Download or read book Identity Captured by Law written by Sébastien Grammond and published by McGill-Queen's Press - MQUP. This book was released on 2009 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the law decides who the members of minority groups are while avoiding discrimination and respecting self-determination.
Download or read book Identity Captured by Law written by Sébastien Grammond and published by McGill-Queen's Press - MQUP. This book was released on 2009-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Identity Captured by Law, Sébastien Grammond explains how minority rights make identity legally relevant, providing a detailed account of struggles that have been fought concerning Indian status and admission to minority-language schools. Setting his analysis of the law in the wider interdisciplinary context of anthropology and political theory, Grammond assesses whether a group's membership rules are an accurate reflection of their ethnicity and are based on sound justifications of minority rights. He argues that membership rules do not violate equality rights if there is sufficient correspondence between the legal criteria that determine membership and the group's own cultural or relational conceptions of their ethnic identity. Comprehensive, interdisciplinary, and original in its comparison of indigenous peoples and linguistic minorities, Identity Captured by Law is an invaluable resource for legal and political scholars and students, as well as anyone interested in the controversies surrounding the legal recognition of identity.
Download or read book Identity written by Francis Fukuyama and published by Farrar, Straus and Giroux. This book was released on 2018-09-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Times bestselling author of The Origins of Political Order offers a provocative examination of modern identity politics: its origins, its effects, and what it means for domestic and international affairs of state In 2014, Francis Fukuyama wrote that American institutions were in decay, as the state was progressively captured by powerful interest groups. Two years later, his predictions were borne out by the rise to power of a series of political outsiders whose economic nationalism and authoritarian tendencies threatened to destabilize the entire international order. These populist nationalists seek direct charismatic connection to “the people,” who are usually defined in narrow identity terms that offer an irresistible call to an in-group and exclude large parts of the population as a whole. Demand for recognition of one’s identity is a master concept that unifies much of what is going on in world politics today. The universal recognition on which liberal democracy is based has been increasingly challenged by narrower forms of recognition based on nation, religion, sect, race, ethnicity, or gender, which have resulted in anti-immigrant populism, the upsurge of politicized Islam, the fractious “identity liberalism” of college campuses, and the emergence of white nationalism. Populist nationalism, said to be rooted in economic motivation, actually springs from the demand for recognition and therefore cannot simply be satisfied by economic means. The demand for identity cannot be transcended; we must begin to shape identity in a way that supports rather than undermines democracy. Identity is an urgent and necessary book—a sharp warning that unless we forge a universal understanding of human dignity, we will doom ourselves to continuing conflict.
Download or read book The Perils of Identity written by Caroline Dick and published by UBC Press. This book was released on 2011-11-15 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Calls for the provision of group rights are a common part of politics in Canada. Many liberal theorists consider identity claims a necessary condition of equality, but do these claims do more harm than good? To answer this question, Caroline Dick engages in a critical analysis of liberal identity-driven theories and their application in cases such as Sawridge Band v. Canada, which sets a First Nation’s right to self-determination against indigenous women’s right to equality. She contrasts Charles Taylor’s theory of identity recognition, Will Kymlicka’s cultural theory of minority rights, and Avigail Eisenberg’s theory of identity-related interests with an alternative rights framework that account for both group and in-group differences. Dick concludes that the problem is not the concept of identity itself but the way in which prevailing conceptions of identity and group rights obscure intragroup differences. Instead, she proposes a politics of intragroup difference that has the power to transform rights discourse in Canada.
Download or read book The Routledge Handbook on Identity in Byzantium written by Michael Edward Stewart and published by Routledge. This book was released on 2022-03-31 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the first to focus solely on how specific individuals and groups in Byzantium and its borderlands were defined and distinguished from other individuals and groups from the mid-fourth to the close of the fifteenth century. It gathers chapters from both established and emerging scholars from a wide range of disciplines across history, art, archaeology, and religion to provide an accurate representation of the state of the field both now and in its immediate future. The handbook is divided into four subtopics that examine concepts of group and specific individual identity which have been chosen to provide methodologically sophisticated and multidisciplinary perspectives on specific categories of group and individual identity. The topics are Imperial Identities; Romanitas in the Late Antique Mediterranean; Macro and Micro Identities: Religious, Regional, and Ethnic Identities, and Internal Others; and Gendered Identities: Literature, Memory, and Self in Early and Middle Byzantium. While no single volume could ever provide a comprehensive vision of identities on the vast variety of peoples within Byzantium over nearly a millennium of its history, this handbook represents a milestone in offering a survey of the vibrant surge of scholarship examining the numerous and oft-times fluctuating codes of identity that shaped and transformed Byzantium and its neighbours during the empire’s long life.
Download or read book Human Rights Law and Personal Identity written by Jill Marshall and published by Routledge. This book was released on 2014-06-20 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights. The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities. In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.
Download or read book Elite Capture written by Olúfẹ́mi O. Táíwò and published by Haymarket Books. This book was released on 2022-05-03 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Identity politics” is everywhere, polarizing discourse from the campaign trail to the classroom and amplifying antagonisms in the media, both online and off. But the compulsively referenced phrase bears little resemblance to the concept as first introduced by the radical Black feminist Combahee River Collective. While the Collective articulated a political viewpoint grounded in their own position as Black lesbians with the explicit aim of building solidarity across lines of difference, identity politics is now frequently weaponized as a means of closing ranks around ever-narrower conceptions of group interests. But the trouble, Olúfẹ́mi O. Táíwò deftly argues, is not with identity politics itself. Through a substantive engagement with the global Black radical tradition and a critical understanding of racial capitalism, Táíwò identifies the process by which a radical concept can be stripped of its political substance and liberatory potential by becoming the victim of elite capture—deployed by political, social, and economic elites in the service of their own interests. Táíwò’s crucial intervention both elucidates this complex process and helps us move beyond a binary of “class” vs. “race.” By rejecting elitist identity politics in favor of a constructive politics of radical solidarity, he advances the possibility of organizing across our differences in the urgent struggle for a better world.
Download or read book Discrimination Law written by Sandra Fredman FBA KC and published by Oxford University Press. This book was released on 2022-12-22 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: A challenging, yet highly accessible, introduction to discrimination law which highlights the major issues and asks how the right to equality can be made more effective. This edition includes expanded material on how jurisdictions formulate grounds of discrimination with thematic analysis on topics such as racism, sexism, and LGBTQ+ rights.
Download or read book Digital Identity an Emergent Legal Concept written by Clare Sullivan and published by University of Adelaide Press. This book was released on 2011 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new legal concept of identity. As transactions once based on personal relationships are increasingly automated, it is inevitable that our traditional concept of identity will need to be redefined. This book examines the functions and legal nature of an individual's digital identity in the context of a national identity scheme. The analysis and findings are relevant to the one proposed for the United Kingdom, to other countries which have similar schemes, and to countries like Australia which are likely to establish such a scheme in the near future. Under a national identity scheme, being asked to provide ID will become as commonplace as being asked one's name, and the concept of identity will become embedded in processes essential to the national economic and social order. The analysis reveals the emergence of a new legal concept of identity. This emergent concept and the associated individual rights, including the right to identity, potentially change the legal and commercial landscape. The author examines the implications for individuals, businesses and government against a background of identity crime.
Download or read book The Abuse of Constitutional Identity in the European Union written by Julian Scholtes and published by Oxford University Press. This book was released on 2023-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.
Download or read book The Origins of Indigenism written by Ronald Niezen and published by Univ of California Press. This book was released on 2003-01-14 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4. Relativism and Rights
Download or read book Performance Identity and Immigration Law written by G. Guterman and published by Springer. This book was released on 2014-07-10 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has contemporary American theatre presented so-called undocumented immigrants? Placing theatre artists and their work within a context of on-going debate, Guterman shows how theatre fills an essential role in a critical conversation by exploring the powerful ways in which legal labels affect and change us.
Download or read book Law and Identity in Colonial South Asia written by Mitra Sharafi and published by Cambridge University Press. This book was released on 2014-04-21 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.
Download or read book Personal Identity in Moral and Legal Reasoning written by Richard Prust and published by Vernon Press. This book was released on 2019-10-31 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many questions about moral and legal judgments hinge on how we understand the identity of the agents. The intractability of many of these questions stems, this book argues, from ignoring how we actually connect actions with agents. When making everyday judgments about the morality or legality of actions, we do not use Aristotelian logic but what is termed “character logic”. The difference is crucial because implicit in character logic is an understanding of personal identity that is both coherent and intuitively familiar. A person, as we conceptualize him in moral and legal contexts, is a character of resolve. By unpacking what it means to be a character of resolve, this book reveals what underwrites our most fundamental beliefs about a person’s rights and responsibilities. It also provides a new and useful perspective on a variety of issues about rights and responsibilities that perennially occupy philosophers. This book discusses the following: • How we can make better sense of “human rights” if we think of them as “personal rights”. • How the right to be civilly disobedient, in contrast with ordinary law-breaking, can be justified as a personal right. • What basis we have for holding that someone’s responsibility is diminished. • How it makes sense to hold someone responsible for acting irresponsibly. • How it makes sense to distinguish a juvenile offender from someone who should be tried in criminal court. • What kind of correction we should expect from our correctional institutions and how we should design them to achieve that. By making explicit the axioms of character logic and exploring their origins and justification, the book provides a conceptually powerful tool for interpreting the protocols of a person-respecting society.
Download or read book Canadian Federalism and Its Future written by Alain-G. Gagnon and published by McGill-Queen's Press - MQUP. This book was released on 2020-09-23 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The time is ripe to revisit Canada's past and redress its historical wrongs. Yet in our urgency to imagine roads to reconciliation with Indigenous peoples, it is important to keep in sight the many other forms of diversity that Canadian federalism has historically been designed to accommodate or could also reflect more effectively. Canadian Federalism and Its Future brings together international experts to assess four fundamental institutions: bicameralism, the judiciary as arbiter of the federal deal, the electoral system and party politics, and intergovernmental relations. The contributors use comparative and critical lenses to appraise the repercussions of these four dimensions of Canadian federalism on key actors, including member states, constitutive units, internal nations, Indigenous peoples, and linguistic minorities. Pursuing the work of The Constitutions That Shaped Us (2015) and The Quebec Conference of 1864 (2018), this third volume is a testimony to Canada's successes and failures in constitutional design. Reflecting on the cultural pluralism inherent in this country, Canadian Federalism and Its Future offers thought-provoking lessons for a world in search of concrete institutional solutions, within and beyond the traditional nation-state.
Download or read book Islamic Identity Postcoloniality and Educational Policy written by Jeffrey Ayala Milligan and published by Springer Nature. This book was released on 2020-02-26 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theorizes a philosophical framework for educational policy and practice in the southern Philippines where decades of religious and political conflict between a minority Muslim community and the Philippine state has plagued the educational and economic development of the region. It offers a critical historical and ethnographic analysis of a century of failed attempts under successive U.S. colonial and independent Philippine governments to deploy education as a tool to mitigate the conflict and assimilate the Muslim minority into the mainstream of Philippine society and examines recent efforts to integrate state and Islamic education before proposing a philosophy of prophetic pragmatism as a more promising framework for educational policy and practice that respects the religious identity and fosters the educational development of Muslim Filipinos. It represents a timely contribution to the search for educational policies and practices more responsive to the needs and religious identities of Muslim communities emerging from conflict, not only in the southern Philippines, but in other international contexts as well.
Download or read book Islamic Identity Postcoloniality and Educational Policy written by J. Milligan and published by Springer. This book was released on 2005-07-31 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tensions between Muslim communities and state institutions are endemic in many parts of the world. For decades successive colonial and independent governments in the Philippines have deployed educational policy as a tool to mitigate one such conflict between Muslims and Christians, a conflict which has claimed more than 100,000 lives since the 1970's. Postcolonial Education and Islamic Identity in the Southern Philippines offers a postcolonial critique of this century-long educational project in an effort to understand how educational policy has failed Muslim Filipinos and to seek insight from their experience into the potential and pitfalls of educational responses to ethnic and religious tensions.
