The Law And Politics Of Inclusion

On the one hand, inclusion constitutes a powerful framework of political agency, as people can gain access to forms of recognition granting legal protection and social visibility. On the other hand, inclusion requires their adherence to fixed matrices incorporating specific and limited forms of life. This opposition reflects a similar division within the academic field: between liberal advocates of inclusion and those who regard it as a form of assimilation, where differences are absorbed and tempered. Uncovering the deficiencies in both viewpoints, this book analyzes inclusion by attending to the active role of subjects looking for inclusion, and mobilizing inclusive processes. Inclusion is thus reconceived as an ongoing, engaging movement of category-production, according to which there is no straightforward opposition between effective inclusion and assimilation. The book thus draws the idea of inclusion out of this opposition in order to delineate a form of political connectedness based on smaller social networks of solidarity that, although entailing some sort of normativity, are nevertheless characterized by fluidity and proximity. In this way, inclusion comes to be more productively, and more plausibly, reframed: as a web in which inclusive processes appear as moments of the renegotiation and rearticulation of a subjectivity in constant flux.

Assessing the limits of pluralism, this book examines different types of political inclusion and exclusion and their distinctive dimensions and dynamics. Why are particular social groups excluded from equal participation in political processes? How do these groups become more fully included as equal participants? Often, the critical issue is not whether a group is included but how it is included. Collectively, these essays elucidate a wide range of inclusion or exclusion: voting participation, representation in legislative assemblies, representation of group interests in processes of policy formation and implementation, and participation in discursive processes of policy framing. Covering broad territory—from African Americans to Asian Americans, the transgendered to the disabled, and Latinos to Native Americans—this volume examines in depth the give and take between how policies shape political configuration and how politics shape policy. At a more fundamental level, Ericson and his contributors raise some traditional and some not-so-traditional issues about the nature of democratic politics in settings with a multitude of group identities.

Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.

Focusing on Kenya’s path-breaking mobile money project M-Pesa, this book examines and critiques the narratives and institutions of digital financial inclusion as a development strategy for gender equality, arguing for a politics of redistribution to guide future digital financial inclusion projects. One of the most-discussed digital financial inclusion projects, M-Pesa facilitates the transfer of money and access to formal financial services via the mobile phone infrastructure and has grown at a phenomenal rate since its launch in 2007 to reach about 80 per cent of the Kenyan population. Through a socio-legal enquiry drawing on feminist political economy, law and development scholarship and postcolonial feminist debate, this book unravels the narratives and institutional arrangements that frame M-Pesa’s success while interrogating the relationship between digital financial inclusion and gender equality in development discourse. Natile argues that M-Pesa is premised on and regulated according to a logic of opportunity rather than a politics of redistribution, favouring the expansion of the mobile money market in preference to contributing to substantive gender equality via a redistribution of the revenue and funding deriving from its development. This book will be of particular interest to scholars and students in Global Political Economy, Socio-Legal Studies, Gender Studies, Law & Development, Finance and International Relations.

Digital Politics in Canada addresses a significant gap in the scholarly literature on both media in Canada and Canadian political science. Using a comprehensive, multidisciplinary, historical, and focused analysis of Canadian digital politics, this book covers the full scope of actors in the Canadian political system, including traditional political institutions of the government, elected officials, political parties, and the mass media. At a time when issues of inclusion are central to political debate, this book features timely chapters on Indigenous people, women, and young people, and takes an in-depth look at key issues of online surveillance and internet voting. Ideal for a wide-ranging course on the impact of digital technology on the Canadian political system, this book encourages students to critically engage in discussions about the future of Canadian politics and democracy.

Examines the concept of a legal order in the context of globalisation from the perspective of inclusion and exclusion.

The Inclusion of the Other contains Habermas's most recent work in political theory and political philosophy. Here Habermas picks up some of the central themes of Between Facts and Norms and elaborates them in relation to current political debates. One of the distinctive features of Habermas's work has been its approach to the problem of political legitimacy through a sustained reflection on the dual legitimating and regulating function of modern legal systems. Extending his discourse theory of normative validity to the legal-political domain, Habermas has defended a proceduralist conception of deliberative democracy in which the burden of legitimating state power is borne by informal and legally institutionalized processes of political deliberation. Its guiding intuition is the radical democratic idea that there is an internal relation between the rule of law and popular sovereignty. In these essays he brings this discursive and proceduralist analysis of political legitimacy to bear on such urgent contemporary issues as the enduring legacy of the welfare state, the future of the nation state, and the prospects of a global politics of human rights. This book will be essential reading for students and academics in sociology and social theory, politics and political theory, philosophy and the social sciences generally.

This controversial new look at democracy in a multicultural society considers the ideals of political inclusion and exclusion, and recommends ways to engage in democratic politics in a more inclusive way. Processes of debate and decision making often marginalize individuals and groups because the norms of political discussion are biased against some forms of expression. Inclusion and Democracy broadens our understanding of democratic communication by reflecting on the positive political functions of narrative, rhetorically situated appeals, and public protest. It reconstructs concepts of civil society and public sphere as enacting such plural forms of communication among debating citizens in large-scale societies. Iris Marion Young thoroughly discusses class, race, and gender bias in democratic processes, and argues that the scope of a polity should extend as wide as the scope of social and economic interactions that raise issues of justice. Today this implies the need for global democratic institutions. Young also contends that due to processes of residential segregation and the design of municipal jurisdictions, metropolitan governments which preserve significant local autonomy may be necessary to promote political equality. This latest work from one of the world's leading political philosophers will appeal to audiences from a variety of fields, including philosophy, political science, women's studies, ethnic studies, sociology, and communications studies.