American Cultural Pluralism And Law
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American Cultural Pluralism And Law
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Author : Jill Norgren
language : en
Publisher: Praeger
Release Date : 2006-07-30
American Cultural Pluralism And Law written by Jill Norgren and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-30 with Law categories.
Previous editions published : 1996 (2nd) and 1988 (1st).
American Cultural Pluralism And Law
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Author : Jill Norgren
language : en
Publisher: Greenwood
Release Date : 1996
American Cultural Pluralism And Law written by Jill Norgren and has been published by Greenwood this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
This new and updated edition of Norgren and Nanda's classic text brings their examination of American cultural pluralism and the law up to date through the Clinton administration. While maintaining their emphasis on the concept of cultural diversity as it relates to the law in the United States, new and updated chapters reflect recent relevant court cases bearing on culture, race, gender, and class, with particular attention paid to local and state court opinions. Drawing on court materials, statutes and codes, and legal ethnographies, the text analyzes the ongoing negotiations and accommodations via the mechanism of law between culturally different groups and the larger society. An important text for courses in American government, society and the law, cultural studies, and civil rights.
Cultural Pluralism Identity Politics And The Law
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Author : Austin Sarat
language : en
Publisher: University of Michigan Press
Release Date : 2014-05-14
Cultural Pluralism Identity Politics And The Law written by Austin Sarat and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Law categories.
We are witnessing in the last decade of the twentieth century more frequent demands by racial and ethnic groups for recognition of their distinctive histories and traditions as well as opportunities to develop and maintain the institutional infrastructure necessary to preserve them. Where it once seemed that the ideal of American citizenship was found in the promise of integration and in the hope that none of us would be singled out for, let alone judged by, our race or ethnicity, today integration, often taken to mean a denial of identity and history for subordinated racial, gender, sexual or ethnic groups, is often rejected, and new terms of inclusion are sought. The essays in Cultural Pluralism, Identity Politics, and the Law ask us to examine carefully the relation of cultural struggle and material transformation and law's role in both. Written by scholars from a variety of disciplines and theoretical inclinations, the essays challenge orthodox understandings of the nature of identity politics and contemporary debates about separatism and assimilation. They ask us to think seriously about the ways law has been, and is, implicated in these debates. The essays address questions such as the challenges posed for notions of legal justice and procedural fairness by cultural pluralism and identity politics, the role played by law in structuring the terms on which recognition, accommodation, and inclusion are accorded to groups in the United States, and how much of accepted notions of law are defined by an ideal of integration and assimilation. The contributors are Elizabeth Clark, Lauren Berlant, Dorothy Roberts, Georg Lipsitz, and Kenneth Karst.
American Cultural Pluralism And Law
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Author : Jill Norgren
language : en
Publisher: Greenwood
Release Date : 1988
American Cultural Pluralism And Law written by Jill Norgren and has been published by Greenwood this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Cultural pluralism categories.
This new and updated edition of Norgren and Nanda's classic text brings their examination of American cultural pluralism and the law up to date through the Clinton administration. While maintaining their emphasis on the concept of cultural diversity as it relates to the law in the United States, new and updated chapters reflect recent relevant court cases bearing on culture, race, gender, and class, with particular attention paid to local and state court opinions. Drawing on court materials, statutes and codes, and legal ethnographies, the text analyzes the ongoing negotiations and accommodations via the mechanism of law between culturally different groups and the larger society. An important text for courses in American government, society and the law, cultural studies, and civil rights.
Courts Pluralism And Law In The Everyday
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Author : Cinzia Piciocchi
language : en
Publisher:
Release Date : 2023
Courts Pluralism And Law In The Everyday written by Cinzia Piciocchi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Courts categories.
"This book examines the everyday judicial experience in four multicultural jurisdictions as a means of exploring the relationship between legal systems and cultural identities. Increasing social heterogeneity has deeply affected legal systems as courts and parliaments must now deal with a growing rate of cases concerning cultural pluralism. Headline grabbing disputes usually concern challenges to fundamental rights and principles which may be put at risk by some religious or cultural practices. These are difficult issues questioning the compatibility between some cultural and religious practices and constitutional values. However, much of the interaction between law and cultural pluralism also concerns daily life activities, which do not necessarily challenge fundamental rights. This book deals with food, clothing and days of rest: three expressions of both human needs and identity, which are based on ethnic origin, tradition, culture, religion or, simply, taste. The volume looks at the intersection between these choices and constitutional rights such as religious liberty, or freedom of expression. It aims to understand how the state legal system deals with them and when non-mainstreaming behaviours are accommodated. Four legal systems are taken into consideration: the United States of America, Canada, Franc, and Italy, exploring similarities and differences in facing cultural diversity around these quotidian issues. The book pays particular attention to the places where diversity is most apparent and also considers the choices that are not based on religious precepts, but rather on "personal philosophy". The book will be of interest to researchers, academics and policy-makers working in the areas of Constitutional Law, Law and Cultural Diversity, Human Rights, Minority Rights and Discrimination Law"--
To Be An American
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Author : Bill Ong Hing
language : en
Publisher: NYU Press
Release Date : 2000
To Be An American written by Bill Ong Hing and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
The impetus behind California's Proposition 187 clearly reflects the growing anti-immigrant sentiment in this country. Many Americans regard today's new immigrants as not truly American, as somehow less committed to the ideals on which the country was founded. In clear, precise terms, Bill Ong Hing considers immigration in the context of the global economy, a sluggish national economy, and the hard facts about downsizing. Importantly, he also confronts the emphatic claims of immigrant supporters that immigrants do assimilate, take jobs that native workers don't want, and contribute more to the tax coffers than they take out of the system. A major contribution of Hing's book is its emphasis on such often-overlooked issues as the competition between immigrants and African Americans, inter-group tension, and ethnic separatism, issues constantly brushed aside both by immigrant rights groups and the anti-immigrant right. Drawing on Hing's work as a lawyer deeply involved in the day-to-day life of his immigrant clients, To Be An American is a unique blend of substantive analysis, policy, and personal experience.
Law Cultural Diversity And Criminal Defense
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Author : Craig L. Carr
language : en
Publisher: Routledge
Release Date : 2018-07-27
Law Cultural Diversity And Criminal Defense written by Craig L. Carr and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Law categories.
American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.
Legal Pluralism In Conflict
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Author : Prakash Shah
language : en
Publisher: Routledge
Release Date : 2016-09-17
Legal Pluralism In Conflict written by Prakash Shah and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-17 with Law categories.
Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.
The Future Of Tradition
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Author : Leon Shaskolsky Sheleff
language : en
Publisher: Routledge
Release Date : 2013-09-05
The Future Of Tradition written by Leon Shaskolsky Sheleff and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-05 with History categories.
"First Published in 2000, Routledge is an imprint of Taylor & Francis, an informa company."
Cultural Pluralism And Dilemmas Of Justice
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Author : Monique Deveaux
language : en
Publisher: Cornell University Press
Release Date : 2018-10-18
Cultural Pluralism And Dilemmas Of Justice written by Monique Deveaux and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-18 with Political Science categories.
How should democratic societies define justice for cultural minority groups, and how might such justice be secured? This book is a nuanced and judicious response to a critical issue in political theory—the challenge of according equal respect and recognition to minority groups and accommodating their claims for special cultural rights and arrangements.Monique Deveaux contends that liberal theorists fail to grant enough importance to identity and the content of cultural life in their attempts to conceive of political institutions for plural societies. She takes to task the spectrum of theories on pluralism, from weak and strong theories of tolerance through neutralist liberalism to comprehensive liberalism, and finally to arguments for deliberative politics that build on Jürgen Habermas's discourse ethics. The solution proposed here is "deliberative liberalism," which incorporates both critically reconceived principles of deliberative democracy and central liberal norms of consent and respect. Cultural conflicts in democratic societies include clashes involving Aboriginal peoples, ethnic and linguistic minorities, and recent immigrant groups in Europe, North America, and Australia. Drawing on examples from several countries, Deveaux concludes that genuine respect and recognition for cultural minorities requires full inclusion in existing institutions and the right to help shape the political culture of their own societies through democratic dialogue and deliberation.