The revolution reconsidered -- France's Jewish star -- Universalism in Algeria -- Zola and the Dreyfus affair -- The Jew in Renoir's La grande illusion -- Sartre's "Jewish question"--Finkielkraut, Badiou, and the "new antisemitism" -- Conclusion: "Je suis juif
Religion is a prominent legal force despite the premise constructed and promoted by Western constitutionalism that it must be separated from the State in democracies. Education constitutes an area of human life that leaves ample scope for the expression of religious identity and shapes the citizens of the future. It is also the place of origin of a considerable number of normative conflicts involving religious identity that arise today in multicultural settings. The book deals with the interplay of law and religion in education through the versatility of religious law and legal pluralism, as well as religion’s possible adaptation and reconciliation with modernity, in order to consider and reflect on normative conflicts. It adopts the angle of the constitutional dimension of religion narrated in a comparative perspective and critically reflects on regulatory attempts by the State and the international community to promote new ways of living together.
In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.
What is the future of civil rights? Like a living thing, discrimination evolves, adapting to its time. As discrimination becomes more individualized, as difference becomes more pronounced, we need a civil rights that is attuned to the way identity is performed today. Outsiders is filled with stories that demand attention, stories of people whose search for identity has cast them to the margins. Their stories reveal that we need to refresh our vision of civil rights. Taking its cue from religious discrimination law, Outsiders proposes two major changes to civil rights law. The first is a right to personality. Identity comes from within. The goal of civil rights law should be to take people as they come, to let each of us determine who we are and how we relate to the world around us. The second change is a shift in how the law responds to discrimination. The critical question driving equality law should be whether there is space to accommodate a person's identity. Accommodations are about respecting difference, not erasing it. Accommodations are a way to bring outsiders in. Outsiders seeks to change the way we think about identity, equality, and discrimination. It argues that difference, not sameness, should be the cornerstone of civil rights. Mixing doctrine and theory, art, and personal narrative, Outsiders proposes a civil rights for everyone. Being different is universal. We are all outsiders.
Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality?Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision.Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different.Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference,
Author Interview on The Brian Lehrer Show America is a weight-obsessed nation. Over the last decade, there's been an explosion of concern in the U.S. about people getting fatter. Plaintiffs are now filing lawsuits arguing that discrimination against fat people should be illegal. Fat Rights asks the first provocative questions that need to be raised about adding weight to lists of currently protected traits like race, gender, and disability. Is body fat an indicator of a character flaw or of incompetence on the job? Does it pose risks or costs to employers they should be allowed to evade? Or is it simply a stigmatized difference that does not bear on the ability to perform most jobs? Could we imagine fatness as part of workplace diversity? Considering fat discrimination prompts us to rethink these basic questions that lawyers, judges, and ordinary citizens ask before a new trait begins to look suitable for antidiscrimination coverage. Fat Rights draws on little-known legal cases brought by fat citizens as well as significant lawsuits over other forms of bodily difference (such as transgenderism), asking why the boundaries of our antidiscrimination laws rest where they do. Fatness, argues Kirkland, is both similar to and provocatively different from other protected traits, raising long–standing dilemmas in antidiscrimination law into stark relief. Though options for defending difference may be scarce, Kirkland evaluates the available strategies and proposes new ways of navigating this new legal question. Fat Rights enters the fray of the obesity debate from a new perspective: our inherited civil rights tradition. The scope is broad, covering much more than just weight discrimination and drawing the reader into the larger context of antidiscrimination protections and how they can be justified for a new group.
This volume suggests that there is a 'third way' of addressing global tensions - one that rejects the extremes of both universalism and particularism. This third way acknowledges the 'dignity of difference' and promotes both self-respect and respect for others. It is also a radical call for an epistemic shift in our understanding of 'us-other' and 'good-evil'. The authors strengthen their alternative approach with a practical policy guide, by challenging existing policies that either exclude or assimilate other cultures, that wage the constructed 'global war on terror', and that impose a western neo-liberal discourse on non-western societies.
From two influential and visionary thinkers comes a big idea that is changing the way movements catch fire and ideas spread in our highly connected world. For the vast majority of human history, power has been held by the few. "Old power" is closed, inaccessible, and leader-driven. Once gained, it is jealously guarded, and the powerful spend it carefully, like currency. But the technological revolution of the past two decades has made possible a new form of power, one that operates differently, like a current. "New power" is made by many; it is open, participatory, often leaderless, and peer-driven. Like water or electricity, it is most forceful when it surges. The goal with new power is not to hoard it, but to channel it. New power is behind the rise of participatory communities like Facebook and YouTube, sharing services like Uber and Airbnb, and rapid-fire social movements like Brexit and #BlackLivesMatter. It explains the unlikely success of Barack Obama's 2008 campaign and the unlikelier victory of Donald Trump in 2016. And it gives ISIS its power to propagate its brand and distribute its violence. Even old power institutions like the Papacy, NASA, and LEGO have tapped into the strength of the crowd to stage improbable reinventions. In New Power, the business leaders/social visionaries Jeremy Heimans and Henry Timms provide the tools for using new power to successfully spread an idea or lead a movement in the twenty-first century. Drawing on examples from business, politics, and social justice, they explain the new world we live in--a world where connectivity has made change shocking and swift and a world in which everyone expects to participate.
Moving beyond mere tolerance Us-versus-them is the costly mind-set in which organizations, communities, and whole nations too often find themselves trapped. In fact, recognizing difference as a positive force can bring astonishing value to even the most diverse organizations. In Us Plus Them, leadership scholar Todd Pittinsky introduces a groundbreaking new science of diversity that: • Debunks the assumption that wherever there is difference there will be inherent tension and animosity • Challenges the effectiveness of our standard attempts to fight prejudice and combat hate in our schools and workplaces, our civic and religious lives • Reveals how we benefit from the mixing of different ethnic, racial, national, social, and religious groups in a globalized world Through a wide range of examples—from Maine and Michigan to Rwanda and Bhutan, and from small-town classrooms to corporate boardrooms—Pittinsky opens our eyes to misunderstood yet useful aspects of us-and-them relations, including many of the neglected positive dimensions of difference. He provides a bold new assessment of the popular and scientific approaches to the issue, proving that it’s time to move beyond mere tolerance to build communities in which the two sides of the us-and-them equation engage each other because they both want to. Much as Martin Seligman and positive psychology have shifted the focus from mental illness to mental healthiness, this book shifts our mind-set to diversity as a positive force. Understanding the science and practical use of that energy will help us build the schools, neighborhoods, companies, and nations we want, and not simply avoid the ugliest problems of the past. Pittinsky shows us that our great diversity experiment hasn’t failed—it hasn’t even begun.