The Sociable Person and the Law
Recognising and Regulating the Social Dimension of the Human Experience
The Sociable Person and the Law
Recognising and Regulating the Social Dimension of the Human Experience
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Description
This cutting-edge collection is a riposte to the deep assumption that law should be written exclusively for and by the reasonable person, as the person to whom law is addressed and by reference to whom laws are designed and calibrated.
The book looks at how the social dimension of the human experience is central to human existence: connections with other people shape our lives in profound ways. While law confers formal status on certain relationships and intervenes to remedy serious injustices that occur, it does not generally concern itself with the individual as a person formed through those and other relationships. It is most often addressed to the individual, on the assumption that individuals are rational autonomous agents.
It poses a deep challenge to that assumption. First, the collection opens space for conversation on the social dimension of the human experience in the context of law by critically considering existing conceptual tools that could support such a conversation, e.g., community, solidarity, associations,collective rights, and cosmopolitan law.
Second, the collection takes an inventory of the extent to which law currently takes the social dimension of personhood into account in fields as diverse as criminal culpability, natural resources law, human rights, company lawand administrative justice.
In moving beyond the fields that have already been the subject of post-individualist and post-autonomy discourse, such as family law and medical law, this collection is a vital contribution to igniting a broader conversation about the relationship between the sociable person and the law.
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Table of Contents
Part I: Intention-Based Sociability
2. Why we Choose to Associate: Four Archetypes of the Sociable Person in Comparative Caselaw on Freedom of Association, Maria Cahill (University College Cork, Ireland)
3. Corporate Law, Freedom of Association and the Sociable Person: The Associational-Relational Company, Femi Amao (University College Cork, Ireland)
Part II: Need-Based Sociability
4. Solidarity and Community of Interest in International Law: Cooperative Aspects of International Water Law, Owen McIntyre (University College Cork, Ireland)
5. Centring the Sociable Person in Administrative Justice: Rights and Justice at Street Level, Fiona Donson (University College Cork, Ireland)
Part III: Autonomy-Based Sociability
6. From the State of Nature to Cosmopolitan Law: Kant on Sociability and Law, Bertjan Wolthius (Vrije Universiteit Amsterdam, the Netherlands)
7. Collective Dimensions of International Human Rights Law, Nicholas McMurry (Griffith College Cork, Ireland)
8. An Examination of the Role of Alternative Dispute Resolution in Balancing Sociality in Legal Contexts, Shaoming Zhu (University College Cork, Ireland)
Product details
| Published | Mar 18 2027 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Pages | 208 |
| ISBN | 9781509991686 |
| Imprint | Hart Publishing |
| Publisher | Bloomsbury Publishing |
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