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1 – 6 of 6This chapter uncovers the destabilizing and transformative dimensions of a legal process commonly described as assimilation. Lawyers working on behalf of a marginalized group…
Abstract
This chapter uncovers the destabilizing and transformative dimensions of a legal process commonly described as assimilation. Lawyers working on behalf of a marginalized group often argue that the group merits inclusion in dominant institutions, and they do so by casting the group as like the majority. Scholars have criticized claims of this kind for affirming the status quo and muting significant differences of the excluded group. Yet, this chapter shows how these claims may also disrupt the status quo, transform dominant institutions, and convert distinctive features of the excluded group into more widely shared legal norms. This dynamic is observed in the context of lesbian, gay, bisexual, and transgender (LGBT) rights, and specifically through attention to three phases of LGBT advocacy: (1) claims to parental recognition of unmarried same-sex parents, (2) claims to marriage, and (3) claims regarding the consequences of marriage for same-sex parents. The analysis shows how claims that appeared assimilationist – demanding inclusion in marriage and parenthood by arguing that same-sex couples are similarly situated to their different-sex counterparts – subtly challenged and reshaped legal norms governing parenthood, including marital parenthood. While this chapter focuses on LGBT claims, it uncovers a dynamic that may exist in other settings.
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Nadia Murtaza and Urooj Fatima
The purpose of this chapter is to examine how the broader characteristics of Pakistan’s public policies reflect Islamic law, how the financial crime rate has been affected by…
Abstract
Purpose
The purpose of this chapter is to examine how the broader characteristics of Pakistan’s public policies reflect Islamic law, how the financial crime rate has been affected by policy rules, and if the policies do indeed reflect Islamic law, how do they help the process?
Methodology/approach
It is a qualitative exploratory study where structured interviews have been conducted with experts and practitioners in Islamic Ideological Council and Parliament.
Findings
The findings constitute a threadbare discussion of financial crimes which policy takes into account under Islamic law; along with the relevant ramifications and recommendations.
Research implications
It is suggested that the laws of Pakistan be studied taking Shariah density into consideration. Future research can focus on implementation of laws and policies as a factor improving governance.
Originality/value
This study is pertinent because financial crimes in light of Islamic law and public policy are not discussed in detail in previous research.
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This chapter examines the relationship between constitutional guarantees of sex equality, understood as prohibiting unequal treatment between men and women, and the constitutional…
Abstract
This chapter examines the relationship between constitutional guarantees of sex equality, understood as prohibiting unequal treatment between men and women, and the constitutional protections of maternity. Textual guarantees of sex equality are nearly universal in constitutions around the world, and many constitutions in Europe, Latin America, and Asia also include provisions guaranteeing mothers the special protection of the state. In the United States, by contrast, the special treatment of mothers has long been contested as a threat to gender equality, and the efforts to add a sex equality amendment to the U.S. constitution have failed over the past century because of conflicts about the status of motherhood. This study traces the origins and jurisprudential development of maternity clauses in European constitutions to shed light on the possibility of synthesizing maternity protection with a constitutional commitment to gender equality.
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Purpose: This ethnography examines West African immigrant youth attending an Islamic madrassa in a New York City mosque and their future educational aspirations.Methods: This…
Abstract
Purpose: This ethnography examines West African immigrant youth attending an Islamic madrassa in a New York City mosque and their future educational aspirations.
Methods: This ethnographic research was conducted mainly through interviews of ten Muslim youth attending weekly madrasa at a West African mosque in the Bronx in New York City. I also did observations in the mosques, observing youth behavior, seating and listening in their classes, observing their interaction with one another and with their parents. While I had done this research within a month, I have been researching this community since 2006 at different times on the topic of parenting and schooling.
Findings: Muslim parents and teachers, concerned that children might fall into inner-city neighborhood life, engaged in teaching, guiding, and counseling the youth to keep them religiously and educationally engaged. As a result, the youth in this study demonstrated strong comittment to Islam and parental expectations but also expressed their own views of what their lives could become as transnational citizens.
Research implications: This research demonstrates that while schools, parents, and extracurricular programs are concerned with how youth will turn out, the youth are also making sense of their education experience in these spaces among others, and engage in carving a niche to inform their identity, education and career path. To this end, youth agency and voices should be acknowledged in educational research.
Value: The youth in this research demonstrate how contemporary young immigrants, living in a transnational world with diverse belief systems and ideals for success and socio-economic mobility, engage in imagination, resiliency and agency as they adapt to their new environment.
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Rights constitute a familiar feature of the liberal discourse of judging. This chapter seeks to recast this discourse away from the language of rights by considering two cases…
Abstract
Rights constitute a familiar feature of the liberal discourse of judging. This chapter seeks to recast this discourse away from the language of rights by considering two cases where liberals often invoke it: abortion and same-sex marriage. I argue that the presence of rights in American constitutional discourse exacerbates the counter-majoritarian nature of judicial review. We do better to recast the language of judging from an emphasis on protecting rights to an emphasis on making sure that the demos acts on publicly justifiable reasons. In doing so, I proffer a novel analysis of liberal theory's extant commitment to public reason, one that conceptualizes public reason as representing the scope of state power.