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Caring Autonomy
European Human Rights Law and the Challenge of Individualism

AUD$138.95 inc GST

  • Date Published: April 2015
  • availability: Available
  • format: Hardback
  • isbn: 9781107081772

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  • Despite its absence in the written text of the European Convention on Human Rights, the European Court of Human Rights now regularly uses the concept of autonomy when deciding cases concerning assisted dying, sexuality and reproductive rights, self-determination, fulfilment of choices and control over body and mind. But is the concept of autonomy as expressed in the ECtHR reasoning an appropriate tool for regulating reproduction or medical practice? Caring Autonomy reveals and evaluates the type of individual the ECtHR expresses and shapes through its autonomy-based case law. It claims that from a social and ethical perspective, the current individualistic interpretation of the concept of autonomy is inadequate, and proposes a new reading of the concept that is rooted in the acknowledgment and appreciation of human interdependence and the importance of interpersonal trust and care.

    • Provides an alternative to human rights orthodoxy by raising questions about law's ability to convey and promote particular normative attitudes, dispositions and mores
    • Integrates material on individualisation, trust and care ethics, making this accessible to those unfamiliar with the law and practice of the ECtHR
    • Proposes a new framework for conceptualising autonomy under the ECtHR which will initiate the discussion of new ways of thinking about contentious issues and their framing by human rights law
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    Product details

    • Date Published: April 2015
    • format: Hardback
    • isbn: 9781107081772
    • length: 260 pages
    • dimensions: 229 x 152 x 16 mm
    • weight: 0.52kg
    • availability: Available
  • Table of Contents

    Introduction
    1. Choosing autonomy
    2. What informs the ECtHR? The origins of the concept of individual autonomy
    3. Expressions of individual autonomy
    4. Autonomy, individualisation and the emergence of the problem of trust
    5. Autonomy, law and trust
    6. Caring autonomy
    Conclusion.

  • Author

    Katri Lõhmus, University of Edinburgh
    Katri Lõhmus recently obtained her PhD in law from the University of Edinburgh. She was previously a legal counsel in the Constitutional Review Chamber of the Supreme Court of Estonia.

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