Book contents
- Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
- Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
- Copyright page
- Contents
- Contributors
- Introduction
- 1 On Limits and Restrictions of Human Rights
- 2 Digital Surveillance, Meta Data and Foreign Intelligence Cooperation
- 3 Some Reflections upon Access to Justice, in the Transnational Setting, as a ‘Right to Law’
- 4 Human Rights Treaty Bodies as Standard-Setting Mechanisms
- 5 The Applicability of the Law of Occupation to UN Administration of Foreign Territory
- 6 The Responsibility of Businesses Operating in the Settlements in Occupied Territory
- 7 Occupational Hazards: Gender and the Law of Occupation in Israel-Palestine
- 8 Rule of Law De Jure and/or De Facto?
- 9 Political Liberalism in a Jewish and Democratic State
- 10 Law and Identity
- 11 David Kretzmer
- 12 David Kretzmer
- David Kretzmer: Selected Publications
- Index
10 - Law and Identity
An Unwieldy Dance
Published online by Cambridge University Press: 13 August 2021
- Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
- Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
- Copyright page
- Contents
- Contributors
- Introduction
- 1 On Limits and Restrictions of Human Rights
- 2 Digital Surveillance, Meta Data and Foreign Intelligence Cooperation
- 3 Some Reflections upon Access to Justice, in the Transnational Setting, as a ‘Right to Law’
- 4 Human Rights Treaty Bodies as Standard-Setting Mechanisms
- 5 The Applicability of the Law of Occupation to UN Administration of Foreign Territory
- 6 The Responsibility of Businesses Operating in the Settlements in Occupied Territory
- 7 Occupational Hazards: Gender and the Law of Occupation in Israel-Palestine
- 8 Rule of Law De Jure and/or De Facto?
- 9 Political Liberalism in a Jewish and Democratic State
- 10 Law and Identity
- 11 David Kretzmer
- 12 David Kretzmer
- David Kretzmer: Selected Publications
- Index
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.
Keywords
- Type
- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2021