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Distributed for University of British Columbia Press

Diversity and Equality

The Changing Framework of Freedom in Canada

The tension between diversity and equality is central to debates about multiculturalism, self-determination, identity, and pluralism. How, for example, can the claims of ethnic and religious groups be respected when they conflict with individual rights and liberal equality? Diversity and Equality critically examines the challenge of protecting rights in diverse societies such as Canada. It develops new approaches in philosophy, law, politics, and anthropology to address the goals and problems associated with cultural, religious, and national minority rights. The contributors to this volume explore the conflicts between group demands for cultural autonomy and individual assertions of basic interests. At stake in these debates about rights and autonomy in multicultural and multinational democracies is the very meaning of freedom.

224 pages

Law and Society


Table of Contents

Acknowledgments

Introduction: New Approaches to Fundamental Freedom in Canada / Avigail Eisenberg

1. Reconciling Struggles over the Recognition of Minorities: Towards a Dialogical Approach / James Tully

2. Reasoning about Identity: Canada’s Distinctive Culture Test / Avigail Eisenberg

3. The Imperative of “Culture” in a Colonial and de Facto Polity / Shauna McRanor

4. Culture as a Basic Human Right / Cindy Holder

5. The Misuse of “Culture” by the Supreme Court of Canada / Neil Vallance

6. Gender, Difference, and Anti-Essentialism: Towards a Feminist Response to Cultural Claims in Law / Maneesha Deckha

7. Interpreting the Identity Claims of Young Children / Colin Macleod

8. Protecting Confessions of Faith and Securing Equality of Treatment for Religious Minorities in Education /

9. The Irreducibly Religious Content of Freedom of Religion / Jeremy Webber

Notes on Contributors

Index

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