Multicultural Jurisdictions Cultural Differences and Women's Rights

Shachar offers a ???joint governance??? legal-institutional solution to the ???paradox of multicultural violation???.

Is it possible for the state simultaneously to respect deep cultural differences and to protect the hard-won citizenship rights of vulnerable group members, particularly women? This 2001 book argues that it is not only theoretically needed, but also institutionally feasible. Rejecting prevalent normative and legal solutions to this 'paradox of multicultural vulnerability', Multicultural Jurisdictions develops a powerful argument for enhancement of the jurisdictional autonomy of religious and cultural minorities while at the same time providing viable legal-institutional solutions to the problem of sanctioned intra-group rights violation. This new 'joint governance' approach is guided by an innovative principle that strives for the reduction of injustice between minority groups and the wider society, together with the enhancement of justice within them. This book will interest students of political and social theory, law, religion, institutional design, as well as cultural and gender studies.

1. Introduction; 2. The perils of multicultural accommodation; 3. Family law and the construction of collective identity; 4. State vs. nomos: lessons from contemporary law and normative theory; 5. Sharing the pieces of jurisdictional authority: mapping the possibilities; 6. Transformative accomodation: utilizing external protections to reduce internal restrictions; 7. Towards a resolution of the multiculturalism paradox: family law revisited; 8. Conclusion.

Can the state respect cultural differences while protecting group members' rights? Schachar argues that the jurisdictional autonomy of minorities must be enhanced while providing viable legal-institutional solutions to intra-group rights violation. This 2001 book will interest students of political and social theory, law, religion, institutional design, and cultural and gender studies.

Ayelet Shachar is Assistant Professor of Law in the Faculty of Law, University of Toronto. She is also currently a Member at the Institute for Advanced Study, Princeton. She has written extensively on issues of contemporary political theory, group rights and gender equality. Her most recent publications appear in the Journal of Political Philosophy, Political Theory and the Harvard Civil Rights - Civil Liberties Law Review. She has also contributed to several edited volumes including Multicultural Questions (1999); Citizenship in Diverse Societies (2000); and From Migrants to Citizens (2000).