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.
Download or read book Forms of Pluralism and Democratic Constitutionalism written by Jean L. Cohen and published by Columbia University Press. This book was released on 2018-09-25 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist nationalisms and revanchist ethnic and religious movements. Many critics see the nation-state itself as a tool of racial and economic exclusion and repression. What other options are available for managing pluralism, fostering self-government, furthering social justice, and defending equality? In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state and their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century. The book considers four different principles of organization—federation, subsidiarity, status group legal pluralism, and transnational corporate autonomy—contrasts them with the unitary and centralized nation-state, and inquires into their capacity to deal with deep societal differences. In essays that examine empire, indigenous struggles, corporate institutions, forms of federalism, and the complexities of political secularism, anthropologists, historians, legal scholars, political scientists, and sociologists remind us that the sovereign nation-state is not inevitable and that multinational and federal states need not privilege a particular group. Forms of Pluralism and Democratic Constitutionalism helps us answer the crucial question of whether any of the alternatives might be better suited to core democratic principles.
Download or read book Frontiers of Diversity written by Avery Plaw and published by Rodopi. This book was released on 2005 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Frontiers of Diversity critically examines the explanatory and normative power of pluralism in contemporary philosophy, politics, economics and culture. Based on the papers presented at the "First Global Conference on Critical Issues in Pluralism" at Mansfield College, Oxford, it brings together for the first time essays examining pluralism's impact, both positive and negative, in each of these critical domains. These essays exhibit something of the fertility of the concept of pluralism, not only across the spectrum of fields, but at all levels of analysis, from individual to social to national and international, touching on specific cases from around the world. Through their diversity, the essays are intended to both promote cross-pollination between these domains of study and experience, and to encourage reflection on pluralism as a powerful cross-disciplinary approach for understanding the contemporary world."--BOOK JACKET.
Download or read book Canada in the World written by Richard Albert and published by Cambridge University Press. This book was released on 2017-11-02 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.
Download or read book From Recognition to Reconciliation written by Patrick Macklem and published by University of Toronto Press. This book was released on 2016-04-06 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than thirty years ago, section 35 of the Constitution Act recognized and affirmed “the existing aboriginal and treaty rights of the aboriginal peoples of Canada.” Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition. In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state. The book features essays on themes such as the role of sovereignty in constitutional jurisprudence, the diversity of methodologies at play in these legal and political questions, and connections between the Canadian constitutional experience and developments elsewhere in the world.
Download or read book Laws and Societies in Global Contexts written by Eve Darian-Smith and published by Cambridge University Press. This book was released on 2013-01-31 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text promotes a more global sociolegal perspective that engages with multiple laws and societies and diverse sociolegal systems based on very different historical and cultural traditions, interacting on multiple local, national, and global levels. The approach to global legal pluralism seeks to provide a framework for envisioning new global governance regimes that move beyond state-based solutions to deal with trenchant transnational challenges.
Download or read book Culture in Law and Development written by Lan Cao and published by Oxford University Press. This book was released on 2016-05-02 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the entire world's population safer, more equitable, and more conducive to each person's acquisition of basic material needs. Starting in the sixties and seventies, some scholars and activists challenged this assumption and established the school of "cultural relativism," a model that pays deference to local cultural traditions and favors them over international human rights norms. Scholars tried to create and practice a middle-ground approach between universalism and relativism, whereby the most egregious violations would be prevented through assimilating only jus cogens norms into indigenous groups' existing cultural traditions. Such efforts at combining a few select international norms with local cultural traditions largely failed. Culture in Law and Development presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development. In this book, Lan Cao demonstrates how the gradual expansion of customary international law (CIL) provides a model for changing culture in ways that protect and advance local populations. The book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor, women, and other marginal groups should be changed. The book reveals how a more conscious, coordinated effort on such change can succeed while non-violative local traditions are otherwise honored and preserved. Cao proposes that cultural change does not have to constitute cultural disrespect, and that local societies only benefit by a careful combination of externally wrought change and internally fostered tradition.
Download or read book Colonial Systems of Control written by Viviane Saleh-Hanna and published by University of Ottawa Press. This book was released on 2008-04-18 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pioneering book on prisons in West Africa, Colonial Systems of Control: Criminal Justice in Nigeria is the first comprehensive presentation of life inside a West African prison. Chapters by prisoners inside Kirikiri maximum security prison in Lagos, Nigeria are published alongside chapters by scholars and activists. While prisoners document the daily realities and struggles of life inside a Nigerian prison, scholar and human rights activist Viviane Saleh-Hanna provides historical, political, and academic contexts and analyses of the penal system in Nigeria. The European penal models and institutions imported to Nigeria during colonialism are exposed as intrinsically incoherent with the community-based conflict-resolution principles of most African social structures and justice models. This book presents the realities of imprisonment in Nigeria while contextualizing the colonial legacies that have resulted in the inhumane brutalities that are endured on a daily basis. Keywords: Nigeria, West Africa, penal system, maximum-security prison. Published in English.
Download or read book Pluralism written by Maria Baghramian and published by Psychology Press. This book was released on 2000 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first volume to link pluralist themes in philosophy and politics. A range of essays advances recent debates on political pluralism which challenge or defend the association of liberalism and pluralism.
Download or read book Gender Religion and Family Law written by Lisa Fishbayn Joffe and published by UPNE. This book was released on 2013 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices
Download or read book Critical theory and legal autopoiesis written by Gunther Teubner and published by Manchester University Press. This book was released on 2019-05-10 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects and revises the key essays of Gunther Teubner, one of the world’s leading sociologists of law. Written over the past twenty years, these essays examine the ‘dark side’ of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.
Download or read book Religion as Empowerment written by Kyriaki Topidi and published by Routledge. This book was released on 2016-06-10 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume shows how and why legal empowerment is important for those exercising their religious rights under various jurisdictions, in conditions of legal pluralism. At the same time, it also questions the thesis that as societies become more modern, they also become less religious. The authors look beyond the rule of law orthodoxy in their consideration of the freedom of religion as a human right and place this discussion in a more plurality-sensitive context. The book sheds more light on the informal and/or customary mechanisms that explain the limited impact of law on individuals and groups, especially in non-Western societies. The focus is on discussing how religion and the exercise of religious rights may or may not empower individuals and social groups and improve access to human rights in general. This book is important reading for academics and practitioners of law and religion, religious rights, religious diversity and cultural difference, as well as NGOs, policy makers, lawyers and advocates at multicultural jurisdictions. It offers a contemporary take on comparative legal studies, with a distinct focus on religion as an identity marker.
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars advance the discussion of international law's fragmentation in new and provocative ways.
Download or read book Law and Religious Pluralism in Canada written by Richard J. Moon and published by UBC Press. This book was released on 2009-05-01 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.
Download or read book Religion Pluralism and Reconciling Difference written by W. Cole Durham, Jr. and published by Routledge. This book was released on 2018-11-22 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an increasingly pluralized world. This sociological reality has become the irreversible destiny of humankind. Even once religiously homogeneous societies are becoming increasingly diverse. Religious freedom is modernity’s most profound if sometimes forgotten answer to the resulting social pressures, but the tide of pluralization threatens to overwhelm that freedom’s stabilizing force. Religion, Pluralism, and Reconciling Difference is aimed at exploring differing ways of grappling with the resulting tensions, and then asking, will the tensions ultimately yield poisonous polarization that erodes all hope of meaningful community? Or can the tradition and the institutions protecting freedom of religion or belief be developed and applied in ways that (still) foster productive interactions, stability, and peace? This volume brings together vital and thoughtful contributions treating aspects of these mounting worldwide tensions concerning the relationship between religious diversity and social harmony. The first section explores controversies surrounding religious pluralism from different starting points, including religious, political, and legal standpoints. The second section examines different geographical perspectives on pluralism. Experts from North and South America, Europe, Africa, and the Middle East address these issues and suggest not only how social institutions can reduce tensions, but also how religious pluralism itself can bolster needed civil society.
Download or read book Emblems and Impact Volume I written by Ingrid Hoepel and published by Cambridge Scholars Publishing. This book was released on 2017-11-06 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The art of the emblem is a pan-European phenomenon which developed in Western and Central Europe in the early modern period. It adopted meanings and motifs from Antiquity and the Middle Ages as part of a general humanistic impulse. Technological developments in printing that permitted the combination of letterpress with woodblock, and later copperplate, images, ensured that the emblem spread rapidly by way of printed collections. With time, emblematic ideas moved beyond Europe, conveying their insights and wisdom in the compact form of the book. These same books came to influence artists and designers working in the decoration of buildings, furniture, and household items, so that emblems entered personal life; they infiltrated festive culture, too. In such environments beyond the book, emblems were transported, adapted, and embedded in new functional contexts shaped by social, political, or religious conditions, but also by architectonical and regional art historical parameters. The results of these transformations are often of an intricate and complex meaning. The combination of word and image that constitutes the emblem still has resonance in contemporary art and architecture. The study of emblems allows us to look back at the collaborative endeavours of creative minds of earlier times from across Europe and beyond. At a time when that continent is under strain, and the world in general seeks to come to terms with globalization, emblems allow reflection on strongly shared cultural values and connections.
Download or read book Religious Pluralism and Islamic Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-07-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.
