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By Tierneyq, Stephen Tierney

This e-book explores fresh advancements within the conception and perform of accommodating cultural range inside of democratic constitutional orders. It brings jointly philosophers and criminal students to discover the inter-play among the normative precepts complex through the previous for the lodging of cultural pluralism and the truth of that lodging because it performs itself out in political and criminal perform, as defined by way of the latter. the purpose of the e-book is to supply a holistic photograph of the constitutional administration of cultural variety during the prisms of alternative disciplines and stories: theoretical and sensible. Contributions come from Canada, Scotland and England and focus on major case experiences: a great learn of the lodging of indigenous peoples inside of assorted constitutional orders and, secondly, the function of the courts as their method of cultural variety evolves in advanced pluralist democracies reminiscent of Australia, Canada and the united kingdom.

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Extra info for Accommodating Cultural Diversity

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The second thesis argues that the cultural context of choice that is relevant to individuals is the nation. Liberal nationalists claim that we should grant nations the right to maintain themselves as distinct societies, since the cultural membership that is argued to be valuable to individuals is national in nature. This thesis may be contrasted with a different understanding of the relevant unit of cultural membership, which stresses the inherent fluidity and hybridity of people’s cultural frame of reference.

The human rights of English-Canadian residents of Quebec, or of Castilian residents of Catalonia, are fully protected, no matter what political status Quebec or Catalonia ends up having. Where there is a strong consensus across ethnic lines on liberal-democratic values, people feel confident that however issues of multiculturalism are settled, their own basic civil and political rights will be respected. No matter how the claims of ethnonational and indigenous groups are resolved – no matter what language rights, self-government rights, land rights, or multiculturalism policies are adopted – people can rest assured that they won’t be stripped of their citizenship, or subject to ethnic cleansing, or jailed without a fair trial, or denied their rights to free speech, association and worship.

If I’m right that the original fears about multiculturalism have largely been disproved, why are the policies still so controversial? The answer, I think, relates to misperceptions about the goals and consequences of multiculturalism. Many people, particularly in the dominant group, had the hope and expectation that adopting multiculturalism policies would lead to a reduction in ethnic political mobilisation, and a return to ‘normal’ politics in which ethnicity is absent. People recognised that there was a particular ‘ethnic problem’ that needed to be addressed, but they hoped that adopting multiculturalism policies would resolve 12 Some people worry that multiculturalism has an ambiguous effect on social justice, reducing cultural injustices rooted in a status hierarchy, but distracting attention from issues of economic injustice rooted in the class hierarchy.

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