Cloth $85.00 ISBN: 9780708320068 Published April 2007 For sale in North and South America, Australia, and New Zealand only
Paper $10.00 ISBN: 9780708320051 Published April 2007 For sale in North and South America, Australia, and New Zealand only

Multiculturalism and Law

A Critical Debate

Edited by Omid A. Payrow Shabani

Edited by Omid A. Payrow Shabani

Distributed for University of Wales Press

320 pages | 5-1/2 x 8-1/2
Cloth $85.00 ISBN: 9780708320068 Published April 2007 For sale in North and South America, Australia, and New Zealand only
Paper $10.00 ISBN: 9780708320051 Published April 2007 For sale in North and South America, Australia, and New Zealand only
As recent controversies over satirical religious cartoons in Denmark and the wearing of traditional dress in France attest, multiculturalism is an increasingly contentious issue for contemporary democracies. The question of how to achieve a balance between a tolerant and open society and a just nation with a strong identity has become one of the most heated debates in the academic community—and a matter of immediate political urgency for many countries.
Multiculturalism and the Law brings together some of the sharpest and most influential scholars of our time, including Jürgen Habermas and Thomas McCarthy, to explore the pacifying role that democratic lawmaking offers as a solution to the instability and divisiveness fostered by cultural diversity. Can the law promote equality, inclusion, and solidarity? The emerging consensus among many political philosophers that it can is debated here by a distinguished group of thinkers, and their contributions are essential reading for both policy makers and a wide range of scholars.
Contents
Acknowledgements
Contributors
Introduction: The Practice of Law-Making and the Problem of Difference
     Omid Payrow Shabani
 
PART 1: The Nature of Political Deliberation in Pluralistic Societies
1. The Practice of Law-Making and the Problem of Difference: An Introduction
    to the Field - James Tully
2. Dialogical Freedom and Democratic Deliberation - Thomas McCarthy
3. Perspicuous Representation versus Normative Theory: A Critical Commentary
    on James Tully's Approach to Recognition - Jocelyn Maclure
 
PART 2: The Nature of Legal Interpretation in Pluralistic Societies
4. A Judicial Ethic for a Pluralistic Age - Jeremy Webber
5. Disagreement and the Legitimacy of Legal Interpretation - Kenneth Baynes
6. It is Not in Heaven! Adjudicating Hard Cases - Simone Chambers
 
PART 3: Reconciling Equality and Difference through the Law
7. Status versus Equality: The Accommodation of Difference - Jeremy Waldron
8. Equality and the Dialectic between Identity and Difference - Michel Rosenfeld
9. Republicanism and Difference: Hegelian Perspective - Douglas Moggach
 
PART 4: The Global Dimension
10. The Kantian Project of the Constitutionalization of International Law: Does it
      Still have a Chance? - Jürgen Habermas
11. Making a World of Difference? Habermas, Cosmopolitanism and the
      Constitutionalization of International Law - Neil Walker
12. Rights to Culture, Autonomy and Participation: The Evolving Basis of Minority
      Rights in Europe - Will Kymlicka
13. Democratic Engagement with Ethnic Minority Claims: A Methodological
      Intervention into a Normative Debate - Courtney Jung
 
Notes
References
Index
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