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A Bird that flies with two wings

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ISBN: 9781921536793 Year: Pages: 298 DOI: 10.26530/OAPEN_458830 Language: English
Publisher: ANU Press
Subject: Law
Added to DOAB on : 2012-06-14 11:46:24
License: ANU Press

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This book investigates the problems and possibilities of plural legal orders through an in-depth study of the relationship between the state and customary justice systems in Vanuatu. It argues that there is a need to move away from the current state-centric approach to law reform in the South Pacific region, and instead include all state and non-state legal orders in development strategies and dialogue. The book also presents a typology of models of engagement between state and non-state legal systems, and describes a process for analysing which of these models would be most advantageous for any country in the South Pacific region, and beyond.

Legal Pluralism

Authors: --- --- ---
ISBN: 9789949778416 9789949778409 Year: Pages: 195 Language: English
Publisher: University of Tartu Press
Subject: Law
Added to DOAB on : 2019-01-15 13:33:11
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An important part of the narrative of modern law and legal science has been the claim that legal unity possesses many advantages over the legal pluralism of earlier periods. This collection includes articles from the conference “Legal Pluralism – Cui bono?” organised by the School of Law in the University of Tartu in 2015. The conference papers not only identify the real dangers and challenges, but first of all the opportunities of legal pluralism and concentrate primarily on the perspective of the individual historically as well as in the present. The volume includes papers by Piia Kalamees, Katrin Kello, Olja Kivistik, Irene Kull, Kåre Lilleholt, Marju Luts-Sootak, Patrick Praet, Ralf Seinecke, Hesi Siimets-Gross, Maarja Torga, and Age Värv.

Multiculturalism in the British Commonwealth

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ISBN: 9780520971103 9780520299320 Year: Pages: 315 DOI: 10.1525/luminos.73 Language: English
Publisher: University of California Press
Subject: History
Added to DOAB on : 2019-08-15 11:21:03
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Cultural diversity raises pressing issues for both political theory and practice. The remaking of the world since 1945 has led to increased demographic diversity within many states, and greater acknowledgment of its worth. “Multiculturalism” refers to the political, legal and philosophical strategies which emerged to accommodate this newfound social diversity, and the accompanying public debates. Each chapter explores particular state responses to cultural diversity, utilizing various disciplinary approaches but addressing common questions: What is “multiculturalism,” and why did it come about? What dilemmas has it posed for liberal-democratic governance? How have these been responded to in theory and practice, and are the different responses adequate? Are there alternative approaches to cultural diversity that have been overlooked? Issues covered include immigration, national minorities, indigenous peoples, nation-state building, liberal-democratic citizenship, constitutionalism, nationalism, group politics, political economy, secularism, globalization, decolonization, and the relationship between social theory and practice. The volume situates modern multiculturalism in its national, international and historical contexts, tracing the historical roots of present dilemmas to the intertwined legacies of imperialism and liberalism. It thereby shows that multiculturalism has implications which stretch beyond its current formulations in both public and academic discourse, casting doubt on basic assumptions behind modern liberal democracy, and even on the viability of the nation-state in its present form. The Editors’ overall conclusion is that reorganizing governance to be more polycentric in structure, and pluralist in orientation, would be a fruitful response to multiculturalism in both theory and practice.&#xD;

We, the Elite. Storia dell'elitismo negli Stati Uniti dal 1920 al 1956

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ISBN: 9788868870553 Year: Volume: 1 Pages: 214 DOI: 10.6093/ 978-88-6887-055-3 Language: ita
Publisher: FedOA - Federico II University Press
Added to DOAB on : 2019-08-29 17:30:36
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This volume deals with the problem of the reception of elitism in the United States in the period between 1920 and 1956, identifying the protagonists, the phases, and the themes that characterized it. After introducing the fundamental principles of the theory of the elites, the first part of the study reconstructs the debate that it aroused beyond the Atlantic. The second part examines the original American reworking of the elitist lesson, concentrating the analysis on the works of the authors most strongly influenced by it: Joseph A. Schumpeter, Harold D. Lasswell, Charles W. Mills. In this way, the study aims to show how Italian elitism contributed in a meaningful way to the elaboration of democratic pluralism and the construction of American political-cultural hegemony in the second post-war period.

Making the White Man's West

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ISBN: 9781607325635 Year: Pages: 312 DOI: 10.26530/OAPEN_604532 Language: English
Publisher: University Press of Colorado Grant: Knowledge Unlatched
Subject: History
Added to DOAB on : 2016-03-11 11:01:30
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In the early nineteenth century, critics like Zebulon Pike and Washington Irving viewed the West as a “dumping ground” for free blacks and Native Americans, a place where they could be segregated from the white communities east of the Mississippi River. But as immigrant populations and industrialization took hold in the East, white Americans began to view the West as a “refuge for real whites.” The West had the most diverse population in the nation with substantial numbers of American Indians, Hispanics, and Asians, but Anglo-Americans could control these mostly disenfranchised peoples and enjoy the privileges of power while celebrating their presence as providing a unique regional character. The first comprehensive study to examine the construction of white racial identity in the West, Making the White Man’s West shows how these two visions of the West shaped the history of the region and influenced a variety of contemporary social issues in the West today. This title was made Open Access by libraries from around the world through Knowledge Unlatched.

Seductive Reasoning

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ISBN: 9781501707216 Year: Pages: 272 Language: English
Publisher: Cornell University Press
Subject: Languages and Literatures
Added to DOAB on : 2016-10-26 08:56:43
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Seductive Reasoning takes a provocative look at contemporary Anglo-American literary theory, calling into question the critical consensus on pluralism's nature and its status in literary studies. Drawing on the insights of Marxist and feminist critical theory and on the works of Althusser, Derrida, and Foucault, Rooney reads the pluralist’s invitation to join in a "dialogue" as a seductive gesture. Critics who respond find that they must seek to persuade all of their potential readers. Rooney examines pluralism as a form of logic in the work of E. D. Hirsch, as a form of ethics for Wayne Booth, as a rhetoric of persuasion in the books of Stanley Fish. For Paul de Man, Rooney argues, pluralism was a rhetoric of tropes just as it was, for Fredric Jameson, a form of politics.

Placing Empire

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ISBN: 9780520293915 9780520967236 9780520967236 9780520967236 Year: Pages: 272 DOI: 10.1525/luminos.34 Language: English
Publisher: University of California Press
Subject: History
Added to DOAB on : 2017-09-08 11:01:12
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Placing Empire examines the spatial politics of Japanese imperialism through a study of Japanese travel and tourism to Korea, Manchuria, and Taiwan between the late nineteenth century and the early 1950s. In a departure from standard histories of Japan, this book shows how debates over the place of colonized lands reshaped the social and spatial imaginary of the modern Japanese nation. In turn, this sociospatial imaginary affected the ways in which colonial difference was conceptualized and enacted. The book thus illuminates how ideas of place became central to the production of new forms of colonial hierarchy as empires around the globe transitioned from an era of territorial acquisition to one of territorial maintenance.

Freiheit und Pluralismus: Isaiah Berlins zentrale Ideen als Material für die heutige Philosophie

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Book Series: EUKLID : Europäische Kultur und Ideengeschichte. Studien ISSN: 18675018 ISBN: 9783731504832 Year: Volume: 10 Pages: Getr. Zählung DOI: 10.5445/KSP/1000051978 Language: GERMAN
Publisher: KIT Scientific Publishing
Subject: Philosophy
Added to DOAB on : 2019-07-30 20:01:59
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This study firstly suggests to re-interpret BERLIN’s concept of freedom by rejecting the notion of positive freedom as mis-naming. Secondly BERLIN’s concept of objective pluralism is analyzed in a way that understands any value as one among other values which can come into unresolvable conflict since actors have to choose between incommensurable and incomparable values. The dissertation finally explores contemporary fields of debate around liberalism, perfectionism, and participation.

The World of Rules

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Book Series: Global Perspectives on Legal History ISBN: 9783944773094 9783944773193 Year: Pages: 378 DOI: 10.12946/gplh10 Language: English
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:03
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"This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is observable – not least because of globalisation – which inevitably entails a pluralisation of legal regulations. Jurisprudence has to react to this, if it wants to remain relevant. This can happen through a broadening of its horizon towards a more far-reaching “science of regulation”, in order to grasp the increasing “Variety of Rules” adequately. State law remains an important and central type of law, yet it is no longer the sole type.&#xD;If that is the case, it becomes necessary to analyse the following three spheres: (1) the plurality of normative orders, especially those of non-state character; (2) the plurality of norm producers, from state legislature to transnational networks of regulation; (3) finally, the plurality of norm enforcement regimes, from states’ judiciaries via the judiciary of (international) sport to the exercise of social pressure (e. g. political correctness). Those findings of plurality inevitably lead to the follow-up problem of a redefinition of the concept of law and to the question, which types of law/norms can be identified meaningfully."&#xD;

Religiosity, Secularity and Pluralism in the Global East

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ISBN: 9783038978084 / 9783038978091 Year: Pages: 158 DOI: 10.3390/books978-3-03897-809-1 Language: eng
Publisher: MDPI - Multidisciplinary Digital Publishing Institute
Subject: Religion
Added to DOAB on : 2019-06-26 08:44:07
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This special issue includes 11 articles from the Inaugural Conference of the East Asian Society for the Scientific Study of Religion. It offers theoretical and methodological reflections, and covers various religions in different East Asian societies and diasporic communities.

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