Cultural Pluralism Identity Politics And The Law

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.

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.

Previous editions published : 1996 (2nd) and 1988 (1st).

Multicultural States challenges the national frames of reference of the debates which surround questions of ethnicity, race and cultural difference by investigating contemporary theories, policies and practices of cultural pluralism across eight countries with historical links in British colonialism: the USA, Canada, Australia, New Zealand, India, South Africa, Ireland and Britain. Written as history, theory, autobiography and political polemic, Multicultural States combines general theoretical discussions of the principles of cultural pluralism, nationalism, and minority identities with informative studies of specific local histories and political conflicts.

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.

Multiculturalism has shaped identity politics in the Americas over the past decades, as illustrated by politics of recognition, affirmative action, and increasing numbers of internationally recognized cultural productions by members of ethnic minorities. Hinting at postcolonial legacies in political rhetoric and practice multiculturalism has also served as a driving force behind social movements in the Americas. Nevertheless, in current academic discussions and public debates on migration, globalization and identity politics, concepts like new ethnicities, ethnic groupism, creolization, hybridity, mestizaje, diasporas, and "post-ethnicity" articulate positionings that are profoundly changing our understanding of "multiculturalism." Combining theoretical reflections with case studies the aim of this book is to demonstrate the current dynamics of (post-) multicultural politics in the Americas.This book was based on a special issue of Latin American and Caribbean Ethnic Studies.

How should democratic societies define justice for cultural minority groups, and how might such justice be secured? This book is a nuanced and judicious response to a critical issue in political theory—the challenge of according equal respect and recognition to minority groups and accommodating their claims for special cultural rights and arrangements.Monique Deveaux contends that liberal theorists fail to grant enough importance to identity and the content of cultural life in their attempts to conceive of political institutions for plural societies. She takes to task the spectrum of theories on pluralism, from weak and strong theories of tolerance through neutralist liberalism to comprehensive liberalism, and finally to arguments for deliberative politics that build on Jürgen Habermas's discourse ethics. The solution proposed here is "deliberative liberalism," which incorporates both critically reconceived principles of deliberative democracy and central liberal norms of consent and respect. Cultural conflicts in democratic societies include clashes involving Aboriginal peoples, ethnic and linguistic minorities, and recent immigrant groups in Europe, North America, and Australia. Drawing on examples from several countries, Deveaux concludes that genuine respect and recognition for cultural minorities requires full inclusion in existing institutions and the right to help shape the political culture of their own societies through democratic dialogue and deliberation.