Accommodating cultural diversity applied legal philosophy

29-Feb-2020 11:32 by 3 Comments

Accommodating cultural diversity applied legal philosophy - making a form intimidating

The author expresses his gratitude to John Bell, Carel Smith and an anonymous review of the NJLP for helpful comments on an earlier draft of this paper.

This introduces an obvious point of connection with one major aspect of global legal pluralism.

Postema remarks that: ‘Hart narrowed the conventional foundations of law to the practice of law-applying officials in the limited enterprise of recognizing legal norms as valid in the system, although he added, in what might strike some as an afterthought, that general conformity of the behaviour of the populace to the officially-recognized law is also necessary for its existence.’.

Contemporary debates in jurisprudence have subsequently focused almost exclusively on the activities of this group, and the principal product of their behaviour: the rule of recognition.

Monica Mookherjee Edinburgh University Press, Edinburgh, 2009, xvi 192pp., £60.00, ISBN: 978-0748632794.

Few issues cause more hand-wringing than the apparently competing claims of feminism and multiculturalism.

It is for women, in their full cultural particularity, to speak for themselves.

Mookherjee's book is rich in argument and empirical detail and every sentence is clearly the product of careful reflection. Because she is so alive to the multitude of considerations that bear on the issues she examines, argument and counter-argument follow one another in quick succession, giving the reader little chance to relax.Although she is critical of some liberal approaches to rights, particularly the conflictual conception of rights as trumps, she herself proposes a framework of rights as the essential instrument for achieving a culturally sensitive form of gender equality. ‘Mediation’ here describes not third party mediation but the right of a minority group to participate in dialogue with the state so that it can articulate its own values and defend its own cultural claims.Mookherjee is concerned to ensure that women should be able to participate as equal deliberators in the exercise of that group right.It is hard to see how the logic of feminism can be curtailed by national or cultural boundaries, yet those who are persuaded by that logic are often no less moved by the claims of cultural diversity and postcolonial complaints about the export of western values.Unsurprisingly therefore the search has been on for a way of reconciling the claims of feminism and culture and it is just such a reconciliation that Monica Mookherjee offers us in this book.Her book is also impressively erudite; there seems nothing of relevance to her subject that Mookherjee has not read.