Redirecting Human Rights: Facing the Challenge of Corporate Legal Humanity

Redirecting Human Rights: Facing the Challenge of Corporate Legal Humanity

by A. Grear

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Overview

This book explores the implications of human embodiment for human rights law and theory. It reflects on the ethical significance of the link between human embodiment and our quintessential ontological vulnerability in an attempt to problematise corporate human rights claims.

Product Details

ISBN-13: 9781349359875
Publisher: Palgrave Macmillan UK
Publication date: 04/09/2010
Series: Global Ethics
Edition description: 1st ed. 2010
Pages: 271
Product dimensions: 5.51(w) x 8.50(h) x 0.02(d)

About the Author


ANNA GREARis Senior Lecturer in Law at Bristol Law School, UWE, UK. She is Head of the International Law and Human Rights Research Unit, part of the Centre for Legal Research at UWE. She is also the founder and Co-Editor-in-Chief of the Journal of Human Rights and the Environment.

Table of Contents

List of Abbreviations ix

International Instruments and Committee Reports x

Acknowledgements xiv

Foreword Upendra Baxi xv

Introduction 1

Chapter 1 Human Rights under Pressure? 7

The Universal Declaration of Human Rights paradigm under pressure 7

A brief assessment of corporate accountability to human rights standards 18

Chapter 2 Corporate Human Rights? 23

Liberal pragmatism and the corporate beneficiaries of the ECHR 23

Re-assessing arguments in favour of corporate human rights 31

Chapter 3 Law, Persons and Disembodiment 40

Quasi-disembodiment 41

Reflections on legal personality 45

Corporate personality theory 59

Personhood and property 65

Chapter 4 The Liberal Subject of Rights, Capitalism and the Corporation 68

Liberal law as a rationalising enterprise 68

The genesis of liberal rights and the liberal legal subject 70

The corporation and capitalism: Personification and ideology 84

Corporations: The ultimate legal person? 89

Chapter 5 A Genealogy of Quasi-Disembodiment in International Human Rights Law 96

Exclusions in the early construction of rights 98

The UDHR paradigm: Paradoxes of dis/embodiment 102

'The universal is male': The persistent marginality of women in international human rights law 104

Two competing conceptions of human rights? 110

Chapter 6 The Centrality of Human Embodiment 114

The centrality of embodiment 115

Embodied vulnerability 126

Chapter 7 Embodied Vulnerability and the Universal Declaration of Human Rights 137

Empathy, rights and embodiment: The eighteenth century 138

Empathy, rights and embodiment: The universal declaration of human rights 140

International rights: Bio-politics, sovereign power, bare life and the challenge for human rights: A critical reading of Article 14 UDHR 150

Embodied vulnerability and the UDHR rights: Conceptual issues 156

Towards the ethical reconstruction of human rights and the human rights subject 162

Chapter 8 Embodied Vulnerability and the Limits of Privatisation: Reconsidering Property and Human Rights 168

Property and the bifurcation of human rights discourse 168

Property: A contested concept under increasing pressure 171

Excludability and exclusion: Separating the analytical from the ideological 181

Re-imagining property: Inclusion, propriety and rights as 'what is due' 184

A case study: The right to water 191

Chapter 9 Some Brief Conclusory Thoughts and Future Research Directions 201

A brief aside on an important emergent and future challenge 202

Embodied human vulnerability and the UDHR - 'Minding the gap' 204

Notes 207

Bibliography 252

Index 265

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