Jacob Levy’s article works to explore different areas of cultural rights and the ways in which we may change the way we do things depending on the minority culture of the community. He breaks down cultural rights into different categories: exemptions, assistance, self-government, external and internal rules, recognition/enforcement, representation, and symbolic claims. He gives certain examples about each category, with instances such as having multilingual ballots to ease the voting process for minorities (assistance) or having proper representation in the legislature process. Rather than claiming a position on any argument regarding the cultural rights of a community, he writes just to categorize and discuss the different areas. I believe though that there are certain areas that can be more problematic than others. Areas such as assistance, representation or recognition would go without too much debate since most of the examples from these areas aren’t too complicated. They mostly aim at making the community more balanced and diverse.
The categories that may be problematic would be exemptions, self-government and external/internal rules. Exemptions may give the impression that a certain religion is being favored
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Volpp defines “cultural defense” as a legal strategy that defendants use in attempts to exercise criminal behavior. The problem with cultural defense is that it takes a single person’s behavior and applies it to a whole culture. One person does not define a community and can make an entire culture look bad. Volpp also believes that the cultural defense tactic should not be formalized among lawyers and the court as it is not accurate for explaining an individual’s reasoning for their actions. She also goes on to state the conception of cultural defense gives the immigrant defendant culture that the U.S. law does not, building an anthropologic relationship between the
Then in 1838, tragedy struck and the building was consumed by flames leaving everything totally destroyed except for the wrought iron fence that enclosed the grounds. Luckily, congregation member Moses Levy was able to rescue the torah and scrolls from the burning building just in time, “saving the heart of the Jewish community” (Ackermann 176). Following the destruction of the old building, a new plan for a replacement synagogue was drafted up by builder and congregation member, David Lopez. Lopez followed a design made by architects Tappan and Noble in the Greek revival style. After the great fire destroyed much of Charleston’s buildings, this type of neoclassical architecture became extremely popular in Charleston during the pre-Civil
The Canada (Attorney General) v. Big M Drug Mart (1985) case is an example of a case that could not be tolerated because it began to harm people around. The moment it harms people is when it should not be tolerated. They found that the government could not force individuals to conform to religious practices or follow certain religious beliefs (Canada v. Big M Drug Mart, 1985). Also, in the case of Canada (Attorney General) v. Edwards Books and Art (1986), we notice that the state has the duty of religious neutrality. It applies back to being tolerable with religions and having the state stay neutral between religions and society. Therefore we should be tolerating all religions and not excluding religions because one should not feel obligated to compel to certain
There is much literature about African American and Hispanic offenders and the punishment of males in the criminal justice system; however, there is not much literature on either Native Americans or women offenders in the criminal justice system. Luana Ross attempts to break this trend with her research in Inventing the Savage: The Social Construct of Native American Criminality. In her book, Ross first gives a comprehensive history and perspective on the perception of Native Americans by what she describes as “Euro-Americans.” In the second part of her book, Ross gives us a glimpse on the conditions and
- The government only tolerates religious organizations that are willing to accept strict regulations. They have to be free of foreign influence and they must accept government censorship of religious writings and guidance in the selections of clergy, and limit religious activities and
Native American and Mennonite Approaches In the traditional criminal justice system people who are accused of a crime are tried in a court of law by the state in which the crime was committed. These criminals are punished by the court system and there is no real regard for all the people who were affected by the criminal act. “The current retributive criminal justice system ignores the victims' needs and leaves them to flounder in the adversity system where they are often further victimized in court processes" (Hart, 2004, p. 153). Furthermore, “the justice system of America, and most or all countries in the Western World, operates on the foundation of punishment.
The article explains the author reasons on why America is “racial democracy” and how much of problem it is. The authors Jason Stanley and Weaver first explain where America has gotten their ideas of liberty “Though the liberty of moderns is more familiar to Americans, it is in fact the liberty of the ancients that provides the fundamental justification for the central political ideals of the American Democratic tradition.” The purpose of the author’s explaining this is to later show how America has turned away from their idea which is liberty and how it now became a “racial democracy”.
Two-tiered pluralism differs from pluralism because of the effect it has upon the minority groups of the nation. While there is an equal legal backing for all racial and ethnic communities, minorities are still undermined by the system thus becoming segregated. Moreover in politics, minority groups tend to be under seclusion even though the current enacted laws grant equality at all stages. The amount of resources given to minorities are very different to elites leading to the practices and outcomes to be unequal (Lecture 6). Pluralism is very different from the two-tiered pluralism framework as it focuses upon group-based competition and that everyone has equal opportunities
Simple toleration of gathering contrasts is said to miss the mark concerning regarding individuals from minority bunches as equivalent nationals; acknowledgment and positive convenience of gathering contrasts are required through "gathering separated rights," a term authored by Will Kymlicka (1995). (Rosado, 1997). Some gathering separated rights are held by individual individuals from minority bunches, as on account of people who are allowed exceptions from for the most part pertinent laws in righteousness of their religious convictions or people who look for dialect lodging in schools or in voting. Other gathering separated rights are held by the gathering qua assemble rather by its individuals severally; such rights are legitimately called bunch rights, as on account of indigenous gatherings and minority countries, who assert the privilege of self-determination. In the last regard, multiculturalism is firmly associated with patriotism. (Rosado,
In the peer-reviewed journal, “Indigenous Peoples and Multicultural Citizenship: Bridging Collective and Individual Rights,” Cindy L. Holder and Jeff J. Corntassel discuss the revaluation, problems, and restrictions of existing human rights instruments while examining the liberal-individualist and corporatist perspectives. This journal was written in response to the fiftieth anniversary of the Universal Declaration of Human Rights, which was “ …. a milestone for universal legal protection of individuals” (Holder and Corntassel 126). When the existing human right means were reexamined due to the anniversary, there were several problems that arose. First, there is the absence of promoting universal acceptance of group rights when compared to
The United States is a country anchored on the principle of inclusivity and mutual respect. The country has a dark past characterized with instances of racial profiling and discrimination which culminated into civil unrests realized in the mid-20th century. Moving forward, the country adopted strategic frameworks that were to guide towards a new era devoid of discrimination. The aspect of political participation was one fundamental instrument that was subsequently integrated into the American social dynamics. The enactment of the Voting Rights Act of 1965 sought to empower the minority groups to participate in the electoral processes, and to eliminate the barriers that existed in the political landscape. Some of the achievements of the act
World War I, the Great War, began on July 28, 1914, and ended on November 11, 1918. This war had a huge effect on each involved country’s people. The four major causes of the Great War were Nationalism, Militarism, Imperialism, and the alliances made before the war was even thought about. Nationalism and Militarism tie together very well; for example, Germany had a strong desire for world power, Weltpolitik, because of how amazing they thought their country was which caused them to be an Imperial and Militaristic country. In addition to Germany’s nationalism, the French had a desire for revenge over Alsace-Lorraine, the Germany-annexed territory that was taken in the Franco-Prussian War. The Alliances, Triple-Entente and Triple Alliance,
Propaganda is most commonly associated with World War II, yet in our modern day society, we are still inundated with many forms of propaganda, both directly and indirectly. With current events such as the controversial election of President Donald Trump, propaganda has once again moved to the forefront of people’s minds, with an influx of ‘fake news’ and scandalous stories on an almost daily basis, as a consequence of the rise of social media.
Donald Black follows similar reasoning when analyzing other dimensions of social life, the symbolical aspect of culture and the corporate aspect of organization. The interrelationship between culture and law as well as organization and law results in positive correlation. More educated and/or literate people are more litigious than people having less cultural background. Analogously, the more organized institution is, the more litigious it is. Subsequently, these assumptions have an impact on deviant behavior, the less culture people have, the more likely their behavior will be deviant, the more likely they will be exposed to the law and the more painful legal process they will undergo. Same as, the more centralized
In order to fully answer the question we must be able to fully define rights and discover how they relate and help democracy. Rights can be broken down into a number of sub categories and in this essay we will discuss the meaning of Civil and political rights but first and fore most “rights” are a number of civil, juridical and ethical rights of entitlement or liberty and are a set of regulating rules that allow people entitlement or to be owed to them. Rights are fundamental to many disciplines such as law and ethics. Civil and political rights are a branch of rights in which we will discuss, Civil and political rights are used to
The rights of many people versus the rights of an individual is certainly a vexing concept. Like a delicate balancing act; if one side is favoured over the other it causes a rift in the already strained relationship between the minority and majority. Evidently, the justification of taking any side must be valid, according to the theories of H.L.A. Hart. In the past, Canadian law has violated the rights of minorities; however, these violations have decreased in their severity as time has passed on. Some cases where the balance between minority and majority rights is questioned is in The Canadian Indian Residential School System, Bill 101, Equality in the Workplace and The Public Service Act.