Law, justice, democracy, and the clash of cultures : a pluralist account / Michel Rosenfeld.

Format:

Book

Author/Creator:

Rosenfeld, Michel, 1948- author.

Language:

English

Subjects (All):

Pluralism.

Liberalism.

Cultural pluralism.

Political rights.

Human rights.

Justice, Administration of.

Equality before the law.

Liberalism--Political aspects.

Jurisprudence.

Physical Description:

1 online resource (viii, 324 pages) : digital, PDF file(s).

Other Title:

Law, Justice, Democracy, & the Clash of Cultures

Place of Publication:

Cambridge : Cambridge University Press, 2011.

Language Note:

English

Summary:

The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies.

Contents:

Cover; Title; Copyright; Contents; Introduction; Liberal Justice and Fleeting Specters of Unity; 1 Reframing Comprehensive Pluralism; 1.1. THE PROBLEMATIC NEXUS BETWEEN UNITY AND PLURALITY; 1.2. THE KANTIAN REVOLUTION: SEVERING UNITY FROM PLURALITY; 1.2.1 Adapting Kant: The Pure Social Contract Proceduralist Approach; 1.2.2 Rawls's Kantian Contractarianism in A Theory of Justice; 1.2.3. Habermas's Dialogical Kantian Proceduralism; 1.3. TELEOLOGICAL MONISM: THE UTILITARIAN ALTERNATIVE; 1.4. THE ALLURE AND LIMITATIONS OF VALUE PLURALISM; 1.5. THE HEGELIAN DIMENSION OF COMPREHENSIVE PLURALISM

1.6. FROM THE MODERN TO THE POST-MODERN AND FROM HOMOGENEOUS TO HETEROGENEOUS SOCIETIES1.6.1. The Modern versus the Post-Modern; 1.6.2. The Contrast Between Homogeneous and Heterogeneous Societies; 1.7. COMPREHENSIVE PLURALISM AND THE PRIORITY OF THE GOOD OVER THE RIGHT; 1.8. COMPREHENSIVE PLURALISM AND RAWLS'S POLITICAL LIBERALISM; 2 Equality and the Dialectic Between Identity and Difference; 2.1. THE DIALECTIC OF EQUALITY: A THREE-STAGE PROGRESSION; 2.2. FROM LIBERALISM TO PLURALISM; 2.3. THE DYNAMIC BETWEEN IDENTITY AND DIFFERENCE

2.4. SINGLE-STATUS SOCIETY AND THE FEDERALIZATION OF DIFFERENCE2.5. ACCOMMODATING CULTURAL DIFFERENCE WITHIN PLURALISM AND THE DIALECTIC OF EQUALITY; 2.6. DESIGNING A LEGAL AND INSTITUTIONAL FRAMEWORK TO ACCOMMODATE CULTURAL DIFFERENCE; 3 Human Rights and the Clash Between Universalism and Relativism; 3.1. HUMAN RIGHTS AND THE CONFRONTATION BETWEEN UNIVERSALISM, PARTICULARISM, AND RELATIVISM; 3.2. THE CONSTITUTIONAL PROTECTION OF MINORITIES AND THE CONFLICT BETWEEN INDIVIDUAL AND GROUP RIGHTS; 3.3. MINORITY RIGHTS UNDER THE U.S. CONSTITUTION

3.4. COMPREHENSIVE PLURALISM, THE CONSTITUTION, AND GROUP RIGHTS3.5. COMPREHENSIVE PLURALISM AND THE NEXUS BETWEEN HUMAN RIGHTS AND CONSTITUTIONAL RIGHTS; PART II E Pluribus Unum?; 4 Spinoza's Dialectic and the Paradoxes of Tolerance; 4.1. SPINOZA AND TOLERANCE: PARADOXES AND CONTRADICTIONS; 4.2. FROM MARX AND HEGEL TO SPINOZA; 4.3. SPINOZA'S DIALECTIC OF TOLERANCE IN POLITICAL CONTEXT; 4.4. SPINOZA'S THEORY AND TOLERANCE AND PLURALISM IN A POST-MODERN WORLD; 5 The Clash Between Deprivatized Religion and Relativized Secularism; 5.1. THE SECULAR VERSUS THE "ARELIGIOUS"

5.2. THE CONSTITUTIONAL TREATMENT OF THE RELATIONSHIP BETWEEN RELIGION AND THE STATE IN COMPARATIVE PERSPECTIVE5.2.1. The Constitutional Models; 5.2.2. Lessons from Constitutional Jurisprudences; 5.2.3. Recent Historical Changes and New Trends; 5.3. A PLURALIST ACCOUNT OF THE CONSTITUTIONAL TREATMENT OF THE RELATIONSHIP BETWEEN RELIGION AND THE STATE; 5.4. THE PLURALIST CONSTITUTIONAL APPROACH TO RELIGION AS SUPERIOR TO ITS LIBERAL COUNTERPART AND AS MEANS TO UNITY AMIDST DIVERSITY; 6 Dworkin and the One Law Principle; 6.1. DWORKIN'S THESIS AND THE ONE LAW PRINCIPLE

6.2. DWORKIN, HIS RIVALS, AND THE DISTINCTION BETWEEN PRINCIPLE AND POLICY

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references (p. 309-316) and index.

ISBN:

1-139-13976-2

1-107-22599-X

1-283-31508-4

1-139-13898-7

9786613315083

1-139-05098-2

1-139-14476-6

1-139-13742-5

1-139-14055-8

1-139-14144-9

OCLC:

769342144