Author: Jill NorgrenPublisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 308
Book Description
Previous editions published : 1996 (2nd) and 1988 (1st).
American Cultural Pluralism and Law
Author: Jill NorgrenPublisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 308
Book Description
Previous editions published : 1996 (2nd) and 1988 (1st).
American Cultural Pluralism and Law
Author: Jill NorgrenPublisher: Greenwood
ISBN:
Category : Law
Languages : en
Pages : 328
Book Description
This new and updated edition of Norgren and Nanda's classic text brings their examination of American cultural pluralism and the law up to date through the Clinton administration. While maintaining their emphasis on the concept of cultural diversity as it relates to the law in the United States, new and updated chapters reflect recent relevant court cases bearing on culture, race, gender, and class, with particular attention paid to local and state court opinions. Drawing on court materials, statutes and codes, and legal ethnographies, the text analyzes the ongoing negotiations and accommodations via the mechanism of law between culturally different groups and the larger society. An important text for courses in American government, society and the law, cultural studies, and civil rights.
American Cultural Pluralism and Law
Author: Jill NorgrenPublisher: Greenwood
ISBN:
Category : Cultural pluralism
Languages : en
Pages : 280
Book Description
This new and updated edition of Norgren and Nanda's classic text brings their examination of American cultural pluralism and the law up to date through the Clinton administration. While maintaining their emphasis on the concept of cultural diversity as it relates to the law in the United States, new and updated chapters reflect recent relevant court cases bearing on culture, race, gender, and class, with particular attention paid to local and state court opinions. Drawing on court materials, statutes and codes, and legal ethnographies, the text analyzes the ongoing negotiations and accommodations via the mechanism of law between culturally different groups and the larger society. An important text for courses in American government, society and the law, cultural studies, and civil rights.
Cultural Pluralism, Identity Politics, and the Law
Author: Austin SaratPublisher: University of Michigan Press
ISBN: 9780472023769
Category : Law
Languages : en
Pages : 194
Book Description
We are witnessing in the last decade of the twentieth century more frequent demands by racial and ethnic groups for recognition of their distinctive histories and traditions as well as opportunities to develop and maintain the institutional infrastructure necessary to preserve them. Where it once seemed that the ideal of American citizenship was found in the promise of integration and in the hope that none of us would be singled out for, let alone judged by, our race or ethnicity, today integration, often taken to mean a denial of identity and history for subordinated racial, gender, sexual or ethnic groups, is often rejected, and new terms of inclusion are sought. The essays in Cultural Pluralism, Identity Politics, and the Law ask us to examine carefully the relation of cultural struggle and material transformation and law's role in both. Written by scholars from a variety of disciplines and theoretical inclinations, the essays challenge orthodox understandings of the nature of identity politics and contemporary debates about separatism and assimilation. They ask us to think seriously about the ways law has been, and is, implicated in these debates. The essays address questions such as the challenges posed for notions of legal justice and procedural fairness by cultural pluralism and identity politics, the role played by law in structuring the terms on which recognition, accommodation, and inclusion are accorded to groups in the United States, and how much of accepted notions of law are defined by an ideal of integration and assimilation. The contributors are Elizabeth Clark, Lauren Berlant, Dorothy Roberts, Georg Lipsitz, and Kenneth Karst.
To Be An American
Author: Bill Ong HingPublisher: NYU Press
ISBN: 0814773249
Category : Social Science
Languages : en
Pages : 256
Book Description
The impetus behind California's Proposition 187 clearly reflects the growing anti-immigrant sentiment in this country. Many Americans regard today's new immigrants as not truly American, as somehow less committed to the ideals on which the country was founded. In clear, precise terms, Bill Ong Hing considers immigration in the context of the global economy, a sluggish national economy, and the hard facts about downsizing. Importantly, he also confronts the emphatic claims of immigrant supporters that immigrants do assimilate, take jobs that native workers don't want, and contribute more to the tax coffers than they take out of the system. A major contribution of Hing's book is its emphasis on such often-overlooked issues as the competition between immigrants and African Americans, inter-group tension, and ethnic separatism, issues constantly brushed aside both by immigrant rights groups and the anti-immigrant right. Drawing on Hing's work as a lawyer deeply involved in the day-to-day life of his immigrant clients, To Be An American is a unique blend of substantive analysis, policy, and personal experience.
To Be an American
Author: Bill Ong HingPublisher: NYU Press
ISBN: 0814736092
Category : Law
Languages : en
Pages : 256
Book Description
The impetus behind California's Proposition 187 clearly reflects the growing anti-immigrant sentiment in this country. Many Americans regard today's new immigrants as not truly American, as somehow less committed to the ideals on which the country was founded. In clear, precise terms, Bill Ong Hing considers immigration in the context of the global economy, a sluggish national economy, and the hard facts about downsizing. Importantly, he also confronts the emphatic claims of immigrant supporters that immigrants do assimilate, take jobs that native workers don't want, and contribute more to the tax coffers than they take out of the system. A major contribution of Hing's book is its emphasis on such often-overlooked issues as the competition between immigrants and African Americans, inter-group tension, and ethnic separatism, issues constantly brushed aside both by immigrant rights groups and the anti-immigrant right. Drawing on Hing's work as a lawyer deeply involved in the day-to-day life of his immigrant clients, To Be An American is a unique blend of substantive analysis, policy, and personal experience.
Cultural Pluralism and Dilemmas of Justice
Author: Monique DeveauxPublisher: Cornell University Press
ISBN: 1501723758
Category : Political Science
Languages : en
Pages : 220
Book Description
How should democratic societies define justice for cultural minority groups, and how might such justice be secured? This book is a nuanced and judicious response to a critical issue in political theory—the challenge of according equal respect and recognition to minority groups and accommodating their claims for special cultural rights and arrangements.Monique Deveaux contends that liberal theorists fail to grant enough importance to identity and the content of cultural life in their attempts to conceive of political institutions for plural societies. She takes to task the spectrum of theories on pluralism, from weak and strong theories of tolerance through neutralist liberalism to comprehensive liberalism, and finally to arguments for deliberative politics that build on Jürgen Habermas's discourse ethics. The solution proposed here is "deliberative liberalism," which incorporates both critically reconceived principles of deliberative democracy and central liberal norms of consent and respect. Cultural conflicts in democratic societies include clashes involving Aboriginal peoples, ethnic and linguistic minorities, and recent immigrant groups in Europe, North America, and Australia. Drawing on examples from several countries, Deveaux concludes that genuine respect and recognition for cultural minorities requires full inclusion in existing institutions and the right to help shape the political culture of their own societies through democratic dialogue and deliberation.
Architect of Justice
Author: Dalia Tsuk MitchellPublisher: Cornell University Press
ISBN: 9780801439568
Category : Biography & Autobiography
Languages : en
Pages : 392
Book Description
A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907-1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of 1934, the Indian Claims Commission Act of 1946, and, as head of the Indian Law Survey, authoring The Handbook of Federal Indian Law (1941), which promoted the protection of tribal rights and continues to serve as the basis for developments in federal Indian law.In Architect of Justice, Dalia Tsuk Mitchell provides the first intellectual biography of Cohen, whose career and legal philosophy she depicts as being inextricably bound to debates about the place of political, social, and cultural groups within American democracy. Cohen was, she finds, deeply influenced by his own experiences as a Jewish American and discussions within the Jewish community about assimilation and cultural pluralism as well the persecution of European Jews before and during World War II.Dalia Tsuk Mitchell uses Cohen's scholarship and legal work to construct a history of legal pluralism--a tradition in American legal and political thought that has immense relevance to contemporary debates and that has never been examined before. She traces the many ways in which legal pluralism informed New Deal policymaking and demonstrates the importance of Cohen's work on behalf of Native Americans in this context, thus bringing federal Indian law from the margins of American legal history to its center. By following the development of legal pluralism in Cohen's writings, Architect of Justice demonstrates a largely unrecognized continuity in American legal thought between the Progressive Era and ongoing debates about multiculturalism and minority rights today. A landmark work in American legal history, this biography also makes clear the major contribution Felix S. Cohen made to America's legal and political landscape through his scholarship and his service to the American government.
Courts, Pluralism, and Law in the Everyday
Author: Cinzia PiciocchiPublisher:
ISBN: 9781032403687
Category : Courts
Languages : en
Pages : 0
Book Description
"This book examines the everyday judicial experience in four multicultural jurisdictions as a means of exploring the relationship between legal systems and cultural identities. Increasing social heterogeneity has deeply affected legal systems as courts and parliaments must now deal with a growing rate of cases concerning cultural pluralism. Headline grabbing disputes usually concern challenges to fundamental rights and principles which may be put at risk by some religious or cultural practices. These are difficult issues questioning the compatibility between some cultural and religious practices and constitutional values. However, much of the interaction between law and cultural pluralism also concerns daily life activities, which do not necessarily challenge fundamental rights. This book deals with food, clothing and days of rest: three expressions of both human needs and identity, which are based on ethnic origin, tradition, culture, religion or, simply, taste. The volume looks at the intersection between these choices and constitutional rights such as religious liberty, or freedom of expression. It aims to understand how the state legal system deals with them and when non-mainstreaming behaviours are accommodated. Four legal systems are taken into consideration: the United States of America, Canada, Franc, and Italy, exploring similarities and differences in facing cultural diversity around these quotidian issues. The book pays particular attention to the places where diversity is most apparent and also considers the choices that are not based on religious precepts, but rather on "personal philosophy". The book will be of interest to researchers, academics and policy-makers working in the areas of Constitutional Law, Law and Cultural Diversity, Human Rights, Minority Rights and Discrimination Law"--
Law, Cultural Diversity, and Criminal Defense
Author: Craig L. CarrPublisher: Routledge
ISBN: 0429015593
Category : Law
Languages : en
Pages : 154
Book Description
American legal scholars have debated for some time the need for a cultural defense in criminal proceedings where minority cultural information seems perti nent to a finding of criminal responsibility in situations where a minority cultural defendant has violated a valid criminal statute. This work presents a systematic analysis of this issue. Drawing from sociological, anthropological, and philosophical materials, as well as traditional legal discussions, the authors develop a scheme that indicates when cultural factors can be used as the basis for such a defense and when they are irrelevant to a finding of criminal responsibility. The argument moves from general concerns of social justice that apply under conditions of social and cultural pluralism to practical policy recommendations for the operation of American criminal justice. It thus connects more theoretical materials with the practical concerns of jurisprudence. The justification for legal recognition of a cultural defense in American criminal law is anchored firmly in American constitutional law.