Cultural Pluralism Identity Politics And The Law

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Cultural Pluralism, Identity Politics, and the Law

Author : Austin Sarat
Publisher : University of Michigan Press
ISBN 13 : 9780472023769
Total Pages : 194 pages
Book Rating : 4.0/5 (237 download)

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Book Synopsis Cultural Pluralism, Identity Politics, and the Law by : Austin Sarat

Download or read book Cultural Pluralism, Identity Politics, and the Law written by Austin Sarat and published by University of Michigan Press. This book was released on 2014-05-14 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Cris E. Toffolo
Publisher : State University of New York Press
ISBN 13 : 9780791487495
Total Pages : 304 pages
Book Rating : 4.4/5 (874 download)

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Book Synopsis Emancipating Cultural Pluralism by : Cris E. Toffolo

Download or read book Emancipating Cultural Pluralism written by Cris E. Toffolo and published by State University of New York Press. This book was released on 2012-02-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Politics of Cultural Pluralism

Author : Crawford Young
Publisher : Univ of Wisconsin Press
ISBN 13 : 9780299067441
Total Pages : 580 pages
Book Rating : 4.0/5 (674 download)

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Book Synopsis The Politics of Cultural Pluralism by : Crawford Young

Download or read book The Politics of Cultural Pluralism written by Crawford Young and published by Univ of Wisconsin Press. This book was released on 1979 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Cultural Pluralism and Law

Author : Jill Norgren
Publisher : Greenwood
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis American Cultural Pluralism and Law by : Jill Norgren

Download or read book American Cultural Pluralism and Law written by Jill Norgren and published by Greenwood. This book was released on 1996 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

American Cultural Pluralism and Law

Author : Jill Norgren
Publisher : Greenwood
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis American Cultural Pluralism and Law by : Jill Norgren

Download or read book American Cultural Pluralism and Law written by Jill Norgren and published by Greenwood. This book was released on 1988 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law, Justice, Democracy, and the Clash of Cultures

Author : Michel Rosenfeld
Publisher : Cambridge University Press
ISBN 13 : 1139502549
Total Pages : 337 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Law, Justice, Democracy, and the Clash of Cultures by : Michel Rosenfeld

Download or read book Law, Justice, Democracy, and the Clash of Cultures written by Michel Rosenfeld and published by Cambridge University Press. This book was released on 2011-09-26 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Pluralism in Conflict

Author : Prakash Shah
Publisher : Routledge
ISBN 13 : 1135308780
Total Pages : 213 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Legal Pluralism in Conflict by : Prakash Shah

Download or read book Legal Pluralism in Conflict written by Prakash Shah and published by Routledge. This book was released on 2016-09-17 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Pluralism

Author : Masaji Chiba
Publisher :
ISBN 13 :
Total Pages : 258 pages
Book Rating : 4.:/5 (35 download)

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Book Synopsis Legal Pluralism by : Masaji Chiba

Download or read book Legal Pluralism written by Masaji Chiba and published by . This book was released on 1989 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Claims of Culture

Author : Seyla Benhabib
Publisher : Princeton University Press
ISBN 13 : 0691186545
Total Pages : 266 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis The Claims of Culture by : Seyla Benhabib

Download or read book The Claims of Culture written by Seyla Benhabib and published by Princeton University Press. This book was released on 2018-06-05 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Racial Culture

Author : Richard T. Ford
Publisher : Princeton University Press
ISBN 13 : 1400826306
Total Pages : 244 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Racial Culture by : Richard T. Ford

Download or read book Racial Culture written by Richard T. Ford and published by Princeton University Press. This book was released on 2009-01-10 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is black culture? Does it have an essence? What do we lose and gain by assuming that it does, and by building our laws accordingly? This bold and provocative book questions the common presumption of political multiculturalism that social categories such as race, ethnicity, gender, and sexuality are defined by distinctive cultural practices. Richard Ford argues against law reform proposals that would attempt to apply civil rights protections to "cultural difference." Unlike many criticisms of multiculturalism, which worry about "reverse discrimination" or the erosion of core Western cultural values, the book's argument is primarily focused on the adverse effects of multicultural rhetoric and multicultural rights on their supposed beneficiaries. In clear and compelling prose, Ford argues that multicultural accounts of cultural difference do not accurately describe the practices of social groups. Instead these accounts are prescriptive: they attempt to canonize a narrow, parochial, and contestable set of ideas about appropriate group culture and to discredit more cosmopolitan lifestyles, commitments, and values. The book argues that far from remedying discrimination and status hierarchy, "cultural rights" share the ideological presuppositions, and participate in the discursive and institutional practices, of racism, sexism, and homophobia. Ford offers specific examples in support of this thesis, in diverse contexts such as employment discrimination, affirmative action, and transracial adoption. This is a major contribution to our understanding of today's politics of race, by one of the most distinctive and important young voices in America's legal academy.

Multiculturalism, Identity and Rights

Author : Bruce Haddock
Publisher : Routledge
ISBN 13 : 1134377347
Total Pages : 245 pages
Book Rating : 4.1/5 (343 download)

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Book Synopsis Multiculturalism, Identity and Rights by : Bruce Haddock

Download or read book Multiculturalism, Identity and Rights written by Bruce Haddock and published by Routledge. This book was released on 2004-06-02 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume brings a selection of leading political theorists to the debate on multiculturalism and political legitimacy, and confronts issues including rights, liberalism, cultural pluralism and power relations.

Human Rights and Diversity: New Challenges for Plural Societies

Author : Eduardo J. Ruiz Vieytez
Publisher : Universidad de Deusto
ISBN 13 : 8498307929
Total Pages : 181 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis Human Rights and Diversity: New Challenges for Plural Societies by : Eduardo J. Ruiz Vieytez

Download or read book Human Rights and Diversity: New Challenges for Plural Societies written by Eduardo J. Ruiz Vieytez and published by Universidad de Deusto. This book was released on 2007-01-01 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: The democratic management of cultural diversity is the greatest political challenge for present-day European societies. The plural character of our societies forces us to rethink the basic political concepts, starting off from a new idea of inclusive and plural d¬emocracy. The application of human rights must be reconsidered in the light of presentday reality so that democratic states are able to guarantee the benefi t of these rights to all persons through their identity and not in spite of it, thus creating political spaces that are open to a multi-identity coexistence.

The Oxford Handbook of Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Nation and Family

Author : Narendra Subramanian
Publisher : Stanford University Press
ISBN 13 : 0804790906
Total Pages : 398 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Nation and Family by : Narendra Subramanian

Download or read book Nation and Family written by Narendra Subramanian and published by Stanford University Press. This book was released on 2014-04-09 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s. Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes "state-in-society" approaches to comparative politics, political sociology, and legal studies in new directions.

Cultural Pluralism and Dilemmas of Justice

Author : Monique Deveaux
Publisher : Cornell University Press
ISBN 13 : 1501723758
Total Pages : 220 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Cultural Pluralism and Dilemmas of Justice by : Monique Deveaux

Download or read book Cultural Pluralism and Dilemmas of Justice written by Monique Deveaux and published by Cornell University Press. This book was released on 2018-10-18 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Emblems of Pluralism

Author : Carol Weisbrod
Publisher : Princeton University Press
ISBN 13 : 1400825431
Total Pages : 233 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Emblems of Pluralism by : Carol Weisbrod

Download or read book Emblems of Pluralism written by Carol Weisbrod and published by Princeton University Press. This book was released on 2009-02-09 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: From outlawing polygamy and mandating public education to protecting the rights of minorities, the framing of group life by the state has been a subject of considerable interest and controversy throughout the history of the United States. The subject continues to be important in many countries. This book deals with state responses to cultural difference through the examination of a number of encounters between individuals, groups, and the state, in the United States and elsewhere. The book opens the concepts of groups and the state, arguing for the complexity of their relations and interpenetrations. Carol Weisbrod draws on richly diverse historical and cultural material to explore various structures that have been seen as appropriate for adjusting relations between states and internal groups. She considers the experience of the Mormons, the Amish, and Native Americans in the United States, the Mennonites in Germany, and the Jews in Russia to illustrate arrangements and accommodations in different times and places. The Minorities Treaties of the League of Nations, political federalism, religious exemptions, nonstate schools, and rules about adoption are among the mechanisms discussed that sustain cultural difference and create frameworks for group life, and, finally, individual life. At bottom, Emblems of Pluralism concerns not only relations between the state and groups, public and private, but also issues of identity and relations between the self and others.

Crossroads in New Media, Identity and Law

Author : Wouter de Been
Publisher : Springer
ISBN 13 : 1137491264
Total Pages : 257 pages
Book Rating : 4.1/5 (374 download)

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Book Synopsis Crossroads in New Media, Identity and Law by : Wouter de Been

Download or read book Crossroads in New Media, Identity and Law written by Wouter de Been and published by Springer. This book was released on 2015-05-19 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.