Personal Autonomy In Plural Societies

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.

People are socially situated amid complex relations with other people and are bound by interpersonal frameworks having significant influence upon their lives. These facts have implications for their autonomy. Challenging many of the currently accepted conceptions of autonomy and of how autonomy is valued, Oshana develops a 'social-relational' account of autonomy, or self-governance, as a condition of persons that is largely constituted by a person’s relations with other people and by the absence of certain social relations. She denies that command over one's motives and the freedom to realize one's will are sufficient to secure the kind of command over one's life that autonomy requires, and argues against psychological, procedural, and content neutral accounts of autonomy. Oshana embraces the idea that her account is 'perfectionist' in a sense, and argues that ultimately our commitment to autonomy is defeasible, but she maintains that a social-relational account best captures what we value about autonomy and best serves the various ends for which the concept of autonomy is employed.

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.

“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 book comprises a selection of articles published, mainly in peer-reviewed academic journals, together with a small number of documents prepared for policy makers within the Catholic education sector in England and Wales. The texts have been reprinted almost entirely as originally published, but with some minor editing to avoid unnecessary duplication. The papers are grouped into four sections. The first is concerned with the context of state maintained Catholic schools. The second explores research into the academic performance of Catholic schools prior to 1995. The third provides data on pupils’ academic and social outcomes, together with comparative studies of teachers and leadership of Catholic schools. The fourth section contains briefing papers about various aspects of state maintained Catholic education.

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.