Strange Multiplicity: Constitutionalism in an Age of Diversity

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Cambridge University Press, 7 sept. 1995 - 253 pagini
In the inaugural set of Seeley Lectures, the distinguished political philosopher James Tully addresses the demands for cultural recognition that constitute the major conflicts of today: supranational associations, nationalism and federalism, linguistic and ethnic minorities, feminism, multiculturalism and aboriginal self government. Neither modern nor post-modern constitutionalism can adjudicate such claims justly. However, by surveying 400 years of constitutional practice, with special attention to the American aboriginal peoples, Tully develops a new philosophy of constitutionalism based on dialogues of conciliation which, he argues, have the capacity to mediate contemporary conflicts and bring peace to the twenty-first century. Strange Multiplicity brings profound historical, critical and philosophical perspectives to our most pressing contemporary conflicts, and provides an authoritative guide to constitutional possibilities in a multicultural age.
 

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Cuprins

Demands for constitutional recognition
1
three features of the common ground and three historical movements
7
The spirit of Haida Gwaii as a symbol of the age of cultural diversity
17
A constitutional dialogue in The spirit of Haida Gwaii
24
Diversity and contemporary constitutionalism
30
Two languages of contemporary constitutionalism and three schools of modern constitutionalism
34
The challenge of postmodernism and cultural feminism
43
The challenge of interculturalism
53
The Aboriginal and commonlaw system and the convention of continuity
124
The Aboriginal and commonlaw system of constitutional dialogue
129
The historical formation of common constitutionalism the rediscovery of cultural diversity part II
140
the Quebec Act and the ancient constitution
145
Diverse federalism the three conventions and the American revolution
152
the Durham report and its followers
157
the form of reasoning appropriate to mutual recognition and accommodation
165
Intercultural citizens gender differences and the three conventions
176

The historical formation of modern constitutionalism the empire of uniformity
58
Seven features of modern constitutionalism
62
Locke and Aboriginal peoples
70
Vattel Kant and their followers
79
The reform of diversity in Europe and the colonies
82
The American revolution and the guardians of empire today
91
The historical formation of common constitutionalism the rediscovery of cultural diversity part I
99
Wittgenstein and Hale
103
the Aboriginal and commonlaw system and the conventions of mutual recognition and consent
116
Constitutionalism in an age of cultural diversity
183
Replies to four objections to contemporary constitutionalism
187
belonging and critical freedom
198
the philosophy and practice of contemporary constitutionalism
209
Notes
213
Guide to further reading
223
Bibliography
226
Index
246
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