The Challenges of Justice in Diverse Societies: Constitutionalism and Pluralism, 1st Edition (Paperback) book cover

The Challenges of Justice in Diverse Societies

Constitutionalism and Pluralism, 1st Edition

By Meena K. Bhamra


266 pages

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Paperback: 9781138254527
pub: 2016-10-17
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Hardback: 9781409419280
pub: 2011-05-28
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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.


'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

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.

About the Author

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

About the Series

Cultural Diversity and Law

Cultural Diversity and Law
Around the world, most states are faced with difficult issues arising out of cultural diversity in their territories. Within the legal field, such issues span across matters of private law through to public and constitutional law. At international level too there is now considerable jurisprudence regarding ethnic, religious and cultural diversity. In addition, there are several layers of legal control - from communal and religious regulation to state and international regulation. This multiplicity of norm setting has been variously termed legal pluralism, inter-legality or inter-normativity and provides a fascinating lens for academic analysis that links up to cultural diversity in new and interesting ways. The umbrella of cultural diversity encompasses various population groups throughout the world ranging from national, ethnic, religious or indigenous groupings. This series particularly welcomes work that is of comparative interest, concerning various state jurisdictions as well as different population groups.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / Jurisprudence