What is the place of pluralism in the context of a dominant religion? How does the perception of religion as “tradition” and “culture” affect pluralism? Why do minorities’ demands for recognition often transform into exclusion? Through her ethnography of a multireligious community in rural Poland, Agnieszka Pasieka demonstrates how we can better understand the nature of pluralism by examining how it is lived and experienced within a homogenous society. Painting a vivid picture of everyday interreligious sociability, Pasieka reveals the constant balance of rural inhabitants between ideas of sameness and difference, and the manifold ways in which religion informs local cooperation, relations among neighbors and friends, and common attempts to “make pluralism.” The book traces these developments through several decades of the community’s history, unveiling and exposing the paradoxes inscribed into the practice and discourse of pluralism and complex processes of negotiation of social identities.
Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal positivists, and recommends that the formal normative systems of highly organized groups be accorded the status of fully legal norms when they encounter the laws of the state. In this book, Muniz-Fraticelli argues that political pluralism is a convincing political tradition that makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state. Drawing on the intellectual tradition of the British political pluralists, as well as recent developments in legal philosophy and social ontology, the book argues that political pluralism makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state.
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Value pluralism is the idea, associated with the late Isaiah Berlin, that fundamental human values are irreducibly plural and incommensurable. Ends like liberty, equality and community are intrinsic goods which can neither be ranked in an absolute hierarchy nor translated into units of a common denominator. If that is true, how can we choose among such values when they come into conflict in particular cases? In particular, what reason is there to justify the value ranking characteristic of liberal democracy, favouring personal autonomy and toleration? Recent commentators have seen value pluralism as undermining the traditional claims of liberalism to universal authority, rendering it at best no more than one political form among others with no greater claim to legitimacy. Against that view, George Crowder argues that a strong distinctive case for liberalism as a universal project is implied by value pluralism itself. Reflection on the elements of value pluralism yields a set of ethical principles, including respect for universal values, rejection of political utopianism, promotion of value diversity, accommodation of reasonable disagreement, and cultivation of civic virtues. Those principles are best satisfied by a liberal form of politics characterised by a strong commitment to personal autonomy, by policies of moderate redistribution and multiculturalism, and by constitutional restraints on democractic politics. This is the first book-length defence of liberalism on the basis of value pluralism, complementing and extending the work of Berlin and others.
Mathematical pluralism is the view that there is an irreducible plurality of pure mathematical structures, each with their own internal logics; and that qua pure mathematical structures they are all equally legitimate. Mathematical pluralism is a relatively new position on the philosophical landscape. This Element provides an introduction to the position.
The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.
The essays in this volume assess the ways in which the Catholic Church in Latin America is dealing with these political, religious, and social changes.
Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Social Theory and the Political Imaginary: Practice, Critique and History is an innovative work of synthesis, critique, and analysis. It presages a social theory perspective that recognises the constitutive significance of the political imaginary in modernity. Social theory’s current dilemmas are explored through a series of interlinked asssessments of some of its recent substantial strands, specifically, Luc Boltanski’s pragmatism and the wider ‘practical turn’, the perspectives of multiple modernities and global modernity, the outlook of social and political imaginaries, and critical social theory. The political imaginary’s reconfigurations are evident in the tensions of global modernity and original social theory interpretations are advanced of landmark instances of twenty-first century social contestation: the Hong Kong protests conditioned by threats to civil freedoms and a lack of self-determination, the radical democratic practices of anti-austerity movements contesting capitalist globalisation’s injustices, and the inverted cosmopolitanism of the 2005 French Riots challenging the oppression and inequalities experienced by immigrant communities and marginalised youth. These incisive applications of social theory and complementary conceptual innovations illuminate the vicissitudes of social struggles, political forms, and theoretical perspectives. Similarly, reflection on the political imaginary is found to enable a necessary rethinking of the interrelationship of practice, critique and history.
