Multicultural Jurisdictions: Cultural Differences and Women's Rights

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Cambridge University Press, Sep 6, 2001 - Law - 193 pages
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Can the state respect cultural differences while protecting the rights of vulnerable group members, in particular women? Shachar argues that it is both theoretically needed and institutionally feasible. Rejecting prevalent solutions to this "paradox of multicultural vulnerability", Multicultural Jurisdictions argues for enhancing minorities' autonomy, while providing viable legal-institutional solutions to intra-group rights violation. This new "joint governance" approach reduces the injustice between minority groups and society, while enhancing justice within them. This book will interest students of political and social theory, law, religion, institutional design, and cultural and gender studies.
  

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Contents

Introduction
1
an unattainable marriage?
4
An exploration of the institutional issues surrounding multicultural accommodation
8
Outline of the book
10
The road ahead
15
The perils of multicultural accommodation
17
Standard citizenship models
20
the bond between the individual and the state
21
A critique of current legal approaches
71
The secular absolutist model
72
The religious particularist model
78
The insufficiency of current theoretical and applied legal models
85
Sharing the pieces of jurisdictional authority mapping the possibilities
88
Mutually reenforcing rights and nomos
89
The plurality of joint governance
90
Jurisdictional solutions
91

The missing third component
22
group state individual
25
Strong and weak versions of multiculturalism
28
Three types of group response to assimilation pressures
33
Limited particularism
34
Reactive culturalism
35
The inevitable insideoutside interaction
37
The domestic impunity fallacy
40
Summary
42
Family law and the construction of collective identity
45
Incidental vs systemic ingroup violation
47
The anatomy of family law
49
Family laws demarcating function
51
Family laws distributive function
54
Cultural preservation multicultural accommodation and womens ingroup subordination
55
The agunah test case
57
Reactive culturalism and multicultural accommodation
60
Summary
61
State vs nomos lessons from contemporary law and normative theory
63
Two theoretical responses to the paradox of multicultural vulnerability
64
The reuniversalized citizenship option
65
The unavoidable costs approach
68
Transcending the eitheror framework
70
Variants of joint governance
92
Temporal accommodation
96
Consensual accommodation
103
Contingent accommodation
109
Summary
113
Transformative accommodation utilizing external protections to reduce internal restrictions
117
Principles of transformative accommodation
118
Allocating jurisdiction along submatter lines
119
The no monopoly rule
120
The establishment of clearly delineated choice options
122
Transformative accommodation vs other variants of joint governance
126
tensions and possibilities
128
fostering change from within
131
Dividing demarcation from distribution
132
Breaking the propertystatus extortion cycle
135
Empowering the once vulnerable
138
Harnessing group survival instincts
140
Summary
143
Conclusion
146
How transformative accommodation works in different social arenas
151
References
166
Index
187
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About the author (2001)

Ayelet Shachar is Assistant Professor of Law in the Faculty of Law, University of Toronto. She is also currently a Member at the Institute for Advanced Study, Princeton. She has written extensively on issues of contemporary political theory, group rights and gender equality. Her most recent publications appear in the Journal of Political Philosophy, Political Theory and the Harvard Civil Rights - Civil Liberties Law Review. She has also contributed to several edited volumes including Multicultural Questions (1999); Citizenship in Diverse Societies (2000); and From Migrants to Citizens (2000).