Legal Pluralism

Legal Pluralism

  • H.G. Callaway added an answer:
    Whither multiculturalism? How are we to best understand multiculturalism, and is it a good or bad thing for each multi-ethnic country?

    Whither multiculturalism?

    How are we to best understand multiculturalism, and is it good or bad thing for each multi-ethnic country?

    Though he applauds the encounters and broadening of the people of differing societies and cultural backgrounds as positive, Kenan Malik, a British intellectual of Indian background has recently offered the following criticism of what is called “political” or “state multiculturalism”

    As a political process, however, multiculturalism means something very different. It describes a set of policies, the aim of which is to manage diversity by putting people into ethnic boxes, defining individual needs and rights by virtue of the boxes into which people are put, and using those boxes to shape public policy. It is a case, not for open borders and minds, but for the policing of borders, whether physical, cultural or imaginative.

    ---end quotation

    Whether multiculturalism is a good or bad thing, Malik describes the division of opinion:

    It's a question to which the answers have become increasingly polarised in recent years. For some, multiculturalism expresses the essence of a modern, liberal society. For others, it has helped create an anxious, fragmented nation.

    ---end quotation


    H.G. Callaway

    Philadelphia, PA

    Dear Duchesne,

    ---you wrote---

    Callaway, I understand that you are simply voicing the official line on multiculturalism, which is what all academics do, since Western universities barely allow any dissent on the issue of mass immigration, but constantly imposed on students the idea that diversity is enriching, even though there is no evidence supporting this.

    --end quotation

    Nope. No "official line" here. This is an open discussion so far as I'm concerned, and anyone can defend or criticize to their heart's content. That goes for mass immigration as well. I think your comments might benefit from going back and reading some of the earlier contributions.

    Much of what you say seems rather contentious, IMHO. But let's see who may take up your line of thought. On the distinction I maintain between pluralism and multiculturalism, you might also like to take a look at my following paper:

    I take it that contemporary "multiculturalism" is basically European/British in inspiration. It certainly didn't get to Canada from down here. There is good reason to think that the ancestral model is the 4 ethnically defined countries of the U.K.

    H.G. Callaway

    • Source
      Conference Paper: The Meaning of Pluralism
      [Show abstract] [Hide abstract]
      ABSTRACT: ABSTRACT: American philosopher William James (1842-1910) traveled to Oxford, England and Manchester College in 1908. Between 4 May and 28 May, he deliver the Hibbert Lectures, which were originally published in 1909 as A Pluralistic Universe. This was to be the last major book James published during his life time. Manchester College had been founded in the English city of Manchester in 1786 for the education of non-conformists, and moved to Oxford in 1888. Some considerable emphasis on religion in the Hibbert Lectures is expected. They are an annual series of "non-sectarian lectures on theological issues" sponsored by the Hibbert Trust, which was founded in 1847 by the Unitarian Robert Hibbert to "uphold the unfettered exercise of private judgment in matters of religion." Though Manchester College is located in Oxford, it was not until recently (1996) that it became one of the colleges of Oxford University. At the time of James's visit, it was outside the university and part of Great Britain's accommodation to Christian non-conformists. 1 1. In 1871, the Liberal Prime Minister William Ewart Gladstone had to introduce a government bill in Parliament to free most appointments at Oxford and Cambridge universities from Anglican religious qualification.
      The William James Society, New York, New York; 12/2009
  • Karlo Godoladze added an answer:
    Is the relationship between extractive industries (such as mining or oil companies) and indigenous populations, a scene of legal pluralism?

    The legal pluralism accept the idea that coexist more than one juridical system, in the case of indigenous people the have their own juridical system. Extractives industries most of the time relate with this particular juridical system. Which is the role of the state in this relationship? 

    Karlo Godoladze

    In terms of legal pluralism and its comprehensive and huge influence of the modern political, socio-legal realms, narratives and trends I will offer you some newest articles covered issues you want to find pertinent answers. 

    TURKULER ISIKSEL and ANNE THIES (2013). Changing subjects: Rights, remedies and responsibilities of individuals under global legal pluralism. Global Constitutionalism, 2, pp 151-159 doi:10.1017/S2045381713000117

    TURKULER ISIKSEL (2013). Global legal pluralism as fact and norm. Global Constitutionalism, 2, pp 160-195 doi:10.1017/S2045381713000130

    ROBERT MCCORQUODALE (2013). Pluralism, global law and human rights:
    Strengthening corporate accountability for human rights violations. Global
    Constitutionalism, 2, pp 287-315 doi:10.1017/S2045381713000099

About Legal Pluralism

Legal pluralism is the existence of multiple legal systems within one geographic area. Legal recognition of ethnic minority religious and cultural traditions in western lliberal democratic countries.

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