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By Tierneyq, Stephen Tierney

This ebook explores fresh advancements within the thought and perform of accommodating cultural variety inside of democratic constitutional orders. It brings jointly philosophers and criminal students to discover the inter-play among the normative precepts complex by way of the previous for the lodging of cultural pluralism and the truth of that lodging because it performs itself out in political and criminal perform, as defined through the latter. the purpose of the e-book is to supply a holistic photo of the constitutional administration of cultural range throughout the prisms of other disciplines and reports: theoretical and sensible. Contributions come from Canada, Scotland and England and focus on major case stories: a important learn of the lodging of indigenous peoples inside of various constitutional orders and, secondly, the function of the courts as their method of cultural range evolves in advanced pluralist democracies reminiscent of Australia, Canada and the united kingdom.

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Accommodating Cultural Diversity

This e-book explores fresh advancements within the thought and perform of accommodating cultural variety inside of democratic constitutional orders. It brings jointly philosophers and criminal students to discover the inter-play among the normative precepts complex through the previous for the lodging of cultural pluralism and the truth of that lodging because it performs itself out in political and criminal perform, as defined by way of the latter.

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Moreover, 9 The partial exception concerns Indian tribal governments in the US, which are partially exempted from some provisions of the US Bill of Rights, and this exemption has allowed some tribes to adopt policies that violate liberal norms. But it is worth emphasising that, while many tribal governments defend this partial exemption from the US Bill of Rights, they typically do not object to the idea that their self-government decisions should be subject to international human rights norms and international monitoring.

This ‘traditional liberal’ answer typically pleads for a separation between culture and state along the lines set out for dealing with religious diversity. The second thesis argues that the cultural context of choice that is relevant to individuals is the nation. Liberal nationalists claim that we should grant nations the right to maintain themselves as distinct societies, since the cultural membership that is argued to be valuable to individuals is national in nature. This thesis may be contrasted with a different understanding of the relevant unit of cultural membership, which stresses the inherent fluidity and hybridity of people’s cultural frame of reference.

4 Kymlicka’s theory is larger than this account of it emphasises. It also provides a justification of minority rights for immigrants, which Kymlicka argues should take the form of ‘polyethnic rights’ to be distinguished from the further-reaching self-government rights for national groups, on which I focus here. Towards a Hybrid Theory of Multinational Justice 39 76). Societal cultures tend to be territorially concentrated and based on a shared language. The liberalism Kymlicka endorses not only rests on the value of individual autonomy, but is also based on a commitment to equality of opportunity.

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