In the urgency to respond to the challenges posed by diversity in contemporary societies, the discussion of normative foundations is often overlooked. This book takes that important first step, and offers new ways of thinking about diversity. Its contribution to an ongoing dialogue in this field lies in the construction of a normative framework which endeavours to better understand the challenges of justice in diverse societies. By applying this normative framework to specific and broader examples of injustices in the spheres of religion, culture, race, ethnicity, gender and nationality, the book demonstrates how constitutional pluralist discourses can contribute both to new and legal responses to diversity. The book will be of interest to legal professionals, policy makers, law students and scholars concerned with exploring diversity in the 21st century.
Table of Contents
Contents: Introduction; Part I A Global Normative Framework: Justice and diversity; Nation-states and pluralism. Part II Locating the Role of Law: Meeting the challenges of justice; Human rights and diversity. Part III A Local Normative Framework: A trial of norms; An accurate and just understanding of diversity; Identity markers; Identity markers and legal pluralism. Part IV A New Vista on Constitutional Pluralism: Constitutional pluralism; Conclusions; Bibliography; Index.
Meena Bhamra is Assistant Professor of Law at the University of York, Canada. She taught previously in the area of Minorities and Law at the School of African and Oriental Studies, University of London
'Identifying changing parameters of justice in relation to diversity, this study takes the politics of recognition as a normative base to provide a fresh perspective on justice and law, linked to identity markers. Theorising the pluralism of critical theory shows convincingly that management of diversity and pluralism today are no longer just challenges in family law.' Werner Menski, University of London, UK 'Bhamra's "constitutional pluralism" highlights the ways in which traditional perspectives, such as those rooted in human rights or multiculturalism, have obscured our vision of the challenges of justice in diverse societies. She offers new conceptual tools and theoretical insights to reveal a fresh perspective and new questions that must be asked about law, justice and diversity in the 21st century.' Alison Diduck, University College London, UK