Redesigning Justice For Plural Societies

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.

Religious diversity is a key feature of countries across the world today, but it also presents governments with very real challenges. Controversies around religious free speech, symbols, social values and morals, and the role of faith leaders as critical voices, are just a few of the issues that have given rise to fierce social, political and scholarly debate. So how do states include and accommodate religious diversity and should this change? What are the key difficulties facing states when it comes to governing religious diversity? Understanding this complex phenomenon means thinking through secularism, liberalism, multiculturalism and nationalism in theory and practice. In this new book, Tariq Modood and Thomas Sealy draw on original research to present new ways of analysing the governance of religious diversity in different regions of the world. Identifying the key challenges at stake, they also argue for a new statement of multiculturalism in relation to the governance of religious diversity, that of ‘multiculturalised secularism’, which represents a constructive and productive response to the reality of religiously plural societies.

This book is about people who are marginalised in criminology; it is an attempt to make space and amplify voices that are too often overlooked, spoken about, or for. In recognising the deep-seated structural inequalities that exist within criminal justice, higher education, and the field of criminology, we offer this text as a critical pause to the reader and invite you to reflect and consider within your studies and learning experience, your teaching, and your research: whose voices dominate, and whose are marginalised or excluded within criminology and why? This edited collection offers chapters from international criminology scholars, activists, and practitioners to bring together a range of perspectives that have been marginalised or excluded from criminological discourse. It considers both obscured and marginalised criminological theorists and schools of thought, presents alternative viewpoints on ‘traditional’ criminal justice themes, and considers how marginalisation is perpetuated through criminological research and criminological teaching. Engaging with debates on power, colonialism, identity, hegemony and privilege, and bringing together perspectives on gender, race and ethnicity, indigenous knowledge (s), queer and LGBTQ+ issues, disabilities, and class, this concise collection brings together key thinkers and ideas around concerns about epistemological supremacy. Marginalised Voices in Criminology is crucial reading for courses on criminological theory and concerns, diversity, gender, race, and identity.

In this book, Julia Berger examines internal meaning-making structures and processes driving NGO behavior, identifying constructs from within a religious tradition that forge new ways of pursuing social change. She evaluates the operation of a distinct rationality, arguing that action is guided not simply by beliefs and values, but also by a combination of elements so intrinsic as to constitute an “organizational DNA.” These hidden structures and rationalities manifest themselves in new modes of engagement and agency; they help us to see the pivotal role of religion in shaping notions of peace, progress, and modernity. To demonstrate the operation and salience of such a rationality, Berger draws on the example of the worldwide Baha'i community. Emerging in 19th century Iran, the community's theological engagement with questions of justice, the unity of humankind, and the emerging global order, constitute one of the most distinct and compelling, yet least-researched examples of religious engagement with the pressing questions of our time. Analyzing events spanning a 75-year period from 1945-2020, this book provides a unique historical and contemporary perspective on the evolving role of religion and civil society in the modern world.

The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.