Cultural Pluralism Identity Politics And The Law
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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.
Emancipating Cultural Pluralism
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Author : Cris E. Toffolo
language : en
Publisher: State University of New York Press
Release Date : 2012-02-01
Emancipating Cultural Pluralism written by Cris E. Toffolo and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with Social Science categories.
Combining detailed case studies with discussions of deeper theoretical controversies, Emancipating Cultural Pluralism investigates both the benign and harmful aspects of identity politics. This provocative collection delves into some of the most difficult issues of cultural pluralism, such as what accounts for the immense power of identity politics, whether identity politics can be inherently good or evil, whether states are the right institutions to deal with ethnic conflict, the prevention of genocide, the value of devolving power to the local level, and more. The contributions are united by the conviction that more attention needs to be paid to the normative issues associated with various expressions of cultural pluralism, for the ethical implications of the phenomena are too profound to be ignored.
Law Justice Democracy And The Clash Of Cultures
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Author : Michel Rosenfeld
language : en
Publisher: Cambridge University Press
Release Date : 2011-09-26
Law Justice Democracy And The Clash Of Cultures written by Michel Rosenfeld and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-26 with Law categories.
The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies.
Multicultural States
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Author : David Bennett
language : en
Publisher: Psychology Press
Release Date : 1998
Multicultural States written by David Bennett and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with History categories.
Multicultural States challenges the national frames of reference of the debates which surround questions of ethnicity, race and cultural difference by investigating contemporary theories, policies and practices of cultural pluralism across eight countries with historical links in British colonialism: the USA, Canada, Australia, New Zealand, India, South Africa, Ireland and Britain. Written as history, theory, autobiography and political polemic, Multicultural States combines general theoretical discussions of the principles of cultural pluralism, nationalism, and minority identities with informative studies of specific local histories and political conflicts.
The Politics Of Cultural Pluralism
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Author : Crawford Young
language : en
Publisher: Univ of Wisconsin Press
Release Date : 1979
The Politics Of Cultural Pluralism written by Crawford Young and has been published by Univ of Wisconsin Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Political Science categories.
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.
Communities And Law
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Author : Gad Barzilai
language : en
Publisher: University of Michigan Press
Release Date : 2010-02-05
Communities And Law written by Gad Barzilai 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 2010-02-05 with Law categories.
Communities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures. Gad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues. Gad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University.
The Claims Of Culture
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Author : Seyla Benhabib
language : en
Publisher: Princeton University Press
Release Date : 2002
The Claims Of Culture written by Seyla Benhabib and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Culture categories.
Analysing in detail the transformation of citizenship practices in European Union countries, Benhabib concludes that flexible citizenship, certain kinds of legal pluralism and models of institutional powersharing are quite compatible with deliberative democracy, as long as they are in accord with egalitarian reciprocity, voluntary self-ascription and freedom of exit and association.
Changing The Basis Of Citizenship In The Modern State
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Author : Hakan G. Sicakkan
language : en
Publisher:
Release Date : 2005
Changing The Basis Of Citizenship In The Modern State written by Hakan G. Sicakkan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
How should political institutions transform their conceptions of membership in order to include diverse modes of belonging is one of the most important questions for a normative theory of multiculturalism? The essays in this book, authored by scholars from several European universities, propose answers to this question.
Multiculturalism And Law
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Author : Omid A. Payrow Shabani
language : en
Publisher:
Release Date : 2007
Multiculturalism And Law written by Omid A. Payrow Shabani and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The increasing diversity of liberal-democratic states and corresponding demands of recognition by cultural and minority groups have forced political theorists of various camps to reformulate their accounts of how to approach the goals of social cohesion and political solidarity. The adoption of difference-sensitive laws and policies has brought back the old worry about the stability and unity of political association. We are in a new era, where problems of stability and solidarity are different from similar problems prior to multiculturalism. Critics ask, if different cultural identities are recognized and accommodated, what would keep political society from disintegrating? How can the practice of law-making help us confront the challenges of stability and solidarity in the post-recognition era? This volume explores the complexity of the challenge and produces a series of proposals as a solution that is concrete enough to lend itself to the formulation of appropriate law and policy-making in diverse societies. It will be of great interest to a wide range of scholars in philosophy, political science, law, and sociology, who work on issues of political identity, cultural diversity, and ideals of stability and solidarity. It will also be of interest to policy-makers who are concerned about issues of promoting equality, inclusion and solidarity in diverse democratic societies.