James Ptacek (ed.)
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195335484
- eISBN:
- 9780199864331
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335484.001.0001
- Subject:
- Social Work, Children and Families, Crime and Justice
Despite significant accomplishments over the past 35 years, antiviolence activists know that justice for most abused women remains elusive. Most victims of violence against women do not call the ...
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Despite significant accomplishments over the past 35 years, antiviolence activists know that justice for most abused women remains elusive. Most victims of violence against women do not call the police or seek help from the courts. Are there new ways that survivors might find justice? This book examines new alternative justice practices for victims. These informal, dialogue-based practices, referred to as “restorative justice,” seek to decrease the role of the state in responding to crime, and increase the involvement of communities in meeting the needs of victims and offenders. Restorative Justice and Violence Against Women considers both the dangers and potential benefits of using restorative justice in response to these crimes. The contributors include antiviolence activists and scholars from the U.S., Canada, Australia, and New Zealand. A range of perspectives on these alternative justice practices is presented. This book also contains rich descriptions of new programs that combine restorative justice with feminist antiviolence approaches. The hope is that this will inspire survivors, advocates, community activists, and scholars to create new ways for abused women to find justice.Less
Despite significant accomplishments over the past 35 years, antiviolence activists know that justice for most abused women remains elusive. Most victims of violence against women do not call the police or seek help from the courts. Are there new ways that survivors might find justice? This book examines new alternative justice practices for victims. These informal, dialogue-based practices, referred to as “restorative justice,” seek to decrease the role of the state in responding to crime, and increase the involvement of communities in meeting the needs of victims and offenders. Restorative Justice and Violence Against Women considers both the dangers and potential benefits of using restorative justice in response to these crimes. The contributors include antiviolence activists and scholars from the U.S., Canada, Australia, and New Zealand. A range of perspectives on these alternative justice practices is presented. This book also contains rich descriptions of new programs that combine restorative justice with feminist antiviolence approaches. The hope is that this will inspire survivors, advocates, community activists, and scholars to create new ways for abused women to find justice.
Keith Banting, Richard Johnston, Will Kymlicka, and Stuart Soroka
- Published in print:
- 2006
- Published Online:
- May 2007
- ISBN:
- 9780199289172
- eISBN:
- 9780191711084
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199289172.003.0002
- Subject:
- Political Science, Political Economy
This chapter introduces a new framework for testing the recognition/redistribution hypothesis. It develops an index of twenty-three different types of MCPs that have been adopted for three different ...
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This chapter introduces a new framework for testing the recognition/redistribution hypothesis. It develops an index of twenty-three different types of MCPs that have been adopted for three different types of minority groups (immigrants, national minorities, and indigenous peoples). Western countries are then categorized in terms of their level of MCPs. Whether countries with higher levels of MCPs have faced an erosion of the welfare state as compared to countries with lower levels of MCPs is tested. It is shown that there is no negative correlation between the strength of a country's commitment to MCPs and its ability to sustain welfare spending or economic redistribution. The chapter also examines the heterogeneity/redistribution hypothesis, and shows that this too is overstated. In general, the size of immigrant groups, national minorities, and indigenous peoples in Western countries does not affect a country's ability to sustain its welfare commitments, although a rapid change in the size of immigrant groups does seem to have an effect. Yet even here, the authors of this chapter argue, there are hints that adopting MCPs can help to mitigate whatever negative effect a rapidly increasing immigrant population may have.Less
This chapter introduces a new framework for testing the recognition/redistribution hypothesis. It develops an index of twenty-three different types of MCPs that have been adopted for three different types of minority groups (immigrants, national minorities, and indigenous peoples). Western countries are then categorized in terms of their level of MCPs. Whether countries with higher levels of MCPs have faced an erosion of the welfare state as compared to countries with lower levels of MCPs is tested. It is shown that there is no negative correlation between the strength of a country's commitment to MCPs and its ability to sustain welfare spending or economic redistribution. The chapter also examines the heterogeneity/redistribution hypothesis, and shows that this too is overstated. In general, the size of immigrant groups, national minorities, and indigenous peoples in Western countries does not affect a country's ability to sustain its welfare commitments, although a rapid change in the size of immigrant groups does seem to have an effect. Yet even here, the authors of this chapter argue, there are hints that adopting MCPs can help to mitigate whatever negative effect a rapidly increasing immigrant population may have.
Donna Lee Van Cott
- Published in print:
- 2006
- Published Online:
- May 2007
- ISBN:
- 9780199289172
- eISBN:
- 9780191711084
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199289172.003.0010
- Subject:
- Political Science, Political Economy
In Latin America, neoliberal retrenchment of the state coincided with the increasing adoption of multiculturalist rights for indigenous peoples, and there has been a vibrant debate about the ...
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In Latin America, neoliberal retrenchment of the state coincided with the increasing adoption of multiculturalist rights for indigenous peoples, and there has been a vibrant debate about the relationship between these two phenomena. Did the rise of multiculturalism facilitate the rise of neoliberalism, or has multiculturalism provided a platform for resistance to it? This chapter discusses the forces giving rise to both MCPs and neoliberal reforms in Latin America, and the relationship between the coalitions involved in both sets of policy changes. It is shown that the relationship between multiculturalism and neoliberalism depends on the relative strength and cohesion of three key collective actors: neoliberal elites, the electoral left, and indigenous peoples' social movements. The strength of these actors varies over time, and across countries, which allows us to identify the conditions which recognition and redistribution are either mutually supportive or in tension in Latin America. The chapter concludes that the mobilization for indigenous rights has often served as an effective vehicle for building new left-wing coalitions that challenge neoliberalism.Less
In Latin America, neoliberal retrenchment of the state coincided with the increasing adoption of multiculturalist rights for indigenous peoples, and there has been a vibrant debate about the relationship between these two phenomena. Did the rise of multiculturalism facilitate the rise of neoliberalism, or has multiculturalism provided a platform for resistance to it? This chapter discusses the forces giving rise to both MCPs and neoliberal reforms in Latin America, and the relationship between the coalitions involved in both sets of policy changes. It is shown that the relationship between multiculturalism and neoliberalism depends on the relative strength and cohesion of three key collective actors: neoliberal elites, the electoral left, and indigenous peoples' social movements. The strength of these actors varies over time, and across countries, which allows us to identify the conditions which recognition and redistribution are either mutually supportive or in tension in Latin America. The chapter concludes that the mobilization for indigenous rights has often served as an effective vehicle for building new left-wing coalitions that challenge neoliberalism.
Willem Assies
- Published in print:
- 2006
- Published Online:
- May 2007
- ISBN:
- 9780199289172
- eISBN:
- 9780191711084
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199289172.003.0011
- Subject:
- Political Science, Political Economy
This chapter examines one of the most controversial cases in Latin America regarding the link between indigenous rights and neoliberal retrenchment. Bolivia is a central case since there indigenous ...
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This chapter examines one of the most controversial cases in Latin America regarding the link between indigenous rights and neoliberal retrenchment. Bolivia is a central case since there indigenous leaders have entered into alliances with neoliberal parties, gaining modest indigenous MCPs in return for not opposing structural reforms. Yet these alliances did not last, and many indigenous leaders insist that neoliberalism and indigenous rights are inherently in conflict. The chapter explores what the Bolivian case says about the potential for alliances between MCPs and neoliberalism and their limits.Less
This chapter examines one of the most controversial cases in Latin America regarding the link between indigenous rights and neoliberal retrenchment. Bolivia is a central case since there indigenous leaders have entered into alliances with neoliberal parties, gaining modest indigenous MCPs in return for not opposing structural reforms. Yet these alliances did not last, and many indigenous leaders insist that neoliberalism and indigenous rights are inherently in conflict. The chapter explores what the Bolivian case says about the potential for alliances between MCPs and neoliberalism and their limits.
Masayuki Tanimoto (ed.)
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780198292746
- eISBN:
- 9780191603891
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198292740.001.0001
- Subject:
- Economics and Finance, South and East Asia
This volume explores Japan’s industrialization from the perspective of ‘indigenous development’, focusing on what may be identified as ‘traditional’ or ‘indigenous’ factors. Japanese ...
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This volume explores Japan’s industrialization from the perspective of ‘indigenous development’, focusing on what may be identified as ‘traditional’ or ‘indigenous’ factors. Japanese industrialization has often been described as the process of transferring and importing technology and organization from Western countries. Recent research, however, has shown that economic development began during the Tokugawa-era, the so-called age of proto-industrialization. This economic development not only prepared for the technology transfer from the West, but also formed the basis of the particular industrialization process which paralleled transplanted industrialization in modern Japan. The aim of this volume is to demonstrate this aspect of industrialization through detailed studies of ‘indigenous’ industries. The collection of papers looks at the industries originating from the Tokugawa-era such as weaving, silk-reeling, and pottery, as well as the newly developed small workshops engaged in manufacturing machinery, soaps, brushes, buttons, bicycles, and small businesses in the tertiary sector. The studies reveal the role of particular production systems based on the small workshops, while some industries developed the factory system. The household strategy, skill formation, and the organizing capability of the merchants are key factors widely discussed in the volume. The institutional basis of the industrialization such as trade associations, local and central governments, and the regional community are considered. Available for the first time in English, these papers shed new light on the role of indigenous development and the dualistic character of Japan’s economic development.Less
This volume explores Japan’s industrialization from the perspective of ‘indigenous development’, focusing on what may be identified as ‘traditional’ or ‘indigenous’ factors. Japanese industrialization has often been described as the process of transferring and importing technology and organization from Western countries. Recent research, however, has shown that economic development began during the Tokugawa-era, the so-called age of proto-industrialization. This economic development not only prepared for the technology transfer from the West, but also formed the basis of the particular industrialization process which paralleled transplanted industrialization in modern Japan. The aim of this volume is to demonstrate this aspect of industrialization through detailed studies of ‘indigenous’ industries. The collection of papers looks at the industries originating from the Tokugawa-era such as weaving, silk-reeling, and pottery, as well as the newly developed small workshops engaged in manufacturing machinery, soaps, brushes, buttons, bicycles, and small businesses in the tertiary sector. The studies reveal the role of particular production systems based on the small workshops, while some industries developed the factory system. The household strategy, skill formation, and the organizing capability of the merchants are key factors widely discussed in the volume. The institutional basis of the industrialization such as trade associations, local and central governments, and the regional community are considered. Available for the first time in English, these papers shed new light on the role of indigenous development and the dualistic character of Japan’s economic development.
R. Aída Hernández Castillo
- Published in print:
- 2002
- Published Online:
- January 2005
- ISBN:
- 9780199256457
- eISBN:
- 9780191601989
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256454.003.0012
- Subject:
- Political Science, Democratization
This chapter examines the ways national law and indigenous customary law respond to the struggle of indigenous women in Chiapas, Mexico for rights within the new macro-political context of ...
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This chapter examines the ways national law and indigenous customary law respond to the struggle of indigenous women in Chiapas, Mexico for rights within the new macro-political context of multiculturalism. It is argued that certain academic paradigms used to analyse indigenous normative systems have contributed to creating an image of customary law as a harmonious space free of contradiction, and in isolation from national law. This is an image that can impede the development of proposals for reform aimed at increasing access to justice for indigenous women.Less
This chapter examines the ways national law and indigenous customary law respond to the struggle of indigenous women in Chiapas, Mexico for rights within the new macro-political context of multiculturalism. It is argued that certain academic paradigms used to analyse indigenous normative systems have contributed to creating an image of customary law as a harmonious space free of contradiction, and in isolation from national law. This is an image that can impede the development of proposals for reform aimed at increasing access to justice for indigenous women.
Jacob T. Levy
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297123
- eISBN:
- 9780191599767
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297122.003.0007
- Subject:
- Political Science, Political Theory
Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally ...
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Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally distinct ways of establishing rights that are known to the general law, such as marriage and property rights; customary incorporation, which directly applies and enforces the customary rights, privileges, and duties associated with the relevant legal tradition; and self‐government, which grants legal status to the group to make, and revise, its laws on a territorial basis. Hybrid forms have often represented hypocrisy on the states’ part, according to indigenous peoples, the burdens of all these and the benefits of none. The inalienability of indigenous land against a generally common‐law background is such a hypocrisy.Less
Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally distinct ways of establishing rights that are known to the general law, such as marriage and property rights; customary incorporation, which directly applies and enforces the customary rights, privileges, and duties associated with the relevant legal tradition; and self‐government, which grants legal status to the group to make, and revise, its laws on a territorial basis. Hybrid forms have often represented hypocrisy on the states’ part, according to indigenous peoples, the burdens of all these and the benefits of none. The inalienability of indigenous land against a generally common‐law background is such a hypocrisy.
Will Kymlicka
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240982
- eISBN:
- 9780191599729
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240981.003.0007
- Subject:
- Political Science, Political Theory
This chapter reviews the book “Indigenous Peoples in International Law” by James Anaya. The book explores the theory that indigenous peoples are a distinct category, and should not be classified ...
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This chapter reviews the book “Indigenous Peoples in International Law” by James Anaya. The book explores the theory that indigenous peoples are a distinct category, and should not be classified under the heading of national minorities. It is argued that this theory conflicts with the realities of international law and the self-understandings of many defenders of indigenous rights. It also appears to justify only transnational rather than permanent differences in the rights of indigenous peoples and stateless nations.Less
This chapter reviews the book “Indigenous Peoples in International Law” by James Anaya. The book explores the theory that indigenous peoples are a distinct category, and should not be classified under the heading of national minorities. It is argued that this theory conflicts with the realities of international law and the self-understandings of many defenders of indigenous rights. It also appears to justify only transnational rather than permanent differences in the rights of indigenous peoples and stateless nations.
Will Kymlicka
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199240982
- eISBN:
- 9780191599729
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199240981.003.0008
- Subject:
- Political Science, Political Theory
This chapter explores the rights of indigenous peoples within the context of social justice and environmental protection. It argues that although indigenous peoples have inherent rights to ...
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This chapter explores the rights of indigenous peoples within the context of social justice and environmental protection. It argues that although indigenous peoples have inherent rights to self-determination, this does not absolve them from redistributive obligations. It presents two ways in which principles of justice can be adapted to accommodate that situation of indigenous peoples: extra resources may be required to rectify the disadvantages they face as minority cultures; indigenous peoples should be free to decide how to manage their traditional lands in accordance with the principles of justice.Less
This chapter explores the rights of indigenous peoples within the context of social justice and environmental protection. It argues that although indigenous peoples have inherent rights to self-determination, this does not absolve them from redistributive obligations. It presents two ways in which principles of justice can be adapted to accommodate that situation of indigenous peoples: extra resources may be required to rectify the disadvantages they face as minority cultures; indigenous peoples should be free to decide how to manage their traditional lands in accordance with the principles of justice.
Allen Buchanan
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780198295358
- eISBN:
- 9780191600982
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198295359.003.0009
- Subject:
- Political Science, Political Theory
Ch. 8 argued for combining a rather restrained, justice‐based view of the unilateral right to secede, the Remedial Right Only Theory, with a much more supportive stance toward forms of ...
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Ch. 8 argued for combining a rather restrained, justice‐based view of the unilateral right to secede, the Remedial Right Only Theory, with a much more supportive stance toward forms of self‐determination within the state: various forms of intrastate autonomy. This chapter argues that the international legal order ought to acknowledge the importance of self‐determination by supporting intrastate autonomy, and also suggests that, apart from the role that international law should play, individual states should generally give serious consideration to proposals for intrastate autonomy. The chapter first makes the case for including in the domain of transnational justice the monitoring and enforcement of intrastate autonomy regimes under certain rather exceptional circumstances, and then, in the last section, suggests that even where principles of transnational justice do not require it, there are cases in which the international community might play a constructive role by providing diplomatic support and economic inducements or pressure to encourage the creation and well‐functioning of intrastate autonomy regimes. The five sections of the chapter are: I. Intrastate Autonomy and Transnational Justice; II. Indigenous Peoples’ Rights; III. Justifications for Intrastate Autonomy for Indigenous Peoples; IV. Basic Individual Human Rights as Limits on Intrastate Autonomy; and V. International Support for Intrastate Autonomy: Beyond the Requirements of Transnational Justice.Less
Ch. 8 argued for combining a rather restrained, justice‐based view of the unilateral right to secede, the Remedial Right Only Theory, with a much more supportive stance toward forms of self‐determination within the state: various forms of intrastate autonomy. This chapter argues that the international legal order ought to acknowledge the importance of self‐determination by supporting intrastate autonomy, and also suggests that, apart from the role that international law should play, individual states should generally give serious consideration to proposals for intrastate autonomy. The chapter first makes the case for including in the domain of transnational justice the monitoring and enforcement of intrastate autonomy regimes under certain rather exceptional circumstances, and then, in the last section, suggests that even where principles of transnational justice do not require it, there are cases in which the international community might play a constructive role by providing diplomatic support and economic inducements or pressure to encourage the creation and well‐functioning of intrastate autonomy regimes. The five sections of the chapter are: I. Intrastate Autonomy and Transnational Justice; II. Indigenous Peoples’ Rights; III. Justifications for Intrastate Autonomy for Indigenous Peoples; IV. Basic Individual Human Rights as Limits on Intrastate Autonomy; and V. International Support for Intrastate Autonomy: Beyond the Requirements of Transnational Justice.
