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  1. Gender, Culture and the Law: Approaches to 'Honour Crimes' in the UK. [REVIEW]Rupa Reddy - 2008 - Feminist Legal Studies 16 (3):305-321.
    This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those (...)
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  • Beyond Multiculturalism – but to Where? Public Justice and Cultural Diversity.Jonathan Chaplin - 2008 - Philosophia Reformata 73 (2):190.
  • Empowering Minority Women: Autonomy Versus Participation.Andrea Baumeister - 2012 - Contemporary Political Theory 11 (3):285-304.
  • “How Does Change Happen?” Deliberation and Difficulty.Brooke A. Ackerly - 2007 - Hypatia 22 (4):46-63.
    : Theoretically, feminists ought to be the best deliberative democrats. However, political commitments (which this author shares) to inclusiveness on issues of reproductive health and gay and lesbian rights, for example, create a boundary within feminism between those committed to the "feminist consensus" on these issues and women activists who share some feminist commitments, but not all. This article offers theoretically and empirically informed suggestions for how feminists can foster inclusive deliberation within feminist spaces.
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  • Le Casse-Tête de la Citoyenneté Par Droit de Naissance.Ayelet Shachar - 2012 - Les Ateliers de L’Ethique 7 (2):89-116.
    Cet article est la traduction française de l’introduction du livre d’Ayelet Shachar, «The Puzzle of Birthright Citizenship», avec la permission de l’éditeur, tirée de The Birthright Lottery : Citizenship and Global Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 President and Fellows of Harvard College. Traduction de Martin Provencher.This paper is the French translation of Ayelet Shachar’s introduction, «The Puzzle of Birthright Citizenship», digitally reproduced by permission of the publisher from The Birthright Lottery : Citizenship and Global Inequality, Cambridge, (...)
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  • Legal Argumentation and Justice in Luhmann’s System Theory of Law.Francesco Belvisi - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (2):341-357.
    The paper reconstructs Luhmann’s conception of legal argumentation and justice especially focussing on the aspects of contingency and self-referring operative closure. The aim of his conception is to describe/explain in a disenchanted way—from an external, of “second order” point of view—the work on adjudication, which, rather idealistically, lawyers and judges present as being a matter of reason. As a consequence of some surface similarities with Derrida’s deconstructive philosophy of justice, Teubner proposes integrating the supposed reductive image of formal justice described (...)
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  • What the Liberal State Should Tolerate Within Its Borders. [REVIEW]Andrew Jason Cohen - 2007 - Canadian Journal of Philosophy 37 (4):479-513.
    Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...)
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  • Is Rooted Cosmopolitanism Bad for Women?Kathryn Walker - 2012 - Journal of Global Ethics 8 (1):77-90.
    Assuming similarities between the domestic and global spheres of justice, I consider how lessons from the debate over women's rights and multiculturalism can be applied to global justice. In doing so, I focus on one strain of thinking on global justice, current moderations and modifications to cosmopolitanism. Discussions of global justice tend to approach the question of gender equity in one of two distinct ways: through articulations a cosmopolitanism ethic, advancing women's rights with the discourse of universal human rights or (...)
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  • El derecho de la igualdad: Resolviendo conflictos de igualdad Y derechos humanos. La experiencia británica.Maleiha Malik - 2011 - Anales de la Cátedra Francisco Suárez 45:109-146.
    This paper examines conflicts of rights and competing interests in the context of the British equalities framework. The expansion of the grounds of European Union and domestic discrimination law beyond the traditional categories of race and sex to also include disability, sexual orientation, gender identity, religion or belief and age has made this an important issue. In addition, the increasing recognition of ‘equality’ and ‘non-discrimination’ as important rights raises the spectre of conflict with other human rights such as the right (...)
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  • Human Dignity as High Moral Status.Manuel Toscano - 2011 - Les ateliers de l'éthique/The Ethics Forum 6 (2):4-25.
    In this paper I argue that the idea of human dignity has a precise and philosophically relevant sense. Following recent works,we can find some important clues in the long history of the term.Traditionally, dignity conveys the idea of a high and honourable position in a hierarchical order, either in society or in nature. At first glance, nothing may seem more contrary to the contemporary conception of human dignity, especially in regard to human rights.However,an account of dignity as high rank provides (...)
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  • Multicultural Multilegalism – Definition and Challenges.Morten Ebbe Juul Nielsen - 2011 - Les ateliers de l'éthique/The Ethics Forum 6 (2):126-154.
    Multilegalism is a species of legal pluralism denoting the existence of quasi-autonomous “minority jurisdictions” for at least some legal matters within a “normal” state jurisdiction. Multiculturalism in the advocatory sense might provide the justification for establishing such minority jurisdictions. This paper aims to provide 1) a detailed idea about what such a multicultural multilegal arrangement would amount to and how it differs from certain related concepts and legal frameworks, 2) in what sense some standard multicultural arguments could provide a starting (...)
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  • Islamic Family Law in Europe? From Dichotomies to Discourse - Or: Beyond Cultural and Religious Identity in Family Law.Andrea Büchler - 2012 - .
    In a number of European countries there are fears that foreign, particularly Islamic, family law is becoming entrenched. All parties to this discussion see themselves as under threat. Migrant populations claim their right to cultural identity, while their host countries' domestic populations see a risk to social cohesion. Family law brings the underlying tensions into sharp focus. Cultural and religious identity and family law are interrelated in a number of ways and raise various complex issues. European legal systems have taken (...)
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  • Are the Powers of Traditional Leaders in South Africa Compatible with Women’s Equal Rights?: Three Conceptual Arguments.Kristina A. Bentley - 2005 - Human Rights Review 6 (4):48-68.
    This paper is about conflicts of rights, and the particularly difficult challenges that such conflicts present when they entail women’s equality and claims of cultural recognition. South Africa since 1994 has presented a series of challenging—but by no means unique—circumstances many of which entail conflicting claims of rights. The central aim of this paper is, to make sense of the idea that the institution of traditional leadership can be sustained—and indeed given new, more concrete powers—in a democracy; and to explore (...)
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  • Relational Group Autonomy: Ethics of Care and the Multiculturalism Paradigm.Fiona Macdonald - 2010 - Hypatia 25 (1):196 - 212.
    In recent decades, group autonomy approaches to have gained kgitimacy within both academic and policy circles. This article examines the centrality of group autonomy in the multiculturalism debate, particuhrly in the highly influential approach of Will Kymlicka. I argue that his response to the dilemmas of liberd-democratic multiculturalism relies on an underdeveloped conceptualization of group autonomy. Despite presumably good intentions, his narrow notion of cultural group autonomy obscures the requirements of minority group members' democratic capabilities and thereby works against the (...)
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  • The Right to Culture, the Right to Dispute, and the Right to Exclude. A New Perspective on Minorities Within Minorities.Meital Pinto - 2015 - Ratio Juris 28 (4):521-539.
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  • Gender Equality and Cultural Justice: The Limits of 'Transformative Accommodation'.Andrea T. Baumeister - 2006 - Critical Review of International Social and Political Philosophy 9 (3):399-417.
  • Are There Rights to Institutional Exemptions?Andrew Shorten - 2015 - Journal of Social Philosophy 46 (2):242-263.
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  • A Response to Monica Mookherjee.Fariha Thomas - 2008 - Res Publica 14 (3):169-176.
    This response discusses Mookherjee’s views on plural autonomy and autonomy-promoting education, and her recognition that different cultural value systems can lead to varied responses and strategies across cultures. It considers mechanisms to counter forced marriage and argues from the standpoint of grassroots work within the Muslim community for the importance of the distinction between traditional culture and religion. It raises the issues of racism, islamophobia, and stereotyping in silencing Muslim women’s voices and reducing the space for them to argue for (...)
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  • Book Review. [REVIEW]Anastasia Vakulenko - 2007 - Feminist Legal Studies 15 (2):251-254.
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  • Debate: What is so Special About Religion? The Dilemma of the Religious Exemption.Sonu Bedi - 2007 - Journal of Political Philosophy 15 (2):235–249.
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  • Feminism and the Islamic Revival: Freedom as a Practice of Belonging.Allison Weir - 2013 - Hypatia 28 (2):323-340.
    In her book, Politics of Piety: The Islamic Revival and the Feminist Subject, Saba Mahmood analyzes the practices of the women in the mosque movement in Cairo, Egypt. Mahmood argues that in order to recognize the participants as agents, we need to question the assumption that agency entails resistance to norms; moreover, we need to question the feminist allegiance to an unquestioned ideal of freedom. In this paper, I argue that rather than giving up the ideal of freedom, we can (...)
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  • ?How Does Change Happen?? Deliberation and Difficulty.Brooke A. Ackerly - 2007 - Hypatia: A Journal of Feminist Philosophy 22 (4):46-63.
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  • Positivism and Plural Legal Systems.John Eekelaar - 2012 - Ratio Juris 25 (4):513-526.
    This paper considers whether the positivist account of law is useful in guiding states in how they should deal with religious or customary legal orders followed by minority groups within their jurisdiction. It argues, first, that such orders can be said to exist despite the prevalence of disagreement about the grounds of law. It then argues, contrary to views advanced by Scott Shapiro and Joseph Raz, that there are good reasons for perceiving that the resolution of legal disputes by reference (...)
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