The Empowered Self Law and Society in the Age

This book examines the gradual emancipation of the individual in national and international law. It also looks at the changing social attitudes towards personal choice in constituting identity.

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

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

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The Empowered Self Law and Society in the Age of Individualism

Summary

Author Biography

Table of Contents

Supplemental Materials