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Full-Text Articles in Law
Global Feminism: Feminist Theory’S Cul-De-Sac, Elora Halim Chowdhury
Global Feminism: Feminist Theory’S Cul-De-Sac, Elora Halim Chowdhury
Elora Halim Chowdhury
Global feminism has been critical of the earlier notion of "global sisterhood" and its uncritical attachment to commonalities of women's oppression around the world. However, in this article I argue that global feminism curiously remains inadequately accountable for its differential attitude toward issues of difference and inequality among communities within the U.S. versus those alleged differences and inequalities across the U.S. borders. Consequently, global feminism, using a universal human rights paradigm, constructs for itself the role of the heroic savior, reminiscent of colonialist civilizing mission (Abu-Lughod 2002) and in line with current U.S. imperialist interventions. Strategies for countering this newly …
Moving Towards Autonomy And Equality: An Analysis Of The New Mental Health Care Bill 2012, Dharmendra Chatur, Jayna Kothari
Moving Towards Autonomy And Equality: An Analysis Of The New Mental Health Care Bill 2012, Dharmendra Chatur, Jayna Kothari
Dharmendra Chatur
The new Mental Health Care Bill 2012 marks a complete shift from the existing Mental Health Act 1987 from viewing persons with mental disabilities as persons requiring institutionalisation, to persons with autonomy, equal recognition of their rights and full legal capacity. This shift has been in view of India’s ratification of the UN Convention on the Rights of Persons with Disabilities 2006 (“UNCRPD”). In this paper, we analyse the provisions of the Bill specifically in the context of the changes in mental health care law that it proposes, keeping in mind the rights to autonomy and equality of persons with …
Reconciling Liberty And Equality In The Debate Over Preimplantation Genetic Diagnosis, Jessica Knouse
Reconciling Liberty And Equality In The Debate Over Preimplantation Genetic Diagnosis, Jessica Knouse
Jessica A. Knouse
This article draws on postmodern theory to develop a framework for analyzing situations in which liberty and equality appear to conflict. It uses the debate over non-therapeutic preimplantation genetic diagnosis (PGD) as an example. While PGD is, at present, almost entirely unregulated within the United States, there seems to be relative consensus that “therapeutic” or “medical” trait selection – e.g., selection against certain genetic and chromosomal disorders – should per permitted. There is, however, substantial disagreement as to whether “non-therapeutic” trait selection – e.g., selection based on parental preference for a particular sex, disability, eye color, hair color, or skin …
The Normativity Of The Private Ownership Form, Avihay Dorfman
The Normativity Of The Private Ownership Form, Avihay Dorfman
Avihay Dorfman
One of the most acute charges against private property observes that ownership generates a trespassory duty of exclusion that far exceeds the requirements of a commitment to values such as freedom and well‐being, and accordingly there exists an analytical mismatch between the form of protecting ownership and the functions that this protection may serve. This article develops a novel account of ownership's normativity, maintaining that, apart from the functions it may render to external values, the form of ownership is in itself a source of value, in virtue of the society it may engender between free and equal persons. Any …