The Empowered Self Law and Society in an Age of Individualism

by Franck, Thomas M.

• ISBN13: 9780198298410
• ISBN10: 0198298412
• Format: Hardcover
• Copyright: 2000-04-20
• Publisher: Oxford University Press

Summary

This book examines the gradual emancipation of the individual in national and international law and the changing social attitudes towards personal choice in constituting identity. It demonstrates that this desire of persons for choice is not limited to Western industrial society but a historical development powered by such independent variables as urbanization, the communications revolution, education, and economic development.

Author Biography

Thomas Franck is Professor of Law and Director of the Center for International Studies at New York University

Table of Contents

Tribe, Nation, State: Traditional Forms of Imposed Identity	1	(20)
The Thesis	1	(2)
Why We Ask Who We Are Now	3	(3)
The Traditional Categories of Identity: Nations and States	6	(11)
The Many Faces of Nationalism	17	(4)
The Dreary Future of Imposed Identity: A World of 2,000 States?	21	(17)
Nationalism as Identity Today	21	(4)
A World of 2,000 Nation-States	25	(4)
The Global System as Paradox	29	(6)
Counter-Indications: The Emerging Self in Self-Determination	35	(3)
A Different Future: Individualism as Identity	38	(23)
Identity in the Post-Cold War Era	38	(2)
One-Size-Fits-All Identity	40	(4)
The Values Underlying Identity Choices	44	(5)
The Ebb and Flow of Affinity: Some Hypotheses	49	(2)
Multivariegated Identity and Loyalty	51	(1)
Loyalty Referents	52	(7)
Exclusive/Inclusive Loyalty Compacts	59	(2)
Citizenship: An Instance of Identity as a Personal Act of Self-Determination	61	(15)
Multiple Loyalty References	61	(2)
Multiple Citizenship	63	(11)
Autonomy Versus Anomie	74	(2)
Community Based on Personal Autonomy	76	(25)
From Traditional Community to Personal Autonomy	76	(7)
Personal Autonomy's Critics	83	(2)
From Personal Autonomy to New Community	85	(10)
The Language and Culture Problem	95	(3)
What Is Emerging: Post Post-Modernity	98	(3)
Freedom of Conscience: A `Western' Value?	101	(49)
The Autonomous Conscience	101	(1)
The Postwar Empowering of Individual Conscience	101	(3)
Origins, Forces, and Factors	104	(5)
The Opposition to Freedom of Conscience	109	(6)
The Latitudinal Evidence	115	(8)
The Longitudinal Evidence of History	123	(18)
The Road to Toleration: Historic Parallels and Independent Variables	141	(4)
Conclusions	145	(5)
Constructing the Self: Name, Gender, Career, and Privacy	150	(46)
Introduction	150	(1)
Personal Autonomy in Choice of Name	151	(11)
Personal Choice and Adaption of Sexual Identity	162	(15)
Personal Autonomy in Choice of Career	177	(14)
A Right to Privacy?	191	(5)
The Individual as Emerging Rights-Holder	196	(28)
From Ward of the State to Shareholder in a Global System	196	(6)
The ICCPR System and Its Progeny	202	(12)
Tackling Underlying Social and Economic Causes of Victimization	214	(3)
The Resolution 1503 System	217	(1)
Human Rights Responsibility of the World Bank	218	(2)
Some Protective Commonalities	220	(1)
Organizing the Shareholders: Networks for the Protection of Personal Autonomy	221	(3)
The Individual against the Group	224	(31)
Triad: the State, the Group, and the Individual	224	(1)
Equality vs. Autonomy in Group Rights Strategy	225	(3)
The League Regime of Group Rights	228	(7)
The United Nations Regime of Autonomous Individual Rights: A Challenge to Both Groups and States	235	(6)
The Zeitgeist and the New Triad	241	(3)
Group-Rights Claimants and Individualists: the Contrast	244	(2)
Principles and Fulcrums: Reaching Triadial Balance	246	(6)
Moral Priority of Individual Rights	252	(3)
Personal Freedom, Personal Responsibility, and their Democratic Reconciliation	255	(23)
Freedom From/Freedom To	255	(5)
Discursive Requisite/Democratic Entitlement	260	(2)
The Etymology of Democracy	262	(1)
The Normativity of Democracy	263	(4)
Monitoring Compliance with the Democratic Entitlement	267	(5)
Enforcing Democracy	272	(3)
When Democracy Is Not Enough	275	(1)
Conclusions	276	(2)
Summing Up	278	(9)
Index	287