Multiculturalism And The Law
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Multiculturalism And The Law
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Author : Australia. Law Reform Commission
language : en
Publisher:
Release Date : 1990
Multiculturalism And The Law written by Australia. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Cultural pluralism categories.
Multiculturalism And The Law
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Author :
language : en
Publisher:
Release Date : 1990
Multiculturalism And The Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with categories.
Legal Practice And Cultural Diversity
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Author : Ralph Grillo
language : en
Publisher: Routledge
Release Date : 2016-12-05
Legal Practice And Cultural Diversity written by Ralph Grillo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.
Cultural Diversity And The Law
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Author : Marie-Claire Foblets
language : en
Publisher:
Release Date : 2010
Cultural Diversity And The Law written by Marie-Claire Foblets and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Cultural pluralism categories.
Multiculturalism And International Law
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Author : Sienho Yee
language : en
Publisher: BRILL
Release Date : 2009-01-26
Multiculturalism And International Law written by Sienho Yee and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-26 with Law categories.
This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international organizations such as the ICJ, the ILC, the UN, and the ICC; and in the progressive development of substantive international law regarding issues such as anti-terrorism, cultural identity, the Danish cartoons controversy, indigenous peoples, and cultural exemptions at the WTO. With Forewords from Boutros Boutros-Ghali and Shigeru Oda, this authoritative volume contains contributions from 36 distinguished scholars from every continent of the world tackling multiculturalism and international law—an ever more topical issue—in honour of, appropriately, Edward McWhinney, an eminent scholar who has spent a substantial part of his life promoting multiculturalism.
Criminal Law And Cultural Diversity
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Author : Will Kymlicka
language : en
Publisher: OUP Oxford
Release Date : 2014-05-15
Criminal Law And Cultural Diversity written by Will Kymlicka and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-15 with Political Science categories.
The idea of a cultural defense in criminal law is often ridiculed as "multiculturalism run amok ". To allow someone charged with a crime to say "this is my culture " as an excuse for their action seems to open the door to cultural relativism, to jeopardize the protection of fundamental rights, and to undermine norms of individual responsibility. Many scholars, however, insist that cultural evidence is appropriate, indeed essential, for the fair operation of the criminal law. The criminal law is society's most powerful tool for regulating behaviour, and just for that reason we apply strong safeguards to ensure that criminal sanctions are applied in a fair way. When it comes to individuals, we want our rules for judging responsibility and punishment to track the actual blameworthiness of the specific individual being prosecuted for a specific action in the past. Cultural evidence may help improve our judgements of individual blameworthiness and desert; indeed, cultural evidence might even be necessary if the practice of punishing individuals is to be legitimate and equitable. According to its proponents, the use of cultural evidence when judging individual blameworthiness is a natural extension of the logic of existing criminal law doctrines regarding defences, and of the logic of current philosophical theories of responsibility and agency. This volume brings together scholars of both criminal law and philosophy to rigorously assess these ideas. Each of the chapters addresses a different dimension of the issue, from a range of perspectives, with varying degrees of sympathy or scepticism regarding cultural defences. The result is an important and original contribution to the literature. It explores why cultural diversity raises distinctive challenges in the criminal law context, not found in other domains of the multiculturalism debate, while also exploring how this particular context raises fundamental issues of agency and responsibility that are at the heart of broader debates in legal, social and political philosophy.
Cultural Diversity In International Law
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Author : Lilian Richieri Hanania
language : en
Publisher: Routledge
Release Date : 2014-04-24
Cultural Diversity In International Law written by Lilian Richieri Hanania and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-24 with Business & Economics categories.
The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) was adopted in 2005 and designed to allow States to protect and promote cultural policies. This book examines the effectiveness of the CDCE and offers ways by which its implementation may be improved to better attain its objectives. The book provides insight in how the normative character of the CDCE may be strengthened through implementation and increasingly recurrent practice based on its provisions. Hailing from various fields of international law, political and social sciences, the book’s contributors work to promote discussions on the practical and legal influence of the CDCE, and to identify opportunities and recommendations for a more effective application. Part One of the book assesses the effectiveness of the CDCE in influencing other areas of international law and the work conducted by other intergovernmental organizations through the recognition of the double nature (cultural and economic) of cultural goods and services. Part Two focuses on the practice of the CDCE beyond the recognition of the specificity of cultural goods and services in international law by addressing the CDCE’s call for greater international cooperation and stronger integration of cultural concerns in development strategies at the national and regional levels. The book will be of great use and interest to academics and practitioners in law, social and political sciences, agents of governmental and international organizations, and cultural sector stakeholders.
Multiculturalism
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Author :
language : en
Publisher:
Release Date : 1991
Multiculturalism written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with categories.
Group Rights As Human Rights
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Author : Neus Torbisco Casals
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-06-30
Group Rights As Human Rights written by Neus Torbisco Casals and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-30 with Law categories.
Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.
Multicultural Jurisdictions
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Author : Ayelet Shachar
language : en
Publisher: Cambridge University Press
Release Date : 2001-09-06
Multicultural Jurisdictions written by Ayelet Shachar 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 2001-09-06 with Law categories.
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