This dissertation seeks to describe and critically assess the group-differentiated form of right from within analytical, constitutive and liberal theory.
520 # $a The dissertation's core claim is that, by its nature, the group-differentiated form of right serves further to constitute aspects of human identities, and, further, that this constitutive aspect should be a cause for anxiety from a liberal perspective. Group-differentiated rights, through processes of inclusion and exclusion that are intrinsic to law and derivative of formal justice, sort and construct individuals as members of particular social groups. A legal system's invocation of the group-differentiated form of right thus influences the course of individual self-invention. Hence, along with the more obvious, and more frequently remarked upon, sacrifice that group-differentiated rights exact in formal equality, and along with the substantial benefits and opportunities such differential policies may provide, group-differentiated rights present the prospect also of a significant moral loss in constitutive autonomy.
520 # $a The first chapter seeks to discern that which is distinct in the group-differentiated form of right, and to locate this work within the broader framework of rights and liberal-multicultural theory. The second chapter explores collective aspects of individual rights, including in particular the legislative and adjudicative processes that give rise to group-differentiated rights. The third chapter seeks a reconceptualization of the relationship between rights and identity, arguing that group-differentiated rights further construct individuals as members of particular groups. The fourth chapter constructs a liberal conception of membership against which to assess group-differentiated rights. The fifth chapter describes three models of the process by which social and cultural groups and identities may be constituted by rights, and evaluates each model in light of liberal principles. The analysis demonstrates that while the group-differentiated form of right does indeed threaten individual constitutive autonomy, the true extent of any loss depends in significant part upon the particular model invoked.
590 $a School code: 0181.
650 # 0 $a Political Science, General. $3 212408
650 # 0 $a Law. $3 207600
690 $a 0398
690 $a 0615
710 0 # $a Princeton University. $3 212488
773 0 # $g 65-02A. $t Dissertation Abstracts International
790 $a 0181
790 1 0 $a George, Robert P., $e advisor
791 $a Ph.D.
792 $a 2004
856 4 0 $u http://libsw.nuk.edu.tw/login?url=http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3123444 $z http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3123444