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Religious Pluralism, Multiculturalism, and Possibilities of Justice: Sharian Tribunals and Sex Equality |
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Abstract:
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During the last several years, initiatives urging recognition and enforcement of the decisions of religious tribunals have come to the forefront in Western democracies. Proposals for the establishment and enforcement of decrees of “Sharian tribunals” have evoked particular controversy in Canada, the United Kingdom, and Western Europe, and increased consciousness of these global developments has recently become evident in the US. Critics of such proposals have argued that departures from the principle of “one law for all” will greatly undermine sex and gender equality. Multiculturalists have expressed receptivity to such proposals, arguing for some accommodation of religious tribunals.
This paper will explore assumptions underlying both the legal-liberalist opposition to and the multiculturalist defense of “multicultural jurisdictions.” Critiquing both approaches as lacking historical, sociological, anthropological and economic groundedness, it will offer a deeply pragmatic alternative to both legal-liberalism and multiculturalism and it will urge the rejection of proposals for establishment of religious courts. |
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Association:
Name: The Law and Society Association URL: http://www.lawandsociety.org
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Citation:
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MLA Citation:
| Ashe, Marie. "Religious Pluralism, Multiculturalism, and Possibilities of Justice: Sharian Tribunals and Sex Equality" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado, May 25, 2009 <Not Available>. 2010-01-22 <http://www.allacademic.com/meta/p304207_index.html> |
APA Citation:
| Ashe, M. , 2009-05-25 "Religious Pluralism, Multiculturalism, and Possibilities of Justice: Sharian Tribunals and Sex Equality" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado <Not Available>. 2010-01-22 from http://www.allacademic.com/meta/p304207_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: During the last several years, initiatives urging recognition and enforcement of the decisions of religious tribunals have come to the forefront in Western democracies. Proposals for the establishment and enforcement of decrees of “Sharian tribunals” have evoked particular controversy in Canada, the United Kingdom, and Western Europe, and increased consciousness of these global developments has recently become evident in the US. Critics of such proposals have argued that departures from the principle of “one law for all” will greatly undermine sex and gender equality. Multiculturalists have expressed receptivity to such proposals, arguing for some accommodation of religious tribunals.
This paper will explore assumptions underlying both the legal-liberalist opposition to and the multiculturalist defense of “multicultural jurisdictions.” Critiquing both approaches as lacking historical, sociological, anthropological and economic groundedness, it will offer a deeply pragmatic alternative to both legal-liberalism and multiculturalism and it will urge the rejection of proposals for establishment of religious courts. |
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