Strange Multiplicity

In the inaugural set of Seeley Lectures, the distinguished political philosopher James Tully addresses the demands for cultural recognition that constitute the major conflicts of today: supranational associations, nationalism and federalism, linguistic and ethnic minorities, feminism, multiculturalism and aboriginal self government. Neither modern nor post-modern constitutionalism can adjudicate such claims justly. However, by surveying 400 years of constitutional practice, with special attention to the American aboriginal peoples, Tully develops a new philosophy of constitutionalism based on dialogues of conciliation which, he argues, have the capacity to mediate contemporary conflicts and bring peace to the twenty-first century. Strange Multiplicity brings profound historical, critical and philosophical perspectives to our most pressing contemporary conflicts, and provides an authoritative guide to constitutional possibilities in a multicultural age.

This book analyses the policies of recognition that were developed and implemented to improve the autonomy and socio-economic well-being of Māori in New Zealand and of indigenous and Afro-descendent people in Colombia. It offers a theoretically informed explanation of the reasons why these policies have not yielded the expected results, and offers solutions to mitigate the shortcomings of policies of recognition in both countries. This in-depth analysis enables readers to develop their understanding of the theory of recognition and how it can promote social justice.

The possibility of Quebec's departure has long haunted Canadian politics, and English-speaking Canadians have resisted such a break. But why, and how, does Quebec's membership in the existing constitutional order matter to Canadians outside Quebec?

The meaning of an expression resides not in the expression itself but in the experience of a person’s engagement with it. Meaning will be different not only to different people but also to the same person at different times. This book offers a way of attending to these different meanings. This way (or method) is a version of a trans-cultural activity that Richard Dawson calls attunement. The activity of attunement involves a movement of self-adjustment to a language, which a person transforms in her or his use of it. Consciously performing the activity can enable understanding of the processes by which we constitute ourselves and others when we use a language. This directly connects to the topic justice, which is concerned with constituting appropriate selves and relations. Justice as Attunement engages with a wide range of texts – legal, literary, economic, philosophical, among others – and illuminates many useful and fascinating connections between them. There is a sense in which this book transcends disciplinary boundaries, for, in addition to students and scholars of law, literature, economics, and philosophy, it is written to a general reader who is interested in reflecting on and doing justice to their experiences in life.

In matters such as affirmative action or home schooling, rights of ethnic and other minority groups often come into conflict with those of society in a culturally diverse population such as ours. But before considering the dilemmas posed by these issues, we must first ask such basic but important questions as what group rights are and how they intersect with the principles of democracy. This new collection brings together some of today's leading thinkers from the cutting edge of these debates, taking in a broad range of issues confronting philosophers, sociologists, and political scientists. Contributors such as Carl Wellman, Carol Gould, and Rex Martin examine the nature of groups and the conflict between group rights and democracy and also consider case studies depicting current issues in cultural, ethnic, and religious rights. The first section, on the nature of groups, examines some of the perplexing alternatives in the formulation of a theory of group rights. These articles investigate the kinds of rights minorities might claim and ask when groups can be held responsible for the acts of some of their members. The second section addresses the treatment of groups in a democracy and the precarious balance between indifference toward minorities and capitulation to their demands. Here the contributors examine five principles for the sensitive treatment of minority and disadvantaged groups in a democratic society. A final section explores specific conflicts between subgroup and societal claims through case studies dealing with affirmative action, religious practice and the education of children, and the land rights of indigenous peoples. By drawing on the legal and political dilemmas related to these cases, the authors confront issues of core versus peripheral interests, of individual member versus subgroup rights, and of the possibilities for social openness raised in the preceding sections Written from varied perspectives, Groups and Group Rights offers stimulating reading for both students and professionals as it takes on some of the most pressing dilemmas confronting our society.

Drawing on critical theories within and without the international legal discipline, this book offers a fresh approach to the debate on global constitutionalism – an approach that attempts to get beyond the liberal democratic trajectories in which it is currently entrenched.

Calls for the provision of group rights are a common part of politics in Canada. Many liberal theorists consider identity claims a necessary condition of equality, but do these claims do more harm than good? To answer this question, Caroline Dick engages in a critical analysis of liberal identity-driven theories and their application in cases such as Sawridge Band v. Canada, which sets a First Nation’s right to self-determination against indigenous women’s right to equality. She contrasts Charles Taylor’s theory of identity recognition, Will Kymlicka’s cultural theory of minority rights, and Avigail Eisenberg’s theory of identity-related interests with an alternative rights framework that account for both group and in-group differences. Dick concludes that the problem is not the concept of identity itself but the way in which prevailing conceptions of identity and group rights obscure intragroup differences. Instead, she proposes a politics of intragroup difference that has the power to transform rights discourse in Canada.

Ben-Dor (law, U. of Southampton) developed this book concerning critical constitutionalism from his doctoral thesis at University College London. In it, he interprets unpublished and recently published texts by Jeremy Bentham (1748-1832), first reconstructing the most general argument about Bentham's legal and political thought as a founder of utilitarianism, and then analyzing Bentham's work within the context of contemporary debates in legal and political philosophy. He concludes that the technical and reductionist methodology associated with utilitarianism don't do justice to the theory, which identifies the maximization of pleasure as the most fundamental self-interest guiding people. Distributed by ISBS. c. Book News Inc.