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Law's RelationsA Relational Theory of Self, Autonomy, and Law$
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Jennifer Nedelsky

Print publication date: 2012

Print ISBN-13: 9780195147964

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780195147964.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 September 2021

The Multidimensional Self and the Capacity for Creative Interaction

The Multidimensional Self and the Capacity for Creative Interaction

(p.158) 4 The Multidimensional Self and the Capacity for Creative Interaction
Law's Relations

Jennifer Nedelsky

Oxford University Press

The Multi-dimensional Self and the Capacity for Creative Interaction In addition to being relational, the “multi-dimensional self” is particular, embodied and capable of emotion in ways centrally related to the capacity for reason and autonomy. I argue that this concept of the human self is more appropriate for law than the traditional “rational agent”—with its inadequate conceptions of both rationality and agency. I show how relational conceptions of the self and autonomy help with the troubled issue of assigning legal responsibility to women who kill a battering partner who has threatened to kill them. I then address the wider question of how a relational approach complicates the question of responsibility. I also offer examples of how issues of rights are better understood with a fully embodied conception of the self. Equality is reframed in the context of the multi-dimensional self, and autonomy as part of a capacity for creation. Finally, a “Coda” acknowledges that my argument has drawn an exclusionary boundary: including human beings and excluding all other life forms in its engagement with equality, law, and rights. There is a sketch of how a relational approach can contribute to the necessary reflections on wise and respectful relations with all of the earth (and, indeed, the universe).

Keywords:   emotion, reason, rational agent, embodied, battered women, creativity, equality, rights, law, animals

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