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Law and Anthropology$
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Michael Freeman and David Napier

Print publication date: 2009

Print ISBN-13: 9780199580910

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199580910.001.0001

ContentsFRONT MATTER

Relating to the Subjects of Human Rights: The Culture of Agency in Human Rights Discourse

Chapter:
(p. 385 ) 15 Relating to the Subjects of Human Rights: The Culture of Agency in Human Rights Discourse
Source:
Law and Anthropology
Author(s):

Sally Engle Merry

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199580910.003.0015

The notion of agency is deeply enshrined in human rights discourse. This chapter argues that human rights discourse, particularly with reference to women, relies on a particular understanding of agency. It seeks to promote women's agency at the same time as it establishes borders beyond which consent is impossible. By discussing several empirical cases where agency is restricted because vulnerable victims must be protected, the chapter seeks to winnow out the subjectivity that is under construction. It does not argue that every society has the right to its own values, in a relativist way. Instead, it views human rights discourse as culturally productive, aiming to foster a certain kind of personhood through its practices of protection.

Keywords:   human rights discourse, women's rights, women's agency

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