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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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Autonomy, Freedom and Rights

Emilio SantoroDepartment of History and Law, University of Florence, Italy

ISBN13: 9781402014048
ISBN: 140201404X
Published: July 2005
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print



Autonomy, viewed as a subject's autonomous designing of her own distinctive ""individuality"", is not a constitutive problem for liberal theory. Since its earliest formulations, liberalism has taken it for granted that protecting rights is a sufficient guarantee for the primacy of individual subjectivity. The most dangerous legacy of the ""hierarchical-dualist"" representation of the subject is the primacy given to reason in defining an individual's identity.;For the author, freedom is not a fixed measure. It is not the container of powers and rights defining an individual's role and identity. It is rather the outcome of a process whereby individuals continuously re-define the shape of their individuality. Freedom is everything that each of us manages to be in his or her active and uncertain opposition to external ""pressures"".