Multicultural Jurisdictions

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 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.

• Interdisciplinary, comparative approach • Important contribution to current multiculturalist and feminist debates • Offers in-depth exploration of practical legal-institutional solutions to vital normative dilemmas in diverse societies

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.