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.
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.
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.
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.
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.
Michael Banton
- Published in print:
- 1996
- Published Online:
- November 2003
- ISBN:
- 9780198280613
- eISBN:
- 9780191598760
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280610.003.0010
- Subject:
- Political Science, International Relations and Politics
There appears to have been more genuine idealism in the approach of American states than in other regions. CERD has questioned states in this region concerning the implications of the Convention for ...
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There appears to have been more genuine idealism in the approach of American states than in other regions. CERD has questioned states in this region concerning the implications of the Convention for the protection of indigenous peoples. The USA's ratification of the Convention in 1994 was subject to reservations that are controversial in international law.Less
There appears to have been more genuine idealism in the approach of American states than in other regions. CERD has questioned states in this region concerning the implications of the Convention for the protection of indigenous peoples. The USA's ratification of the Convention in 1994 was subject to reservations that are controversial in international law.
Joshua Castellinoa and David Keane
- Published in print:
- 2009
- Published Online:
- September 2010
- ISBN:
- 9780199574827
- eISBN:
- 9780191594441
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199574827.003.0003
- Subject:
- Law, Human Rights and Immigration
This chapter emphasizes the causes of violations against minorities and indigenous peoples within the state. It seeks to explain the extent to which law has sought to address the position of the more ...
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This chapter emphasizes the causes of violations against minorities and indigenous peoples within the state. It seeks to explain the extent to which law has sought to address the position of the more vulnerable groups in Australian society. The chapter is divided into four main sections. Section 2.1 identifies the key historical moments that are important in understanding the backdrop to the plight of minorities and vulnerable peoples in Australia. Section 2.2 focuses on an identification of ‘Minorities’, ‘Indigenous Peoples’, and others that are covered by this chapter. Section 2.3 provides an analysis of the legal framework that regulates indigenous peoples' and minorities' entitlements in Australia. Section 2.4 reflects on the existing remedies available in Australian law, testing their efficacy. The chapter concludes by addressing the question of what ‘Australian-ness’ means and how its construction impacts the experience of vulnerable groups within society.Less
This chapter emphasizes the causes of violations against minorities and indigenous peoples within the state. It seeks to explain the extent to which law has sought to address the position of the more vulnerable groups in Australian society. The chapter is divided into four main sections. Section 2.1 identifies the key historical moments that are important in understanding the backdrop to the plight of minorities and vulnerable peoples in Australia. Section 2.2 focuses on an identification of ‘Minorities’, ‘Indigenous Peoples’, and others that are covered by this chapter. Section 2.3 provides an analysis of the legal framework that regulates indigenous peoples' and minorities' entitlements in Australia. Section 2.4 reflects on the existing remedies available in Australian law, testing their efficacy. The chapter concludes by addressing the question of what ‘Australian-ness’ means and how its construction impacts the experience of vulnerable groups within society.
Robert J Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199579815
- eISBN:
- 9780191594465
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579815.003.0004
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter discusses Indigenous conceptualizations of land, legal orders, and governmental authorities, and the problems of re-constructing history when not including indigenous peoples in the ...
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This chapter discusses Indigenous conceptualizations of land, legal orders, and governmental authorities, and the problems of re-constructing history when not including indigenous peoples in the dialogue. It examines colonial constructions of indigeneity and the disregard of indigenous land relationships, legal orders, and sovereignty that led both to settlement on indigenous territories in Canada and the construction of Canadian false understandings of indigenous humanity. The chapter examines constitutional doctrine, early treaties with first peoples, Canadian legislation, and early case law in order to determine to what degree Canadian legal understanding has been informed by the Doctrine of Discovery.Less
This chapter discusses Indigenous conceptualizations of land, legal orders, and governmental authorities, and the problems of re-constructing history when not including indigenous peoples in the dialogue. It examines colonial constructions of indigeneity and the disregard of indigenous land relationships, legal orders, and sovereignty that led both to settlement on indigenous territories in Canada and the construction of Canadian false understandings of indigenous humanity. The chapter examines constitutional doctrine, early treaties with first peoples, Canadian legislation, and early case law in order to determine to what degree Canadian legal understanding has been informed by the Doctrine of Discovery.
Will Kymlicka and Wayne Norman (eds)
- Published in print:
- 2000
- Published Online:
- October 2005
- ISBN:
- 9780198297703
- eISBN:
- 9780191602948
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829770X.001.0001
- Subject:
- Political Science, Political Theory
Most modern democracies contain significant minority groups whose language, religion, or ethnicity differs from those of the majority. In this book, leading scholars of multicultural issues examine ...
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Most modern democracies contain significant minority groups whose language, religion, or ethnicity differs from those of the majority. In this book, leading scholars of multicultural issues examine questions related to multiculturalism and citizenship, specifically addressing the issue of whether it is possible in multicultural societies to accommodate these forms of diversity without weakening the bonds of common citizenship. The first chapter is introductory. The fourteen that follow are arranged in seven parts, each with two chapters, that address Citizenship Education and Religious Diversity; Political Participation and Group Representation; Immigration, Identity and Multiculturalism; Gender and Ethnic Diversity; Language Rights; The Rights of Indigenous Peoples; and Federalism and Nationalism. Less
Most modern democracies contain significant minority groups whose language, religion, or ethnicity differs from those of the majority. In this book, leading scholars of multicultural issues examine questions related to multiculturalism and citizenship, specifically addressing the issue of whether it is possible in multicultural societies to accommodate these forms of diversity without weakening the bonds of common citizenship. The first chapter is introductory. The fourteen that follow are arranged in seven parts, each with two chapters, that address Citizenship Education and Religious Diversity; Political Participation and Group Representation; Immigration, Identity and Multiculturalism; Gender and Ethnic Diversity; Language Rights; The Rights of Indigenous Peoples; and Federalism and Nationalism.
Avigail Eisenberg
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199291304
- eISBN:
- 9780191710704
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199291304.003.0006
- Subject:
- Political Science, Comparative Politics, Political Theory
Those who are sceptical of identity claiming often point to public assessments of Indigenous identity claims as especially problematic and as exemplary of two problems with identity claiming: ...
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Those who are sceptical of identity claiming often point to public assessments of Indigenous identity claims as especially problematic and as exemplary of two problems with identity claiming: essentialism and domestication. This chapter illustrates how essentialism and domestication are features of two key approaches to assessing indigenous identity, one of which is the ‘distinctive culture test’ used by Canadian courts, and the other is the standards used to interpret Article 27 of the International Covenant on Civil and Political Rights. This chapter shows that both objections lose much of their force when examined in the context of actual conflicts. The chapter points to some of the benefits of identity claiming in contexts where Indigenous peoples are seeking self-determination and explains how the identity approach can be useful in providing a general template for developing a fair approach to assessing such claims.Less
Those who are sceptical of identity claiming often point to public assessments of Indigenous identity claims as especially problematic and as exemplary of two problems with identity claiming: essentialism and domestication. This chapter illustrates how essentialism and domestication are features of two key approaches to assessing indigenous identity, one of which is the ‘distinctive culture test’ used by Canadian courts, and the other is the standards used to interpret Article 27 of the International Covenant on Civil and Political Rights. This chapter shows that both objections lose much of their force when examined in the context of actual conflicts. The chapter points to some of the benefits of identity claiming in contexts where Indigenous peoples are seeking self-determination and explains how the identity approach can be useful in providing a general template for developing a fair approach to assessing such claims.
Steven Wheatley
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199580910
- eISBN:
- 9780191723025
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580910.003.0014
- Subject:
- Law, Comparative Law
This chapter focuses on the complexities that emerge in the system of global governance following the acceptance that indigenous peoples are ‘peoples’ with a right to self-government through ...
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This chapter focuses on the complexities that emerge in the system of global governance following the acceptance that indigenous peoples are ‘peoples’ with a right to self-government through (indigenous) law. The chapter proceeds as follows. It first provides an overview of the adoption of the UN Declaration and its status in international law, before examining the provisions on shared government and self-government. The Declaration reflects a condition of legal pluralism, and the chapter examines the meaning of the idea before considering its relevance beyond the state. It concludes on the need for a distinction to be made between normative pluralism and legal pluralism, and in doing so, develops a concept of law that applies to state law, international law, and the laws of indigenous peoples. The chapter then returns to the question of the conflict of law norms in conditions of global legal pluralism, complexity, uncertainty, and reasonable disagreement. It argues that legal orders should approach the question of the conflicts of laws from the perspective of democratic legitimacy. It questions whether it is appropriate to apply this ‘meta-perspective’ to the position of indigenous peoples, and concludes with a number of observations on the right of political participation for persons belonging to indigenous peoples in the fragmented system of global governance.Less
This chapter focuses on the complexities that emerge in the system of global governance following the acceptance that indigenous peoples are ‘peoples’ with a right to self-government through (indigenous) law. The chapter proceeds as follows. It first provides an overview of the adoption of the UN Declaration and its status in international law, before examining the provisions on shared government and self-government. The Declaration reflects a condition of legal pluralism, and the chapter examines the meaning of the idea before considering its relevance beyond the state. It concludes on the need for a distinction to be made between normative pluralism and legal pluralism, and in doing so, develops a concept of law that applies to state law, international law, and the laws of indigenous peoples. The chapter then returns to the question of the conflict of law norms in conditions of global legal pluralism, complexity, uncertainty, and reasonable disagreement. It argues that legal orders should approach the question of the conflicts of laws from the perspective of democratic legitimacy. It questions whether it is appropriate to apply this ‘meta-perspective’ to the position of indigenous peoples, and concludes with a number of observations on the right of political participation for persons belonging to indigenous peoples in the fragmented system of global governance.
Juliet Hooker
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195335361
- eISBN:
- 9780199868995
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335361.003.0003
- Subject:
- Political Science, American Politics
This chapter traces the development of the contemporary debate about minority group rights in political theory, and shows its lack of attention to solidarity. It (a) charts the bifurcation of the ...
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This chapter traces the development of the contemporary debate about minority group rights in political theory, and shows its lack of attention to solidarity. It (a) charts the bifurcation of the multiculturalism literature into two branches: one concerned with the justice of temporary group rights as compensation for historic racial injustice and another focused on permanent group rights for cultural minorities as enduring terms of fair coexistence; (b) analyzes the consequences of this split; and (c) argues that the two branches need to be reintegrated. Drawing on examples from Latin America—where indigenous peoples suffer from racial discrimination and racialized groups make claims relating to language, culture, and territory—it shows that the artificial theoretical division between race and culture in theories of multiculturalism can be misleading, and suggests that as a result of this bifurcation neither strand has sufficiently considered the potential effects of minority group rights on political solidarity.Less
This chapter traces the development of the contemporary debate about minority group rights in political theory, and shows its lack of attention to solidarity. It (a) charts the bifurcation of the multiculturalism literature into two branches: one concerned with the justice of temporary group rights as compensation for historic racial injustice and another focused on permanent group rights for cultural minorities as enduring terms of fair coexistence; (b) analyzes the consequences of this split; and (c) argues that the two branches need to be reintegrated. Drawing on examples from Latin America—where indigenous peoples suffer from racial discrimination and racialized groups make claims relating to language, culture, and territory—it shows that the artificial theoretical division between race and culture in theories of multiculturalism can be misleading, and suggests that as a result of this bifurcation neither strand has sufficiently considered the potential effects of minority group rights on political solidarity.
Joseph H. Carens
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297680
- eISBN:
- 9780191598937
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297688.003.0009
- Subject:
- Political Science, Political Theory
Discusses the case of Fiji where efforts to protect the cultural traditions of Fijians (the descendants of the indigenous population) have led to conflicts with Indo‐Fijians (the descendants of ...
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Discusses the case of Fiji where efforts to protect the cultural traditions of Fijians (the descendants of the indigenous population) have led to conflicts with Indo‐Fijians (the descendants of indentured workers from India), who constitute the largest other group of inhabitants of Fiji. The chapter defends the claims of Indo‐Fijians to equal citizenship in the name of democracy and criticizes efforts at political domination and exclusion that some have attempted to justify in the name of culture and history. At the same time, it defends some of the efforts to protect Fijian culture against the pressures of modern liberal institutions and values. In particular, it argues that the creation of a system of collective, inalienable land rights and the institutional reinforcement of deference to Fijian chiefs were methods of preserving Fijian culture that were compatible with a conception of justice as evenhandedness. The chapter takes up a number of questions about cultural authenticity and about the moral relevance of history.Less
Discusses the case of Fiji where efforts to protect the cultural traditions of Fijians (the descendants of the indigenous population) have led to conflicts with Indo‐Fijians (the descendants of indentured workers from India), who constitute the largest other group of inhabitants of Fiji. The chapter defends the claims of Indo‐Fijians to equal citizenship in the name of democracy and criticizes efforts at political domination and exclusion that some have attempted to justify in the name of culture and history. At the same time, it defends some of the efforts to protect Fijian culture against the pressures of modern liberal institutions and values. In particular, it argues that the creation of a system of collective, inalienable land rights and the institutional reinforcement of deference to Fijian chiefs were methods of preserving Fijian culture that were compatible with a conception of justice as evenhandedness. The chapter takes up a number of questions about cultural authenticity and about the moral relevance of history.
Avigail Eisenberg
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199291304
- eISBN:
- 9780191710704
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199291304.001.0001
- Subject:
- Political Science, Comparative Politics, Political Theory
The current legal and political context is perhaps more congenial than ever before to considering claims made by minorities for the protection of some aspect of their identity. This book argues that ...
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The current legal and political context is perhaps more congenial than ever before to considering claims made by minorities for the protection of some aspect of their identity. This book argues that multicultural societies depend for their success on having courts and legislatures which are capable of assessing these identity claims in a fair and transparent manner. Identity claims appeal to distinctive and important features of an individual's or group's identity. Despite the ubiquity of identity claims before public institutions, how decision makers assess these claims and the identities of the groups which make them is only vaguely understood and mostly ignored in normative political theory and policy analysis. This book examines the key approaches used by national and international institutions to assessing the identity claims of religious, cultural, and Indigenous minorities today. It develops a normative guide to aid in the fair assessment of identity claims. The identity approach developed in the book is grounded on the requirement that public institutions must respect people's identities and that these institutions must have the capacity to reflect on their own unfair biases. The analysis identifies and responds to four important skeptical challenges to the public assessment of identity claims which include concerns about the incommensurability and questionable authenticity of identity claims, and about the risks of essentializing and domesticating the identities of the people who advance them. The approach developed in this book explains how decision makers can meet these challenges while engaging in a fair and transparent assessment of identity claims.Less
The current legal and political context is perhaps more congenial than ever before to considering claims made by minorities for the protection of some aspect of their identity. This book argues that multicultural societies depend for their success on having courts and legislatures which are capable of assessing these identity claims in a fair and transparent manner. Identity claims appeal to distinctive and important features of an individual's or group's identity. Despite the ubiquity of identity claims before public institutions, how decision makers assess these claims and the identities of the groups which make them is only vaguely understood and mostly ignored in normative political theory and policy analysis. This book examines the key approaches used by national and international institutions to assessing the identity claims of religious, cultural, and Indigenous minorities today. It develops a normative guide to aid in the fair assessment of identity claims. The identity approach developed in the book is grounded on the requirement that public institutions must respect people's identities and that these institutions must have the capacity to reflect on their own unfair biases. The analysis identifies and responds to four important skeptical challenges to the public assessment of identity claims which include concerns about the incommensurability and questionable authenticity of identity claims, and about the risks of essentializing and domesticating the identities of the people who advance them. The approach developed in this book explains how decision makers can meet these challenges while engaging in a fair and transparent assessment of identity claims.
Jacob T. Levy
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297123
- eISBN:
- 9780191599767
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297122.003.0008
- Subject:
- Political Science, Political Theory
Lisa Kemmerer
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199790678
- eISBN:
- 9780199919178
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199790678.003.0002
- Subject:
- Religion, Religion and Society
The first chapter explores animal-friendly beliefs and practices from a plethora of indigenous peoples around the world, through topics such as myth and scripture, autonomy and interdependence, ...
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The first chapter explores animal-friendly beliefs and practices from a plethora of indigenous peoples around the world, through topics such as myth and scripture, autonomy and interdependence, respect and responsibility, oneness and the afterlife, kinship and community, creation and the power of nonhuman animals (including human dependence, taboos, and rituals), interpenetrability, and hunting. The chapter concludes with the stories of two indigenous animal activists, Linda Fisher and Rod Coronado (who sank half of Iceland's whaling fleet). In this chapter, a variety of religious beliefs and practices from a diversity of indigenous peoples demonstrates that indigenous religious traditions around the world share critical similarities regarding rightful relations between humans and other animals.Less
The first chapter explores animal-friendly beliefs and practices from a plethora of indigenous peoples around the world, through topics such as myth and scripture, autonomy and interdependence, respect and responsibility, oneness and the afterlife, kinship and community, creation and the power of nonhuman animals (including human dependence, taboos, and rituals), interpenetrability, and hunting. The chapter concludes with the stories of two indigenous animal activists, Linda Fisher and Rod Coronado (who sank half of Iceland's whaling fleet). In this chapter, a variety of religious beliefs and practices from a diversity of indigenous peoples demonstrates that indigenous religious traditions around the world share critical similarities regarding rightful relations between humans and other animals.
Avigail Eisenberg
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199291304
- eISBN:
- 9780191710704
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199291304.003.0004
- Subject:
- Political Science, Comparative Politics, Political Theory
This chapter examines the first sceptical reservation to the public assessment of identity claims, namely that identity claims are incommensurable. The problem of incommensurability rests on the idea ...
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This chapter examines the first sceptical reservation to the public assessment of identity claims, namely that identity claims are incommensurable. The problem of incommensurability rests on the idea that no coherent basis exists upon which to evaluate conflicting views about how identity matters and how it is to be weighed against other putatively fundamental considerations at play in any given conflict. This challenge is explored in relation to conflicts that arise between claims to sexual equality and minority claims to cultural accommodation or autonomy. Two approaches, one of which is rights‐based and the other which focuses on resolving conflicts through democratic processes, often lead to inadequate resolutions. The identity approach is shown to provide a more helpful approach that does not founder on the problem of incommensurability. The chapter compares the three approaches in relation to conflicts about sexist membership rules in Indigenous communities, and in relation to polygamy.Less
This chapter examines the first sceptical reservation to the public assessment of identity claims, namely that identity claims are incommensurable. The problem of incommensurability rests on the idea that no coherent basis exists upon which to evaluate conflicting views about how identity matters and how it is to be weighed against other putatively fundamental considerations at play in any given conflict. This challenge is explored in relation to conflicts that arise between claims to sexual equality and minority claims to cultural accommodation or autonomy. Two approaches, one of which is rights‐based and the other which focuses on resolving conflicts through democratic processes, often lead to inadequate resolutions. The identity approach is shown to provide a more helpful approach that does not founder on the problem of incommensurability. The chapter compares the three approaches in relation to conflicts about sexist membership rules in Indigenous communities, and in relation to polygamy.
Benjamin J. Richardson
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195333459
- eISBN:
- 9780199868827
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195333459.003.0007
- Subject:
- Law, Company and Commercial Law
This chapter explores SRI in practice, unveiling how differences in the character of environmental and social issues influence financiers' responses. It contrasts the responses of the SRI sector to ...
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This chapter explores SRI in practice, unveiling how differences in the character of environmental and social issues influence financiers' responses. It contrasts the responses of the SRI sector to two issues—climate change and indigenous peoples. These case studies illuminate the interplay between the business and ethical motivations for responsible financing. The chapter finds that the SRI community tends to focus on some issues more than others, and those issues that can be understood readily within the framework of the business case are most likely to garner attention. It also argues that in each case the ability of the SRI sector to exert influence depends heavily upon governments providing appropriate regulatory and public policy frameworks. For example, markets depend on reforms to price greenhouse gas emissions such as carbon taxes.Less
This chapter explores SRI in practice, unveiling how differences in the character of environmental and social issues influence financiers' responses. It contrasts the responses of the SRI sector to two issues—climate change and indigenous peoples. These case studies illuminate the interplay between the business and ethical motivations for responsible financing. The chapter finds that the SRI community tends to focus on some issues more than others, and those issues that can be understood readily within the framework of the business case are most likely to garner attention. It also argues that in each case the ability of the SRI sector to exert influence depends heavily upon governments providing appropriate regulatory and public policy frameworks. For example, markets depend on reforms to price greenhouse gas emissions such as carbon taxes.
Burguete Cal y Mayor Araceli
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199936267
- eISBN:
- 9780199333066
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199936267.003.0021
- Subject:
- Political Science, Comparative Politics
Two decades have passed since “constitutional multiculturalism” made its first appearance in Chiapas, Mexico; but, the constitutional reforms and legislation passed governing indigenous culture and ...
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Two decades have passed since “constitutional multiculturalism” made its first appearance in Chiapas, Mexico; but, the constitutional reforms and legislation passed governing indigenous culture and rights have not impacted the lives of indigenous peoples. How do we explain these poor results? This work argues that, through their wording of these constitutional reforms, legislators recognized the rights of indigenous collectives, but in the same texts, used language which limits these rights. This contradictory language includes provisions to increase the state's powers, facilitating intervention into the lives of indigenous peoples rather than promoting genuine autonomy. The constitutional reforms implemented in Mexico and Chiapas since 1990, then, have had little net effect on the rights of indigenous peoples to autonomy and self-determination. They have, however, helped the neoliberal state in Mexico to institute a new legal framework, with multicultural components, to ease the penetration of capital into indigenous regions.Less
Two decades have passed since “constitutional multiculturalism” made its first appearance in Chiapas, Mexico; but, the constitutional reforms and legislation passed governing indigenous culture and rights have not impacted the lives of indigenous peoples. How do we explain these poor results? This work argues that, through their wording of these constitutional reforms, legislators recognized the rights of indigenous collectives, but in the same texts, used language which limits these rights. This contradictory language includes provisions to increase the state's powers, facilitating intervention into the lives of indigenous peoples rather than promoting genuine autonomy. The constitutional reforms implemented in Mexico and Chiapas since 1990, then, have had little net effect on the rights of indigenous peoples to autonomy and self-determination. They have, however, helped the neoliberal state in Mexico to institute a new legal framework, with multicultural components, to ease the penetration of capital into indigenous regions.
