By Meena K. Bhamra
Within the urgency to answer the demanding situations posed through variety in modern societies, the dialogue of normative foundations is frequently ignored. This booklet takes that vital first step, and gives new methods of puzzling over variety. Its contribution to an ongoing discussion during this box lies within the development of a normative framework which endeavours to higher comprehend the demanding situations of justice in diversified societies. through utilising this normative framework to express and broader examples of injustices within the spheres of faith, tradition, race, ethnicity, gender and nationality, the e-book demonstrates how constitutional pluralist discourses can give a contribution either to new and criminal responses to range. The booklet may be of curiosity to attorneys, coverage makers, legislation scholars and students occupied with exploring range within the twenty first century.
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Extra info for The Challenges of Justice in Diverse Societies: Constitutionalism and Pluralism
First, I look at the idea of free and fair access to and participation in social life. Secondly, I consider the conceptualisation of civil society beyond the bounds of official action, and thereby extend the general idea of justice beyond familiar notions of electoral suffrage, and having a voice in democratic processes. The First Pillar: The Value of Diverse Identities Charles Taylor rightly notes that ‘our ancestors of more than a couple of centuries ago would have stared at us uncomprehendingly if we had used [recognition and identity] in their current sense’ (1994: 26).
I make reference to both here in order to highlight how, having established on a normative level that diverse identities must be promoted, plural societies must impact on our interpretations of the demands of justice. If each member of society is to receive her dues, it seems to follow that the diversity within our societies must impact the deliverance of justice. 36 Habermas has dismissed the criticism of the problem of dissociating the self that considers these interests and the self that has those needs and interests, since his form of impartiality involves a process where the participant attempts to occupy the standpoint of all others affected by a norm and to identify their needs and interests.
He summarises that ‘minority rights are consistent with liberal culturalism if (a) they protect the freedom of individuals within the group; and (b) they promote relations of equality (non-dominance) between groups’ (2001: 22–3). However, he argues that this stage needs to be challenged because it misinterprets the demands that a liberal state places on minorities. The third stage, which is what Kymlicka argues for in this study (2001), is one where theorists shed the assumption that in its default position the liberal state is ethnoculturally neutral: this assumption insists that the state is indifferent to its citizens’ ability to reproduce their culture, so that culture is in the same position as religion, namely, it is something that individuals are free to pursue in their private lives.