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Reasons of Identity - A Normative Guide to the Political and Legal Assessment of Identity Claims (Hardcover)
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Reasons of Identity - A Normative Guide to the Political and Legal Assessment of Identity Claims (Hardcover)
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The current legal and political context is perhaps more congenial
than ever before to considering claims made by minorities for the
protection of some aspect of their identity. Reasons of Identity
argues that diverse societies depend for their success on having
courts and legislatures which are capable of assessing these
identity claims in a fair and transparent manner. Despite the
ubiquity of these claims today, how public decision makers assess
minority identity claims in the course of decision making is only
vaguely understood and mostly ignored in normative political theory
and public policy analysis.
This book examines several key approaches used by national and
international institutions to assess the identity claims of
religious, cultural, and Indigenous minorities today. It takes up
the central challenges to the public assessment of identity claims
which raise concerns about the incommensurability and questionable
authenticity of such claims, and about the risks of essentializing
and domesticating the identities of the people who advance identity
claims. It develops a guide to aid in the fair assessment of
identity claims which is grounded on the requirements that public
institutions must respect what people claim is deeply important to
their self understandings and ways of life without merely accepting
such claims at face value or deferring to claimants in every case,
and public institutions must have the capacity to reflect on their
own unfair biases. The guide developed in Reasons of Identity aims
at interrogating the strength of any identity claim on bases that
are respectful of differences without being blinded by them.
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