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This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person’s freedom to renounce what others view as his or her fundamental ‘human rights’? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual’s acts. Second, in a society characterized by ‘weak pluralism’, the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called ‘guardian function’ of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning.
Focusing on autonomy in countries whose societies are marked by ethnic diversity, this work examines the effects of territorial solutions to the safeguarding of cultural identities. Contributors distinguish among types of autonomy and their impact on pluralism, democracy and unity of the state.
Focusing on autonomy in countries whose societies are marked by ethnic diversity, this work examines the effects of territorial solutions to the safeguarding of cultural identities. Contributors distinguish among types of autonomy and their impact on pluralism, democracy and unity of the state.
“Continuing his career-long exploration of modern democracy, Dahl addresses a question that has long vexed students of political theory: the place of independent organizations, associations, or special interest groups within the democratic state.”—The Wilson Quarterly “There is probably no greater expert today on the subject of democratic theory than Dahl….His proposal for an ultimate adoption here of a ‘decentralized socialist economy,’ a system primarily of worker ownership and control of economic production, is daring but rational, reflecting his view that economic inequality seems destined to become the major issue here it historically has been in Europe.”—Library Journal “Dahl reaffirms his commitment to pluralist democracy while attempting to come to terms with some of its defects.”—Laura Greyson, Worldview “Anyone who is interested in these issues and who makes the effort the book requires will come away the better for it. And more. He will receive an explanation for our current difficulties that differs considerably from the explanation for our current difficulties that differs considerably from the explanation offered by the Reagan administration, and a prescription for the future which differs fundamentally from the nostrums emanating from the White House.”—Dennis Carrigan, The (Louisville, Kentucky) Courier-Journal
This volume examines cases of accommodation and recognition of minority practices: cultural, religious, ethnic, linguistic or otherwise, under state law. The collection presents selected situations and experiences from a variety of regions and from different legal traditions around the world in which diverse societal stakeholders and political actors have engaged in processes leading to the elaboration of creative, innovative and, to a certain extent, sustainable solutions via accommodative laws or practices. Representing multiple disciplines and methodologies and written by esteemed scholars, the work analyses the pitfalls and successes of such accommodative practices, presenting insights into how solutions could or could not be achieved. The chapters address the sustainability and transferability of such solutions in order to further the dialogue in both scholarly and policy spheres. The book will be essential reading for academics, researchers, and policy-makers in the areas of minority rights, legal anthropology, law and religion, legal philosophy, and law and migration.
Meyers (philosophy, U. of Conn.) examines the question of personal autonomy. She observes the effects of childrearing practices and sexual biases, and reflects upon the results in women. Annotation copyrighted by Book News, Inc., Portland, OR
First published in 1999, this volume examines how the question of autonomy has come to be of recent interest in political theory. The author argues that autonomy goes deep into the Western consciousness and is a part of our very mode of being. He suggests that while autonomy is not universal, once tasted it becomes ineradicable. Autonomy runs deeper than is often thought and this book shows that while autonomy is unique to Western consciousness and to democracy, it raises and examines the question as to whether autonomy is either universally necessary or necessary to democracy.
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.
This volume addresses the complex interplay between the conditions of an agent’s personal autonomy and the constitution of her self in light of two influential background assumptions: a libertarian thesis according to which it is essential for personal autonomy to be able to choose freely how one’s self is shaped, on the one hand, and a line of thought following especially the seminal work of Harry Frankfurt according to which personal autonomy necessarily rests on an already sufficiently shaped self, on the other hand. Given this conceptual framework, a number of influential aspects within current debate can be addressed in a new and illuminating light: accordingly, the volume’s contributions range from 1) discussing fundamental conceptual interconnections between personal autonomy and freedom of the will, 2) addressing the exact role and understanding of different personal traits, e.g. Frankfurt’s notion of volitional necessities, commitments to norms and ideals, emotions, the phenomenon of weakness of will, and psychocorporeal aspects, 3) and finally taking into account social influences, which are discussed in terms of their ability to buttress, to weaken, or even to serve as necessary preconditions of personal autonomy and the forming of one’s self. The volume thus provides readers with an extensive and most up-to-date discussion of various influential strands of current philosophical debate on the topic. It is of equal interest to all those already engaged in the debate as well as to readers trying to get an up-to-date overview or looking for a textbook to use in courses.