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Law and Ethnic Plurality

Author: Prakash Shah

Publisher: Martinus Nijhoff Publishers

Published: 2007

Total Pages: 250

ISBN-13: 9004162453

The large-scale establishment of ethnic minorities and diasporic communities in Europe has gained the attention of social science scholars for a number of decades now. However, legal interest in this field has remained relatively underdeveloped, and few scholars have addressed emerging legal issues to any significant degree. This collection of contributions by leading writers in the field of ethnic migration and diaspora studies therefore provides some important interdisciplinary perspectives of how ethnic/diasporic minorities in British and European contexts interact with the official legal system. This volume makes a significant contribution in assessing the role of law in current debates on the integration of ethnic and religious minorities of migrant origin in the EU. The chapters derive from papers first delivered at a lecture series on 'Cultural Diversity and Law' at the Institute of Advanced Legal Studies. The contributors' disciplinary interests range across law, anthropology, sociology, geography and political theory, and each one addresses the issues within his or her field of study by adopting approaches that place law within its wider social and political context. The topics covered range from a number of 'public' and 'private' law issues as well as the more conceptual realms of jurisprudence. They include marriage laws, approaches to dispute resolution, the role of courts and juries in the criminal justice system, drugs policies and the criminalisation of minorities, free speech and blasphemy, planning laws and the construction of religious buildings, composition of the judiciary, the normative foundations of cultural diversity in law, and integration and law. Thecompilation should therefore attract an interest beyond its core readership in law, making legal issues accessible to a whole range of students and policy makers within the social sciences.

Legal Pluralism in Conflict

Author: Prakash Shah

Publisher: Routledge

Published: 2016-09-17

Total Pages: 213

ISBN-13: 1135308780

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Legal Pluralism in Conflict offers a new theoretical perspective for conceptualising and analysing the relationship between ethnic minority laws and the official legal order. Examining the limits of liberal legal thought in light of a contemporary plurality of ethnic identifications and religious beliefs, Prakash Shah takes up the case for a 'legal pluralism' that views ethnic minority laws in interaction with the official British legal order. This form of legal pluralism is not, however, without conflict. This book pursues a series of case studies that critically consider why and how state laws marginalise ethnic minority legal orders. Legal Pluralism in Conflict contains discussions of the recognition of polygamous marriages, homicide, the expertise provided in immigration cases and the legal discourse of nationality. It is in this engagement with some of the most challenging issues posed by the diverse character of modern society that its author sets out an alternative course for ethnic minority legal studies. Legal Pluralism in Conflict will be invaluable to students and researchers concerned with law's relationship to and treatment of ethnic and religious diversity, as well as to those with wider interests in the limits and possibilities of political pluralism.

American Cultural Pluralism and Law

Author: Jill Norgren

Publisher: Praeger

Published: 2006-07-30

Total Pages: 308

ISBN-13:

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Previous editions published : 1996 (2nd) and 1988 (1st).

Cultural Pluralism, Identity Politics, and the Law

Author: Austin Sarat

Publisher: University of Michigan Press

Published: 2014-05-14

Total Pages: 194

ISBN-13: 9780472023769

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We are witnessing in the last decade of the twentieth century more frequent demands by racial and ethnic groups for recognition of their distinctive histories and traditions as well as opportunities to develop and maintain the institutional infrastructure necessary to preserve them. Where it once seemed that the ideal of American citizenship was found in the promise of integration and in the hope that none of us would be singled out for, let alone judged by, our race or ethnicity, today integration, often taken to mean a denial of identity and history for subordinated racial, gender, sexual or ethnic groups, is often rejected, and new terms of inclusion are sought. The essays in Cultural Pluralism, Identity Politics, and the Law ask us to examine carefully the relation of cultural struggle and material transformation and law's role in both. Written by scholars from a variety of disciplines and theoretical inclinations, the essays challenge orthodox understandings of the nature of identity politics and contemporary debates about separatism and assimilation. They ask us to think seriously about the ways law has been, and is, implicated in these debates. The essays address questions such as the challenges posed for notions of legal justice and procedural fairness by cultural pluralism and identity politics, the role played by law in structuring the terms on which recognition, accommodation, and inclusion are accorded to groups in the United States, and how much of accepted notions of law are defined by an ideal of integration and assimilation. The contributors are Elizabeth Clark, Lauren Berlant, Dorothy Roberts, Georg Lipsitz, and Kenneth Karst.

Ethnic Minority Legal Studies

Author: Werner Menski

Publisher:

Published: 2010-11-01

Total Pages: 224

ISBN-13: 9780754678465

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This volume traces the development of the management of cultural diversity and legal pluralism and shows how certain continuities and discontinuities have been developing over time.

International Approaches to Governing Ethnic Diversity

Author: Jane Boulden

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 337

ISBN-13: 0199676585

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One of the most remarkable features of the post-Cold War period has been the upsurge of international involvement in questions of ethnic diversity. From the United Nations and the European Court of Human Rights to diverse international philanthropic and advocacy organizations, a wide range of international actors have adopted policies and principles for addressing questions of ethnic rights, identity, and conflict. International Approaches to Governing Ethnic Diversity explores whether and how these international actors contribute to the peaceful and democratic governance of ethnic diversity. It focuses on two broad areas of international work: the evolution of international legal norms regarding the rights of minorities and indigenous peoples, and international approaches to conflict and post-conflict development. The book charts new territory by mapping the range of international actors who affect the governance of ethnic diversity, and exploring their often contradictory roles and impacts. Most international actors come to questions of ethnic diversity indirectly and reluctantly, on the basis of widely varying mandates many of which were established to fulfill other objectives.They naturally therefore have different priorities and perspectives. And yet, the book identifies a striking convergence amongst international actors around discourses of diversity and equality, demonstrating the existence of an epistemic community where actors work within common vocabularies, discourses and principles that attempt to link human rights, pluralism, development and peace. --Provided by publisher.

American Cultural Pluralism and Law

Author: Jill Norgren

Publisher: Greenwood

Published: 1996

Total Pages: 328

ISBN-13:

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This new and updated edition of Norgren and Nanda's classic text brings their examination of American cultural pluralism and the law up to date through the Clinton administration. While maintaining their emphasis on the concept of cultural diversity as it relates to the law in the United States, new and updated chapters reflect recent relevant court cases bearing on culture, race, gender, and class, with particular attention paid to local and state court opinions. Drawing on court materials, statutes and codes, and legal ethnographies, the text analyzes the ongoing negotiations and accommodations via the mechanism of law between culturally different groups and the larger society. An important text for courses in American government, society and the law, cultural studies, and civil rights.

Law and Ethnic Plurality

Author: Prakash Shah

Publisher: BRILL

Published: 2007-10-30

Total Pages: 249

ISBN-13: 9047422015

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The large-scale establishment of ethnic minorities and diasporic communities in Europe has gained the attention of social science scholars for a number of decades now. However, legal interest in this field has remained relatively underdeveloped, and few scholars have addressed emerging legal issues to any significant degree. This collection of contributions by leading writers in the field of ethnic migration and diaspora studies therefore provides some important interdisciplinary perspectives of how ethnic/diasporic minorities in British and European contexts interact with the official legal system. This volume makes a significant contribution in assessing the role of law in current debates on the integration of ethnic and religious minorities of migrant origin in the EU. The chapters derive from papers first delivered at a lecture series on ‘Cultural Diversity and Law’ at the Institute of Advanced Legal Studies. The contributors’ disciplinary interests range across law, anthropology, sociology, geography and political theory, and each one addresses the issues within his or her field of study by adopting approaches that place law within its wider social and political context. The topics covered range from a number of ‘public’ and ‘private’ law issues as well as the more conceptual realms of jurisprudence. They include marriage laws, approaches to dispute resolution, the role of courts and juries in the criminal justice system, drugs policies and the criminalisation of minorities, free speech and blasphemy, planning laws and the construction of religious buildings, composition of the judiciary, the normative foundations of cultural diversity in law, and integration and law. The compilation should therefore attract an interest beyond its core readership in law, making legal issues accessible to a whole range of students and policy makers within the social sciences.