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Identity and Liberal Politics: Are Aboriginal Peoples Like Other Minorities? |
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Abstract:
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The paper examines the main criticisms levelled against attempts to use cultural and religious identity as a reason, to be balanced with other reasons, to protect a particular practice or tradition from laws that otherwise restrict it. I defend the public consideration of identity claims especially in cases that require accommodation. In contrast, identity-based arguments are of only limited value in advancing the case for self-determination. The argument is illustrated using Aboriginal cases heard by the Supreme Court of Canada. |
Most Common Document Word Stems:
ident (235), claim (135), practic (117), cultur (113), import (64), polit (57), group (53), way (53), reason (52), case (50), whether (42), legal (41), peopl (37), discuss (36), 2003 (36), right (36), protect (34), august (32), accommod (32), relat (31), one (31), |
Author's Keywords:
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Indigenous, Aboriginal, Rights, Minorities, Identity, Self-determination |
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Association:
Name: American Political Science Association
URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Eisenberg, Avigail. "Identity and Liberal Politics: Are Aboriginal Peoples Like Other Minorities?" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA, Aug 27, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p63625_index.html> |
APA Citation:
| Eisenberg, A. , 2003-08-27 "Identity and Liberal Politics: Are Aboriginal Peoples Like Other Minorities?" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p63625_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The paper examines the main criticisms levelled against attempts to use cultural and religious identity as a reason, to be balanced with other reasons, to protect a particular practice or tradition from laws that otherwise restrict it. I defend the public consideration of identity claims especially in cases that require accommodation. In contrast, identity-based arguments are of only limited value in advancing the case for self-determination. The argument is illustrated using Aboriginal cases heard by the Supreme Court of Canada. |
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| Document Type: |
.PDF |
| Page count: |
31 |
| Word count: |
10283 |
| Text sample: |
| Draft: August 2003 Accommodation and Self-Determination: Is Arguing for Identity Worthwhile? by Avigail Eisenberg avigaile@uvic.ca I In 1996 the Supreme Court of Canada developed a systematic test in the context of R. v. Van der Peet to help resolve conflicts between Aboriginal practices and Canadian law.1 At issue in Van der Peet was whether Dorothy Van der Peet as a member of the Sto:lo First Nation was exempt from regulations which restricted an individual from selling salmon without a |
| 30 Draft: August 2003 identity claims that people might advance. Many cases that involve the claims of indigenous peoples advance identity claims as an indirect means of arguing that a fair context for discussing these claims is absent. In this sense the project in Canada of discussing the sort of institutions and context in which identity claims of Aboriginal peoples will be discussed fairly and without the sort of biases that informed the Van der Peet decision is very |
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