Cultural Pluralism Identity Politics And The Law

Author : Austin Sarat,Thomas R. Kearns
Publisher : University of Michigan Press
Page : 194 pages
File Size : 44,5 Mb
Release : 2014-05-14
Category : Law
ISBN : 0472023764

Get Book

Cultural Pluralism, Identity Politics, and the Law by Austin Sarat,Thomas R. Kearns Pdf

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.

Author : Cris E. Toffolo
Publisher : State University of New York Press
Page : 304 pages
File Size : 50,5 Mb
Release : 2012-02-01
Category : Social Science
ISBN : 0791487490

Get Book

Emancipating Cultural Pluralism by Cris E. Toffolo Pdf

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.

Author : Crawford Young
Publisher : Univ of Wisconsin Press
Page : 580 pages
File Size : 43,9 Mb
Release : 1979
Category : Political Science
ISBN : 0299067440

Get Book

The Politics of Cultural Pluralism by Crawford Young Pdf

Author : Jill Norgren,Serena Nanda
Publisher : Praeger
Page : 308 pages
File Size : 47,6 Mb
Release : 2006-07-30
Category : Law
ISBN : STANFORD:36105064121069

Get Book

American Cultural Pluralism and Law by Jill Norgren,Serena Nanda Pdf

Previous editions published : 1996 (2nd) and 1988 (1st).

Author : Michel Rosenfeld
Publisher : Cambridge University Press
Page : 337 pages
File Size : 45,7 Mb
Release : 2011-09-26
Category : Law
ISBN : 9781139502542

Get Book

Law, Justice, Democracy, and the Clash of Cultures by Michel Rosenfeld Pdf

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.

Author : Olaf Kaltmeier
Publisher : Routledge
Page : 128 pages
File Size : 50,8 Mb
Release : 2017-07-05
Category : Political Science
ISBN : 9781351541930

Get Book

The New Dynamics of Identity Politics in the Americas by Olaf Kaltmeier Pdf

Multiculturalism has shaped identity politics in the Americas over the past decades, as illustrated by politics of recognition, affirmative action, and increasing numbers of internationally recognized cultural productions by members of ethnic minorities. Hinting at postcolonial legacies in political rhetoric and practice multiculturalism has also served as a driving force behind social movements in the Americas. Nevertheless, in current academic discussions and public debates on migration, globalization and identity politics, concepts like new ethnicities, ethnic groupism, creolization, hybridity, mestizaje, diasporas, and "post-ethnicity" articulate positionings that are profoundly changing our understanding of "multiculturalism." Combining theoretical reflections with case studies the aim of this book is to demonstrate the current dynamics of (post-) multicultural politics in the Americas.This book was based on a special issue of Latin American and Caribbean Ethnic Studies.

Author : David Bennett
Publisher : Psychology Press
Page : 324 pages
File Size : 42,9 Mb
Release : 1998
Category : History
ISBN : 0415121590

Get Book

Multicultural States by David Bennett Pdf

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.

Author : Monique Deveaux
Publisher : Cornell University Press
Page : 220 pages
File Size : 45,5 Mb
Release : 2018-10-18
Category : Political Science
ISBN : 9781501723759

Get Book

Cultural Pluralism and Dilemmas of Justice by Monique Deveaux Pdf

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.

Author : Alan C. Cairns,John C. Courtney,Peter MacKinnon
Publisher : McGill-Queen's Press - MQUP
Page : 300 pages
File Size : 51,8 Mb
Release : 1999-12-01
Category : Social Science
ISBN : 9780773568020

Get Book

Citizenship, Diversity, and Pluralism by Alan C. Cairns,John C. Courtney,Peter MacKinnon Pdf

In Citizenship, Diversity, and Pluralism leading scholars assess the transformation of these two dimensions of citizenship in increasingly diverse and plural modern societies, both in Canada and internationally. Subjects addressed include the changing ethnic demography of states, social citizenship, multiculturalism, feminist perspectives on citizenship, aboriginal nationalism, identity politics, and the internationalization of human rights. Contributors include Heribert Adam (Simon Fraser), Keith Banting (Queen's), Anthony Birch (emeritus, Victoria), John Borrows (UBC), Alan Cairns, Walker Connor (Trinity College), John Erik Fossum (LOS?Senteret, Norway), Virginia Leary (emeritus, SUNY), Denise Réaume (Toronto), Lynn Smith (justice, BC Supreme Court), Charles Taylor (emeritus, McGill), and Jeremy Webber (Sydney, Australia).

Author : Masaji Chiba
Publisher : Unknown
Page : 258 pages
File Size : 49,6 Mb
Release : 1989
Category : Cultural pluralism
ISBN : UCAL:B3511355

Get Book

Legal Pluralism by Masaji Chiba Pdf

Author : Seyla Benhabib
Publisher : Unknown
Page : 245 pages
File Size : 53,5 Mb
Release : 2002
Category : Political Science
ISBN : 0691048622

Get Book

The Claims of Culture by Seyla Benhabib Pdf

How can liberal democracy best be realized in a world fraught with conflicting new forms of identity politics and intensifying conflicts over culture? This book brings unparalleled clarity to the contemporary debate over this question. Maintaining that cultures are themselves torn by conflicts about their own boundaries, Seyla Benhabib challenges the assumption shared by many theorists and activists that cultures are clearly defined wholes. She argues that much debate--including that of "strong" multiculturalism, which sees cultures as distinct pieces of a mosaic--is dominated by this faulty belief, one with grave consequences for how we think injustices among groups should be redressed and human diversity achieved. Benhabib masterfully presents an alternative approach, developing an understanding of cultures as continually creating, re-creating, and renegotiating the imagined boundaries between "us" and "them." Drawing on contemporary cultural politics from Western Europe, Canada, and the United States, Benhabib develops a double-track model of deliberative democracy that permits maximum cultural contestation within the official public sphere as well as in and through social movements and the institutions of civil society. Agreeing with political liberals that constitutional and legal universalism should be preserved at the level of polity, she nonetheless contends that such a model is necessary to resolve multicultural conflicts. Analyzing 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. The Claims of Culture offers invaluable insight to all those, whether students or scholars, lawyers or policymakers, who strive to bridge the gap between the theory and practice of cultural politics in the twenty-first century.

Author : Jacob T. Levy,Tomlinson Professor of Political Theory Jacob T Levy
Publisher : Oxford University Press on Demand
Page : 279 pages
File Size : 45,8 Mb
Release : 2000-08-17
Category : Political Science
ISBN : 9780198297123

Get Book

The Multiculturalism of Fear by Jacob T. Levy,Tomlinson Professor of Political Theory Jacob T Levy Pdf

The Multiculturalism of Fear argues for a liberal account of multiculturalism which draws on a liberalism of fear like that articulated by Judith Shklar and inspired by Montesquieu. Liberalism should not be centrally concerned either with preserving or with transcending cultural communities, practices, and identities. Rather, it should focus on mitigating evils such as inter-ethnic civil wars, cruel practices internal to cultural communities, and state violence againstethnic minorities. This 'multiculturalism of fear' must be grounded in the realities of ethnic politics and ethnic conflict. It must therefore take seriously the importance which persons feel their ethnic identities and cultural practices to have, without falling into a celebration of cultural belonging.Levy argues against nationalist and multicultural theories that accord significant moral weight to cultural communities as such. Yet he also insists that the challenges of life in a multicultural world cannot be met without a recognition of the importance that particularist identities and practices have to individual persons and to social life.The book applies the multiculturalism of fear to a variety of policy problems confronting multiethnic states. These include the regulation of sexist practices internal to cultural communities; secession and national self-determination; land rights; customary law; and the symbols and words used by the state, including official apologies. It draws on cases from such diverse states as Australia, Canada, Israel, India, South Africa, and the United States.

Author : Prakash Shah
Publisher : Routledge Cavendish
Page : 0 pages
File Size : 42,6 Mb
Release : 2014-08-14
Category : Ethnic groups
ISBN : 1138002186

Get Book

Legal Pluralism in Conflict by Prakash Shah Pdf

Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. It 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.

Author : Wouter de Been,P. Arora,M. Hildebrandt
Publisher : Springer
Page : 245 pages
File Size : 45,8 Mb
Release : 2015-05-19
Category : Social Science
ISBN : 9781137491268

Get Book

Crossroads in New Media, Identity and Law by Wouter de Been,P. Arora,M. Hildebrandt Pdf

Crossroads in New Media, Identity and Law is a compilation of essays on the nexus of new information and communication technologies, cultural identity, law and politics. The essays provoke timely discussions on how these different spheres affect each other and co-evolve in our increasingly hyper-connected and globalized world.

Author : Nancy J. Hirschmann,Wilson McWilliams,Gordon Schochet,Jane Junn,Nelson Polsby,Jennifer Hochschild,John Hansen,Daniel Tichenor,Milton Heumann,Elizabeth Garrett,William Crotty,Alan Rosenthal,Gerald Pomper
Publisher : Rutgers University Press
Page : 296 pages
File Size : 41,6 Mb
Release : 2003-07-21
Category : Political Science
ISBN : 9780813559223

Get Book

The Future of American Democratic Politics by Nancy J. Hirschmann,Wilson McWilliams,Gordon Schochet,Jane Junn,Nelson Polsby,Jennifer Hochschild,John Hansen,Daniel Tichenor,Milton Heumann,Elizabeth Garrett,William Crotty,Alan Rosenthal,Gerald Pomper Pdf

Even before the terrorist attacks of September 11, 2001, political scientists were assessing changes and continuities in the principles and practices of American democracy. Recent events, including the passage of the U.S. Patriot Act and the current debates about civil liberties versus homeland security, intensify the need to examine the long-term viability of democracy. In this book, fifteen major scholars assess the current state of American democracy, offering a spirited dialogue on the future of democratic politics. Contributors focus on three principles fundamental to democracy—equality, liberty, and participation. They examine these principles within the context of the basic institutions of American democracy: Congress and the state legislatures, the president, political parties, interest groups, and the Supreme Court. They raise questions regarding the checks and balances among formal governmental institutions (with the contributors sharing concern over the fading power of the legislature and the increased power of the executive and judiciary) as well as the role of political parties and interest groups. Topics discussed include: the incomplete mobilization of the electorate, the debates over campaign finance reform and term limits, the Supreme Court’s activist role in the Florida recount, the dangers of teledemocracy and state initiatives, the separation of political participation from residential location, “identity politics,” the clash of "negative" and "positive" liberty, and the prospects for personal freedom in an era of terrorist threats. This timely collection covers the issues relevant to the future of American democracy today not only for lawmakers, students, and historians, but for any concerned citizen.