![]() ![]() ![]() ![]() Unlike studies portraying these migrants as fearful of any involvement with the authorities, this article demonstrates that individual experiences of injustice and violated expectations of recognition can lead to collective resistance and mobilization.Įarly 20th century eugenicists propagated a system of ideas, values and dispositions that constituted adults with intellectual disability as the antithesis of the paradigmatic citizen, and a biological threat to society. Honneth's theory of recognition is used to expand the narrative of ‘dissenting collectivism’ within legal consciousness scholarship and capture the collective resistance of the marginalized. While they all use legal services in their individual struggles, their engagement in collective counter-hegemonic struggles is greatly affected by social relations, networks, and culture. They are ‘outside the law’ yet struggling to become insiders. Their legal consciousness must be understood in the light of their illegal status, which makes them keenly aware that legal regulations and power structures decisively affect their everyday lives. Law's Relations includes many concrete legal applications of her theory of relational autonomy, offering new insights into the debates over due process, judicial review, violence against women, and private versus public law.ĭrawing on in-depth interviews, observation, and legal sources, this article examines how rejected asylum seekers experience their status and the legal regulations related to it, and how they react as a result. The political project thus should not only be to protect the individual from the state and keep the state out, but to use law to construct relations with the state that enhance autonomy. We should not therefore regard autonomy as merely a conceptual tool for assigning rights, but as a capacity that can be fostered or undermined throughout one's life through the relationships and the societal structures we inhabit. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others-with parents, teachers, employers, and the state. ![]() In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights. The prevailing theory of liberal individualism characterizes autonomy as independence, yet from a social perspective, this conception is glaringly inadequate. Autonomy is one of the core concepts of legal and political thought, yet also one of the least understood. ![]()
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