Gender And Justice In Multicultural Liberal States

This book offers a persuasive new argument for reconciling the tensions that arise when liberal democratic states try to protect two important kinds of equality: sexual equality and cultural equality.

This key volume explores the relationship between cultural justice and sexual justice in multicultural societies in a new light. The authors challenge the framing of ‘feminism and multiculturalism’ as one of inevitable conflict, as well as the portrayal of liberal sexual equality and cultural rights as irreconcilable, moving the debate beyond the culture/gender impasse. Focusing on three theoretical themes from a feminist perspective: the meaning and role of culture and identity in politics the problem of autonomy in relation to culture and identity the crucial role of democracy in addressing the theoretical and practical problems raised by this set of issues. The diverse contributors break new theoretical ground by providing detailed engagement with the concrete experiences of women and minorities who are caught in the dilemmas of gender and cultural justice. The collected chapters address sexual/cultural justice in a range of different countries, offering illuminating case studies on Britain, South Africa, Canada, the Netherlands, Australia, Mexico, and the United States. Sexual Justice / Cultural Justice will be of strong interest to students and researchers working in the areas of gender and feminist theory, politics, law, philosophy and sociology.

Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the 'cultural defense' in criminal law, aboriginal membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue.

Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.

Multiculturalism is a concept that has been stretched to include a variety of political conditions, mainly in countries that have liberal democratic political systems and traditions. In this North/South ‘comparison’ we illuminate remedies pursued by governments and various political interests to address the binary. Tensions of culture and rights may not be the same everywhere. An interesting point of comparison is in the treatment of liberalism – often assumed in the global North to be the universal norms to be defended, whereas in the global South, liberalism itself may be viewed as the problem. Colonial histories are fraught with discriminatory legislation aimed at accommodating indigenous populations, often a trade-off for more structural redistributive justice through, for example, land reform. In Africa, for example, the codification of customary law has reinforced misogynistic and static interpretations of ‘African culture’. This book will show how varied and complex the embodiment of multiculturalism as a political practice, or policy discourse in different political contexts can be, and how often the outcome of multicultural discourses creates a binary between culture and universal human rights. The aim of this book is to grapple with dislodging this binary. This book was published as a special issue of Politikon.

In the wake of what has come to be called the ‘cultural turn’, it is often asked how the state should respond to the different and sometimes conflicting justice claims made by its citizens and what, ultimately, is the purpose of justice in culturally diverse societies. Building upon the work of a diversity of theorists, this book demonstrates that there is a distinct ‘epistemic’ tradition of liberalism that can be used to critique contemporary responses to cultural diversity and their underlying principles of justice. It critically examines multicultural, nationalist and liberal egalitarian approaches and argues that an epistemic account of liberalism, that emphasises social complexity rather than cultural diversity or homogeneity, is the most appropriate response to the question of justice in modern culturally diverse societies. Epistemic Liberalism will be of interest to students and scholars of contemporary political theory and philosophy, liberal political theory and the politics of culture and identity.

Autonomy is fundamental to liberalism. But autonomous individuals often choose to do things that harm themselves or undermine their equality. In particular, women often choose to participate in practices of sexual inequality&—cosmetic surgery, gendered patterns of work and childcare, makeup, restrictive clothing, or the sexual subordination required by membership in certain religious groups. In this book, Clare Chambers argues that this predicament poses a fundamental challenge to many existing liberal and multicultural theories that dominate contemporary political philosophy. Chambers argues that a theory of justice cannot ignore the influence of culture and the role it plays in shaping choices. If cultures shape choices, it is problematic to use those choices as the measure of the justice of the culture. Drawing upon feminist critiques of gender inequality and poststructuralist theories of social construction, she argues that we should accept some of the multicultural claims about the importance of culture in shaping our actions and identities, but that we should reach the opposite normative conclusion to that of multiculturalists and many liberals. Rather than using the idea of social construction to justify cultural respect or protection, we should use it to ground a critical stance toward cultural norms. The book presents radical proposals for state action to promote sexual and cultural justice.