Cultural Pluralism, Identity Politics, and the Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Cultural Pluralism, Identity Politics, and the Law PDF full book. Access full book title Cultural Pluralism, Identity Politics, and the Law by Austin Sarat. Download full books in PDF and EPUB format.
Author: Austin Sarat Publisher: University of Michigan Press ISBN: 9780472023769 Category : Law Languages : en Pages : 194
Book Description
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: Austin Sarat Publisher: University of Michigan Press ISBN: 9780472023769 Category : Law Languages : en Pages : 194
Book Description
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 ISBN: 9780791487495 Category : Social Science Languages : en Pages : 304
Book Description
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: Jill Norgren Publisher: Greenwood ISBN: Category : Law Languages : en Pages : 328
Book Description
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.
Author: Jill Norgren Publisher: Greenwood ISBN: Category : Law Languages : en Pages : 280
Book Description
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.
Author: Michel Rosenfeld Publisher: Cambridge University Press ISBN: 1139502549 Category : Law Languages : en Pages : 337
Book Description
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: Seyla Benhabib Publisher: Princeton University Press ISBN: 0691186545 Category : Political Science Languages : en Pages : 266
Book Description
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: Richard T. Ford Publisher: Princeton University Press ISBN: 1400826306 Category : Law Languages : en Pages : 244
Book Description
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.
Author: Narendra Subramanian Publisher: Stanford University Press ISBN: 0804790906 Category : Political Science Languages : en Pages : 398
Book Description
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.
Author: Austin Sarat
Author: Austin Sarat
Author: Cris E. Toffolo
Author: Crawford Young
Author: Jill Norgren
Author: Jill Norgren
Author: Michel Rosenfeld
Author: Masaji Chiba
Author: Seyla Benhabib
Author: Richard T. Ford
Author: Narendra Subramanian