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Outline of the book
With immigration fulfilling the role of population maintenance in many Western democracies, how should newcomers be welcomed? Pfeffer argues that states ought to promote group integration for communities that have settled through immigration, facilitating the development of group institutions that enable communication with the receiving society.
A critical legal study of religion and state relations in Israel focusing on the religiously entrapped Palestinian-Arab individuals.
This book presents an account of postcolonial liberalism, and argues the case for its sustainability.
Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.
The religion and state debate in Israel has overlooked the Palestinian-Arab religious communities and their members, focusing almost exclusively on Jewish religious institutions and norms and Jewish majority members. Because religion and state debates in many other countries are defined largely by minority religions' issues, the debate in Israel is anomalous. Michael Karayanni advances a legal matrix that explains this anomaly by referencing specific constitutional values. At the same time, he also takes a critical look at these values and presents the argument that what might be seen as liberal and multicultural is at its core just as illiberal and coercive. In making this argument, A Multicultural Entrapment suggests a set of multicultural qualifications by which one should judge whether a group based accommodation is of a multicultural nature.
This volume, the first of its kind in the English language, examines the law and politics of federalism and decentralization in the Middle East and North Africa. Comprised of eleven case studies examining the experience across the region, together with essays by leading scholars providing comparative and theoretical perspectives and a synthetic conclusion by the co-editors, the volume offers a textured portrait of the dilemmas of decentralization during a period of sweeping transition in the region. The collection addresses an important gap in the comparative decentralization literature, which has largely neglected the MENA region. Both retrospective and forward-looking in orientation, the book is a valuable resource not only for scholars of comparative politics, constitutional design, and Middle East studies, but also for policy makers evaluating the feasibility and efficacy of decentralization as a vehicle for improving governance and responding to identity conflict in any part of the world.
Group-differentiated rights, or rights that attach on the basis of membership in a particular social or cultural group, are an increasingly common and controversial aspect of modern pluralistic legal systems. Eric Mitnick offers the first comprehensive treatment of this important form of right. The book describes and critically assesses the group-differentiated form of 'right' from within analytical, constitutive and liberal theory. It further examines the extent to which group-differentiated rights constitute aspects of human identity, and it asks whether this should be a cause for concern from the perspective of liberal theory. The more detailed normative work advanced in the book contextually applies the constitutive understanding of rights and the principles of liberal membership to particular examples of group-differentiated citizenship. Such examples range from ascriptive statuses such as slavery and alienage, to more affirmative classifications, such as those apparent in the contexts of civil unions and affirmative action, finally to the claims of religious and other cultural groups for official recognition and accommodation of group-based beliefs and practices.
Public opinion in recent years has soured on multiculturalism, due in large part to fears of radical Islam. In Multiculturalism without Culture, Anne Phillips contends that critics misrepresent culture as the explanation of everything individuals from minority and non-Western groups do. She puts forward a defense of multiculturalism that dispenses with notions of culture, instead placing individuals themselves at its core. Multiculturalism has been blamed for encouraging the oppression of women--forced marriages, female genital cutting, school girls wearing the hijab. Many critics opportunistically deploy gender equality to justify the retreat from multiculturalism, hijacking the equality agenda to perpetuate cultural stereotypes. Phillips informs her argument with the feminist insistence on recognizing women as agents, and defends her position using an unusually broad range of literature, including political theory, philosophy, feminist theory, law, and anthropology. She argues that critics and proponents alike exaggerate the unity, distinctness, and intractability of cultures, thereby encouraging a perception of men and women as dupes constrained by cultural dictates. Opponents of multiculturalism may think the argument against accommodating cultural difference is over and won, but they are wrong. Phillips believes multiculturalism still has an important role to play in achieving greater social equality. In this book, she offers a new way of addressing dilemmas of justice and equality in multiethnic, multicultural societies, intervening at this critical moment when so many Western countries are poised to abandon multiculturalism.
The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.