Law And Ethnic Plurality
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Law And Ethnic Plurality
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Author : Prakash Shah
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2007
Law And Ethnic Plurality written by Prakash Shah and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The large-scale establishment of ethnic minorities and diasporic communities in Europe has gained the attention of social science scholars for a number of decades now. However, legal interest in this field has remained relatively underdeveloped, and few scholars have addressed emerging legal issues to any significant degree. This collection of contributions by leading writers in the field of ethnic migration and diaspora studies therefore provides some important interdisciplinary perspectives of how ethnic/diasporic minorities in British and European contexts interact with the official legal system. This volume makes a significant contribution in assessing the role of law in current debates on the integration of ethnic and religious minorities of migrant origin in the EU. The chapters derive from papers first delivered at a lecture series on 'Cultural Diversity and Law' at the Institute of Advanced Legal Studies. The contributors' disciplinary interests range across law, anthropology, sociology, geography and political theory, and each one addresses the issues within his or her field of study by adopting approaches that place law within its wider social and political context. The topics covered range from a number of 'public' and 'private' law issues as well as the more conceptual realms of jurisprudence. They include marriage laws, approaches to dispute resolution, the role of courts and juries in the criminal justice system, drugs policies and the criminalisation of minorities, free speech and blasphemy, planning laws and the construction of religious buildings, composition of the judiciary, the normative foundations of cultural diversity in law, and integration and law. Thecompilation should therefore attract an interest beyond its core readership in law, making legal issues accessible to a whole range of students and policy makers within the social sciences.
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.
Law And Society In Malaysia
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Author : Andrew Harding
language : en
Publisher: Routledge
Release Date : 2018-01-02
Law And Society In Malaysia written by Andrew Harding and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-02 with Social Science categories.
This book provides a systematic and interdisciplinary examination of law and legal institutions in Malaysia. It examines legal issues from historical, social, and political perspectives, and discusses the role of law in relation to Malaysian multiculturalism, religion, politics, and society. It shows how the Malaysian legal system is at the heart of debates about how to deal with the country's problems, which include ethnic and religious divisions, uneven and unsustainable development, and political authoritarianism; and it argues that the Malaysian legal system has much to teach other plural polities, nations within the common law tradition, and federal states.
Preliminary Reflections On Teaching About Ethnic Minorities In Law
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Author : Prakash Shah
language : en
Publisher:
Release Date : 2009
Preliminary Reflections On Teaching About Ethnic Minorities In Law written by Prakash Shah and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
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.
Ethnicity Law And Human Rights
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Author : Sebastian Poulter
language : en
Publisher: Oxford University Press, USA
Release Date : 1998
Ethnicity Law And Human Rights written by Sebastian Poulter and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Cultural pluralism categories.
Recent world events have demonstrated anew that a majority of modern states do not reflect single nations, rather they are ethnically heterogeneous in character and possess profound religious, linguistic, and cultural divisions. Ethnicity, Law, and Human Rights: The English Experience is the first in-depth analysis of the interaction between the cultural traditions of Britains ethnic minorities and English law. It explores the policies and principles which should govern the response ofEnglish law to ethnic diversity and tests them by reference to six detailed and illuminating case studies exploring specific issues of major cultural concern to a particular minority community, from animal welfare to cannabis consumption. The continuing global upsurge in novel assertions of ethnicity and the books many references to human rights law, as well as to other legal systems, make for a timely analysis set in a broad international context. The book will be of particular interest toscholars of civil liberties and human rights law, those interested in ethnic studies, and to race relations professionals.
Ethnic Minority Legal Studies
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Author : Werner Menski
language : en
Publisher:
Release Date : 2010-11-01
Ethnic Minority Legal Studies written by Werner Menski and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with categories.
This volume traces the development of the management of cultural diversity and legal pluralism and shows how certain continuities and discontinuities have been developing over time.
Human And Minority Rights Protection By Multiple Diversity Governance
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Author : Joseph Marko
language : en
Publisher: Routledge
Release Date : 2019-03-04
Human And Minority Rights Protection By Multiple Diversity Governance written by Joseph Marko and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-04 with Political Science categories.
Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.
The Challenges Of Justice In Diverse Societies
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Author : Meena K. Bhamra
language : en
Publisher: Routledge
Release Date : 2016-04-01
The Challenges Of Justice In Diverse Societies written by Meena K. Bhamra and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-01 with Law categories.
In the urgency to respond to the challenges posed by diversity in contemporary societies, the discussion of normative foundations is often overlooked. This book takes that important first step, and offers new ways of thinking about diversity. Its contribution to an ongoing dialogue in this field lies in the construction of a normative framework which endeavours to better understand the challenges of justice in diverse societies. By applying this normative framework to specific and broader examples of injustices in the spheres of religion, culture, race, ethnicity, gender and nationality, the book demonstrates how constitutional pluralist discourses can contribute both to new and legal responses to diversity. The book will be of interest to legal professionals, policy makers, law students and scholars concerned with exploring diversity in the 21st century.
Unity In Diversity
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Author : Christophe van der Beken
language : en
Publisher: LIT Verlag Münster
Release Date : 2012
Unity In Diversity written by Christophe van der Beken and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Central government categories.
This book argues that the development of federalism in Ethiopia fits in with a global trend towards increased attention to ethnic minority rights and to federalism as a mechanism for ethnic conflict prevention and management. The Ethiopian federation is designed as a framework within which the Ethiopian ethnic groups can protect their rights and within which they are stimulated to develop a cooperative relationship. To put it differently, the constitutional objective of the federal structure is the creation of 'unity in diversity.' The book evaluates the capacity of Ethiopian federalism to achieve this objective by investigating the relevant historical, political, and legal aspects. (Series: Recht und Politik in Afrika/Law and Politics in Africa - Vol. 10)