Cover image for Negotiating Diversity : Identity, Pluralism and Democracy.
Negotiating Diversity : Identity, Pluralism and Democracy.
Title:
Negotiating Diversity : Identity, Pluralism and Democracy.
Author:
Gagnon, Alain-G.
ISBN:
9783035264425
Personal Author:
Physical Description:
1 online resource (266 pages)
Series:
Diversitas ; v.18

Diversitas
Contents:
Cover -- Contents -- Introduction -- Part I. Divided Societies and Federalim -- Chapter 1: The Normative Theory of Federalism and the Idea of Nation -- Introduction: Is a Normative Theory of Federalism Necessary Today? -- 1. The Veil of Ignorance and the Federal Principle of Autonomy (Self-Government) -- 2. A Federal-Republican Concept of Nation -- Conclusion: Toward a Normative Theory of Federalism -- Chapter 2: The Federal Ideal. Empirical and Normative Explorations -- 1. Federation, Federalism, Federal Society: From Organizational Principle to Normative Model -- 2. The Evolution of the Canadian Political System or the Negation of the Federal Ideal -- 2.1 A Double Obsession: Pact and Autonomy -- 2.2 A Double Preoccupation: Performance and Legitimacy -- Conclusion -- Part II. Recognition and Empowerment -- Chapter 3: Empowerment through Different Means. Nationalism and Federalism in the Canadian Context -- 1. Empowerment through Nationalist Mobilization -- 2. Empowerment through Multinational Federalist Mobilisation -- 2.1 The Time of Uncertainties -- 3. Towards a New Politics in Multinational Polities: Moderation, Dignity and Hospitality -- 3.1 The Principle of Moderation -- 3.2 The Principle of Dignity -- 3.3 The Principle of Hospitality -- By Way of Conclusion -- Chapter 4: The Canadian School of Diversity's New Influences on the Theory of Collective Rights in Spain. A Critical Review of Seymour's Contribution -- 1. The Debate about Collective Rights in Spain -- 2. De la tolérance à la reconnaissance as a General Theory of Collective Rights -- 3. The Characterization of Collective Rights According to Seymour's Thesis -- 3.1 The Subject of Collective Rights -- 3.2 The Content of Collective Rights -- 3.3 Subject-Object Articulation -- 3.4 Justifying Principle of Collective Rights.

4. Critical Evaluation of the Characterization of Collective Rights According to Seymour's Thesis -- Chapter 5: After the Bouchard-Taylor Commission. Religious Accommodation and Human Rights in Quebec -- Introduction -- 1. Reasonable Accommodation -- 1.1 The Definition of a Reasonable Accommodation -- 1.2 The Limits to the Duty to Accommodate -- 2. Secularism -- 2.1 Distinction between Institutions and Individuals -- 2.2 Should Public Officials Be Allowed to Wear Visible Religious Signs? -- 2.3 Heritage vs. Establishment -- 3. The Aftermath of the Bouchard-Taylor Commission: Quebec's Bill 94 -- Conclusion -- Part III. Human Rights, Political Rights and Institutional Pluralism -- Chapter 6: Federalism and the Protection of Rights and Freedoms. Affinities and Antagonism -- Introduction -- 1. The Impact of Federalism on the Protection of Rights -- A. Institutional and Political Benefits of Federalism for the Protection of Rights -- 1. The Rights of People in General -- 2. The Rights of Minorities -- B. Legal Benefits of Federalism for the Protection of Rights: the Two Layers of Constitutional Instruments and Judicial Review -- C. The Disadvantages of Federalism for the Protection of Rights: the Difficulties Arising in the Ratification and Implementation of Human Rights Treaties -- 2. The Impact of the Protection of Rights on Federalism -- A. Centralizing Effect of the Protection of Rights -- 1. Transfer of Some Decisional Power from Representative Bodies of the Federated States to Federal Judicial Bodies -- 2. Consolidation of National Identity to the Detriment of Regional Identities -- 3. Economic and Social Rights as Justification for Federal Intervention in Jurisdictions of the Federated States -- B. Standardizing Effect of Constitutional Scrutiny Based on the Federal Constitution.

1. Why Rights Protection Results in Standardization: a Transcendental and Pre-Political Conception of Rights -- 2. Legal and Political Aspects of Standardization Resulting From Rights Protection -- 3. Means of Attenuating the Standardizing Consequences of Rights Protection -- Conclusion -- Chapter 7: Rights Beyond the State. The European Union and the European Court of Human Rights -- Introduction -- 2. Spain: EU Law and the ECtHR -- 3. Autonomous Community Rights and European Rights -- 4. The ECJ and ECtHR -- 5. Who Will Be the Supreme Interpreter of Human Rights? -- Chapter 8: On the (Human) Rights to Self-Determination and National Conflicts -- Introduction: Aim and Subject -- 1. The Right to Self-determination as a Human Right -- 2. Questions about the Holder of the Right -- 3. Questions about the Scope of the Right: Internal and External Aspects -- 4. Prevailing Interpretations and Problematic Issues -- 4.1. Issues concerning the Holder of the Right -- 4.1.1. The "Whole People" Approach -- 4.1.2. The "Plurality of Peoples" Approach -- 4.2. Issues concerning the Content or Exercise of the Right -- 4.2.1. "All-Possible-Outcomes" Self-Determination Cases -- 4.2.2. Limited Self-Determination Cases -- 4.3. The Justification of the Distinction between Unlimited and Limited Self-Determination -- 4.4. The Identification of Peoples Entitled to (Limited) Self-Determination -- 4.5. The Scope of the Limited Version of the Right -- 5. Self-Determination and Democratic Management of National Conflicts -- Conclusion -- Part IV. Politics of Diversity: Multiculturalism and Interculturalism -- Chapter 9: What Is Interculturalism? -- Introduction -- 1. Interculturalism: Some Basic Principles -- 2. Paradigms and Levels of Analysis -- 3. Characteristics of Interculturalism -- A. Majority/Minorities Duality -- B. A Process of Interaction.

C. The Principles of Harmonization: A Civic Responsibility -- D. Integration and Identity -- E. Elements of Ad Hoc Precedence for the Majority Culture -- F. A Common Culture -- G. The Search for Equilibriums -- 4. Interculturalism and Multiculturalism -- Conclusion: A Future for Interculturalism and French-speaking Quebec -- Chapter 10: Multiculturalism and Legal Pluralism. European Perspectives -- Introduction: Analytical Remarks -- 1. Two Cases from the European Context -- 1.1 Rom Marriage and the Spanish Civil Law: The Muñoz Díaz Case -- 1.2 Different Forms of Marriage in Dutch Law and their Relevance in the EU Staff Regulations -- Conclusion: Legal Pluralism vs. Reasonable Accommodation -- Chapter 11: Interculturalism and Republicanism. Is Dialogue Possible? -- Introduction -- 1. What Republicanism? What Interculturalism? -- 2. Axis of Liberty as Non-dependence -- 3. Axis of Civic Virtue and Commitment to the Common Good -- 4. Axis of the Deliberative Ideal and Participatory Citizenship -- Final Reflections.
Abstract:
This book provides new insights into the negotiation and management of diversity in complex democratic settings. Much debate has been generated recently over questions of human rights and dignity with the aim of empowering and improving the recognition of smaller nations. The book's central idea is that respect for democracy and protection of human rights represent the most potent ways for the advancement and enrichment of cultural, ideological and legal pluralism. The pursuit and accomplishment of such objectives can only be achieved through negotiation that leads to the accommodation and empowerment of minority groups and nations. Negotiating Diversity brings into dialogue political scientists, philosophers and jurists, and enriches a major discussion launched some years back by Yael Tamir's Liberal Nationalism, Alain-G. Gagnon and James Tully's Multinational Democracies, as well as Wayne Norman's Negotiating Nationalism, and Will Kymlicka's Multicultural Citizenship.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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