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Human Rights and Cultural Diversity: Core Issues and Cases

Edinburgh University Press (2017)

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  1. Cultures in Orbit, or Justi-fying Differences in Cosmic Space: On Categorization, Territorialization and Rights Recognition.Mario Ricca -2018 -International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (4):829-875.
    The many constraints of outer space experience challenge the human ability to coexist. Paradoxically, astronauts assert that on the international space station there are no conflicts or, at least, that they are able to manage their differences, behavioral as well as cognitive, in full respect of human rights and the imperatives of cooperative living. The question is: Why? Why in those difficult, a-terrestrial, and therefore almost unnatural conditions do human beings seem to be able to peacefully and collaboratively live together? (...) What is there beyond terrestrial boundary conditions that allows for such a result? And what can we learn from the astronauts’ experience about the effectiveness of human rights on Earth? My proposal is that the a-terrestrial dimension deeply alters the mind/body indexical framework and, in this way, disentangles the human inclination to semiosis from the cognitive and behavioral habits of categorization and territorialization inherent in the experience on Earth. If analyzed through the spectrum of an interdisciplinary approach involving anthropology, semiology, law, and human geography, I think that outer space enterprises can offer many insights into the cognitive and ethical/political hindrances to the effectiveness of human rights and their intercultural uses. Meanwhile the compulsive greed for a possessive territorialization of outer space and celestial bodies is growing by leaps and bounds. It haunts and imbues both astropolitics and space law. The astronauts’ semio-anthropological experience of human rights and cooperative coexistence seems to have been left in orbit. The future requires awareness and action by anthropologists, semioticians, cognitive scientists, geographers and lawyers, working all together in an interdisciplinary effort to move beyond approaching the experiential with a territorial mindset. The hope is that the “dark dream” of human exploitation/colonization of outer space will not turn from a political and legal speculation into a future reality. (shrink)
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  • The challenge of cultural diversity: the limited value of the right of exit.Andrew Fagan -2018 -Critical Review of International Social and Political Philosophy 21 (1):87-108.
    This article traces recent trends in British politics, liberal political theory and human rights law in order to demonstrate why the right of exit – made famous in the political theory of multiculturalism by Chandran Kukathas – may be able to mediate tensions between them. I argue that the right of exit is an insufficient test for consent because some cultures may render some members incapable of effectively exercising their autonomy. I use empirical evidence drawn from legal cases and social (...) science in conjunction with a philosophical account of agency as fundamentally ‘relational’ to unpack and defend this controversial claim. Understanding agency in relational terms sheds light on precisely how oppressive culturally permitted relationships can simultaneously constitute some individuals’ primary identities while serving to harm those very same individuals in the process. This account of agency and culture also avoids both the liberal assumption of a sovereign self and also any essentialism or reification of culture. I suggest that for an individual to have the capacity to effectively use of the right of exit, they must be able to conceive of themselves as an agent, which includes having a sense of their own moral worth and the ability to imagine the possibility of living a different kind of life. (shrink)
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  • Liberal democracy, nationalism and culture: multiculturalism and Scottish independence.Richard T. Ashcroft &Mark Bevir -2018 -Critical Review of International Social and Political Philosophy 21 (1):65-86.
  • Multiculturalism in contemporary Britain: policy, law and theory.Richard T. Ashcroft &Mark Bevir -2018 -Critical Review of International Social and Political Philosophy 21 (1):1-21.
    We start by surveying the different issues that fall under the umbrella of ‘multiculturalism’. We then sketch the trajectory of British multiculturalism since 1945, and examine its broader legal and philosophical contexts. This narrative highlights the empirical and theoretical connections between multiculturalism and decolonisation, and that the conceptualisation of multiculturalism in political theory is more wide-ranging than in law or policy. This helps foreground neglected aspects of British multiculturalism in policy and law, and suggests we should widen the philosophical scope (...) of multiculturalism even further. We then summarise the papers and draw out the connections between them. We argue that a deeper understanding of contemporary British multiculturalism inexorably leads us back to fundamental philosophical and practical questions regarding the structure and purpose of the British polity, and conclude that this indicates the need for greater polycentricity in governance. (shrink)
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