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10 - Law and Identity

An Unwieldy Dance

Published online by Cambridge University Press:  13 August 2021

Joseph E. David
Affiliation:
Sapir Academic College, Israel
Yaël Ronen
Affiliation:
Academic Center for Science and Law, Hod Hasharon, Israel
Yuval Shany
Affiliation:
Hebrew University of Jerusalem
J. H. H. Weiler
Affiliation:
New York University
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Summary

The chapter addresses the complex relationships between law and identity as a jurisprudential problem and as a constitutional concern. It examines several conceptual aspects of identity right claims without taking a stance in the identarian–dignitarian moral and political debate. It sheds light on a neglected facet of identity right claims: the feasibility of the notion of identity as a foundation for constitutional rights. The conceptual feasibility of identity right claims is independent of and unconcerned with the validity and accuracy of moral ideologies. The chapter discusses whether identity right claims are conceptually defensible on the basis of constitutional reasoning. It argues that the notion of identity not only is definitionally vague, but also is a metamorphic concept that suffers from unsteadiness.

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Publisher: Cambridge University Press
Print publication year: 2021

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