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Author: Marie-Claire Foblets
Publisher: Routledge
ISBN: 1315413590
Category : Law
Languages : en
Pages : 413
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Book Description
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.
Author: Marie-Claire Foblets
Publisher: Routledge
ISBN: 1315413590
Category : Law
Languages : en
Pages : 413
Get Book Here
Book Description
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.
Author: Mark A. Pike
Publisher: Bloomsbury Publishing
ISBN: 1472576853
Category : Education
Languages : en
Pages : 257
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Book Description
Ethical English addresses the 'ethos' of English teaching and draws attention to its 'spirit' and fundamental character, identifying the features that English teaching must exhibit if it is to continue to sustain us morally as a liberal art and to provide the learners of increasingly plural societies with a broad ethical education. Mark A. Pike provides practical examples from the classroom, including assessment and teaching, knitting these with an ethical critique of practice, stimulating readers to engage in critical reflection concerning the teaching of English. This book not only shows readers how to teach English but also helps them to critically evaluate the ethics of the practice of English teaching.
Author: Anna Elisabetta Galeotti
Publisher: Routledge
ISBN: 1351246852
Category : Political Science
Languages : en
Pages : 143
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Book Description
The chapters in this book deal with different, though related, topics concerning the tense relationship between democracy and diversity. On the one hand, social diversity represents an opportunity, widening the horizon of social options and perspectives of innovation, but, on the other hand, it creates problems for the social cohesion and peaceful coexistence of many groups, be they majority or minority. The chapters depart from the intrinsic connection between democracy and diversity – and the unavoidable challenges that pluralism poses to decision-making procedures – investigating, from different perspectives, how the normative requirement of fully respecting agents’ reflexive agency impacts the revision of democratic decision-making procedures and the way in which institutions react to citizens’ justice-based claims. All the contributions share the theoretical insight that diversity is one of the raisons d’être of democracy, and, still, all acknowledge that the fact of pluralism poses challenges to the legitimacy of democratic procedures of decision-making. Indeed, if citizens had the same values and preferences, collective decisions would be easily achieved and the institution of democratic procedures would be redundant. Yet the wide pluralism of doctrines, habits, social standards, and conceptions of the goods typical of contemporary societies has often led citizens to challenge the legitimacy of democratic decisions because these choices do not fit their preferences or values. To address these challenges following recent accounts of democratic decision-making, in this volume, different strategies are introduced, defended, and criticized in order to outline a perspective that is able to guide actual decision-making processes (guidance), define standards that everyone has equal opportunity to fulfil (inclusion), and grant that citizens exercise their reflexive control on the whole democratic system (reflexivity). The chapters in this book were originally published as a special issue of the Critical Review of International Social and Political Philosophy.
Author: Farrah Raza
Publisher: Bloomsbury Publishing
ISBN: 1509937129
Category : Political Science
Languages : en
Pages : 249
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Book Description
On what grounds should religious accommodation claims be limited? When do religious claims harm the autonomy of others? This book proposes an original model of religious accommodation which can be applied in secular liberal democracies where religious diversity has been a hotly contested issue. Addressing the complex question of limitations to the right to Freedom of Religion or Belief and how these limitations might be determined, it examines how religious claims can harm the autonomy of others and emphasises the need for an appropriate balancing of competing interests. Drawing on a range of case study examples from jurisdictions including the US, Canada, the European Court of Human Rights, the European Union's Court of Justice, the UK, Germany and France, this is a timely contribution to the debate on how a legal duty or policy approach in favour of religious accommodation can be applied in practice. Moreover, the proposed model offers criteria that may be used to guide the implementation of equality and diversity policies in contexts such as employment and education. The book will be of interest to academics, legal practitioners and policy-makers in the field.
Author: Helge Dedek
Publisher: Cambridge University Press
ISBN: 1108841724
Category : Law
Languages : en
Pages : 325
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Book Description
Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Author: John Eekelaar
Publisher: Routledge
ISBN: 1000152111
Category : Law
Languages : en
Pages : 582
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Book Description
The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.
Author: Peter van der Auweraert
Publisher: Maklu
ISBN: 9062157874
Category : Civil rights
Languages : en
Pages : 359
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Book Description
B. The Example of Belgium
Author: Andrew M. Robinson
Publisher: UBC Press
ISBN: 0774840919
Category : Political Science
Languages : en
Pages : 215
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Book Description
Theories of liberal multiculturalism seek to reconcile cultural rights with universal liberal principles. Some focus on individual autonomy; others emphasize communal identity. Andrew Robinson argues that liberal multiculturalism can be justified without privileging either. By appealing to the deeper value of meaningful life, he shows how autonomy and community are actually interdependent. He concludes by illustrating - with reference to national and ethnic minorities, indigenous peoples, and traditional communities - the policy principles that can be derived from this position. An innovative account of the theory and practice of liberal multiculturalism, Multiculturalism and the Foundations of Meaningful Life will interest students, scholars, activists and policy makers working in areas of political theory, multiculturalism, indigenous peoples, and ethnic and religious minorities.
Author:
Publisher: Oxford University Press
ISBN: 0198898940
Category : Law
Languages : en
Pages : 449
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Book Description
Shifts across the corpus of international law have brought the international legal system into a closer alignment with the interests of the individual. This has led to a great and growing interest in the roles and status of individuals in international law, and provided new impulses for debate. The Individual in International Law is an exploration of what is described as the humanisation of international law. It examines how international law has accommodated individuals, and how individual status, rights, and obligations have become denser and more important in the international legal system. Split into two parts, the book analyses the humanisation of international law in different historical periods and from various theoretical perspectives. The first part focuses on the historical evolution of international law, exploring how the interests of individuals have shaped the development of the legal system from antiquity to 1945, providing a counterpoint to State-centric readings of international law's history. The second part contains theoretical debates, critical approaches, and interdisciplinary investigations, offering perspectives from ius positivism and ius naturalism, Marxism, TWAIL, feminism, global law, global constitutionalism, law and economics, and legal anthropology. The book aims to stimulate further research on the humanisation and dehumanisation of new fields ranging from the ius contra bellum to climate law. The editors' introduction and conclusion frame the contributions, draw together their findings, and address critiques comprehensively. Written by a team of acknowledged experts in their fields, this volume elucidates how the interests, rights, obligations, and responsibilities of individuals have shaped international norms and regimes, and suggests how a reoriented transformative humanism can inform and develop international law in an era of profound ideological, ecological, and technical challenge. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.
Author: Bruce Duthu
Publisher: Oxford University Press
ISBN: 019987610X
Category : Law
Languages : en
Pages : 249
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Book Description
American Indian tribes have long been recognized as "domestic, dependent nations" within the United States, with powers of self-government that operate within the tribes' sovereign territories. Yet over the years, Congress and the Supreme Court have steadily eroded these tribal powers. In some respects, the erosion of tribal powers reflects the legacy of an imperialist impulse to constrain or eliminate any political power that may compete with the state. These developments have moved the nation away from its early commitments to a legally plural society--in other words, the idea that multiple nations and their legal systems could co-exist peacefully in shared territories. Shadow Nations argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years. From an ideological standpoint, this means that we must reexamine several long-held commitments. One is to legal centralism, the view that the nation-state and its institutions are the only legitimate sources of law. Another is to liberalism, the dominant political philosophy that undergirds our democratic structures and situates the individual, not the group or a collective, as the bedrock moral unit of society. From a constitutional standpoint, establishing more robust expressions of tribal sovereignty will require that we take seriously the concerns of citizens, tribal and non-tribal alike, who demand that tribal governments operate consistently with basic constitutional values. From an institutional standpoint, these efforts will require a new, flexible and adaptable institutional architecture that is better suited to accommodating these competing interests. Argued with grace, humanity, and a peerless scholarly eye, Shadow Nations is a clarion call for a true and consequential rethinking of the legal and political relationship between Indigenous tribes and the United States government.
