Describes the concept of the relational self and its potential significance to the law.

Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.

At the heart of relational theory lies the idea that the human self is fundamentally constituted in terms of its relations to others. For relational theorists, the self not only lives in relationship with and to others, but also owes its very existence to such relationships. In this groundbreaking collection, leading relational theorists explore core moral and metaphysical concepts, while health law and policy scholars respond by analyzing how such considerations might apply to more practical areas of concern. Innovative and self-reflexive, Being Relational brings a powerful theoretical framework to health law and policy studies. In so doing, it makes a bold contribution to scholarship and will appeal to a broad range of thinkers, especially those with an interest in social justice, and who seek to understand the complex ways in which power is created and sustained relationally.

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts. This collection will be of interest to a wide academic readership in philosophy, law, psychology and criminology.

In this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity. Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores how the assumptions of modern copyright result in law that frequently restricts the kinds of expressive activities it ought to encourage. In contrast, Carys Craig proposes a relational theory of copyright based on a dialogic account of authorship, and guided by the public interest in a vibrant, participatory culture. Through a critical examination of the doctrines of originality and fair dealing, as well as the relationship between copyright and freedom of expression, she explores how this relational theory of copyright law could further the public purposes of the copyright system and the social values it embodies. This unique and insightful study will be of great interest to students and scholars of intellectual property, communications, cultural studies, feminist theory and the arts and humanities.

This book builds on two current developments in psychology scholarship and practice. The first centers on broad discontent with the individualist tradition in which the rational agent, or autonomous self, is considered the fundamental atom of social life. Critique of individualism spring not only from psychologists working in the academy, but also from communities of therapy and counseling. The second, and related development from which this work builds, is the search for alternatives to individualist understanding. Thus, therapists such as Steve Mitchell, along with feminists at the Stone Center, expand the psychoanalytic tradition to include a relational orientation to therapy. The present volume will give voice to the critique of individualism, but its major thrust is to develop and illustrate a far more radical and potentially exciting landscape of relational thought and practice that now exists. Most existing attempts to build a relational foundation remain committed to a residual form of individualist psychology. The present work carves out a space of understanding in which relational process stands prior to the very concept of the individual. More broadly, the book attempts to develop a thoroughgoing relational account of human activity. In doing so, Gergen reconstitutes 'the mind' as a manifestation of relationships and bears out these ideas in a range of everyday professional practices, including family therapy, collaborative classrooms, and organizational psychology.

An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.