نوسباوم و قانون (فلاسفه و قانون)

"The essays collected in this volume reflect the profound impact of Martha Nussbaum?s philosophical writings on law and legal scholarship. The capabilities approach that she has largely authored has influenced the approach scholars take to the law of disabilities, both in the United States and in Canada, as well as to international human rights and to domestic private law?s protections of vulnerable populations. Her analyses of the relationship between our emotions and our thought and action has triggered a re-assessment of the legal regulation and recognition of emotion in a range of fields, most particularly in the field of criminal law; and her writing on the nature of dignity has informed an understanding of the emerging civil rights of gay and lesbian citizens worldwide. Our appreciation of the role of narrative in legal thought and discourse and the contributions of literature to law and legal culture, have also been broadened and deepened by her contributions. Taken together, and including the introduction by the editor, the essays collected in this volume demonstrate the far-reaching impact of Nussbaum?s philosophical oeuvre."--Provided by publisher Cover 1 Half Title 2 Title 4 Copyright 5 Contents 6 Acknowledgements 8 Series Preface 10 Introduction: Towards Humanistic Jurisprudence 12 PART I THE CAPABILITIES APPROACH 48 1 Michael Ashley Stein (2007), 'Disability Human Rights', California Law Review, 95, pp. 75–121. 50 2 Ravi Malhotra (2009), 'Martha Nussbaum's Capabilities Approach and Equality Rights for People with Disabilities: Rethinking the Granovsky Decision', Supreme Court Law Review, 45, pp. 61–90. 98 3 Alexander A. Boni-Saenz (2013), 'Personal Delegations', Brooklyn Law Review, 78, pp. 1231–78. 128 4 Ani B. Satz (2009), 'Animals as Vulnerable Subjects: Beyond Interest-Convergence, Hierarchy, and Property', Animal Law, 16, pp. 65–122. 176 5 Robin West (2015), 'Capabilities and Constitutions', Nussbaum and Law, Farnham: Ashgate, pp. 187–202. 234 PART II LAW AND EMOTIONS 250 6 Katharine K. Baker (2005), 'Gender and Emotion in Criminal Law', Harvard Journal of Law & Gender, 28, pp. 447–66. 252 7 Susan Bandes (1996), 'Empathy, Narrative, and Victim Impact Statements', University of Chicago Law Review, 63, pp. 361–412. 272 8 David Gray (2015), 'Justice and Mercy in the Face of Excessive Suffering: Some Preliminary Thoughts', Nussbaum and Law, Farnham: Ashgate, pp. 277–98. 324 PART III SEXUALITY, GENDER, FEMINISM AND LAW 346 9 Noa Ben-Asher (2014), 'Conferring Dignity: The Metamorphosis of the Legal Homosexual', Harvard Journal of Law & Gender, 37, pp. 243–84. 348 10 Tracey E. Higgins (2010), 'Feminism as Liberalism: A Tribute to the Work of Martha Nussbaum', Columbia Journal of Gender and Law, 19, pp. 65–87. 390 11 Robin West (2003), 'Human Capabilities and Human Authorities: A Comment on Martha Nussbaum's Women and Human Development', St Thomas Law Review, 15, pp. 757–90. 414 PART IV LAW AND LITERATURE 448 12 Elizabeth F. Emens (2011), 'Regulatory Fictions: On Marriage and Countermarriage', California Law Review, 99, pp. 235–72. 450 13 Kenji Yoshino (2005), 'The City and the Poet', Yale Law Journal, 114, pp. 1835–96. 488 Name Index 550