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30 Cards in this Set

  • Front
  • Back
cultural relativism
A person’s beliefs should be regarded in terms of their own culture
cultural absolutism
ethical view that certain actions are absolutely right or wrong, regardless of other contexts or intentions
national minority (3)

example?
1. a previously self-governing group that gets incorporated into a larger nation

2. they are their own, distinct, self-contained, self-governing group

3. they did NOT choose to form their own nation within another, they were run over

ex: native americans
ethnic groups

goal?
1. voluntary immigration

2. wish to immigrate into majority society

3.instead of becoming their own self-governing unit, their goal is to modify the existiing laws of the mainstream society to accomodate their cultural differences
Kymlicka's Three Types of Group Rights
1. self-government rights

2. poly-ethnic rights

3. special representation rights
self-government rights
pass powers to smaller political units, so that a national minority cannot be outvoted or outbid by the majority on decisions that are of particular importance to their culture
poly ethnic rights
allows immigrants to integrate into the society but also retain aspects of their culture

ex: policies related to ending racism and discrimination, education, some types of affirmative action, exemption from some rules which may violate religious practices, and public funding of cultural practices
special representation rights
within the political institutions of a larger society, these rights make it less likely that a national/ethnic minority will be ignored on decisions that are made on a country-wide basis by guaranteeing seats for the minority groups within the institutions of the larger state
honor
born into it, hierarchal

based on status and rank
dignity
earn it yourself, applies to everyone, equal for everyone, a person has dignity simply by being human
Liberal individualistic societies

values?
importance of culture?
i.They value a respect for individual, personal rights

ii.Culture allows people in these societies to express themselves and their beliefs by giving them choices and a context for that choice
multiculturalism

vs.

being multicultural
a policy

vs.

a descriptive fact
‘Saltwater’ thesis:
any nation that was colonized by an overseas nation should get to decide whether they are a nation

the country has the right to their own “self-determination”
nation

ex?
a group of people defined as being linked by various bonds

ex: China
state
political system that has sovereignty
nation-state

ex: Japan
different groups under one state
multi-nation state
one group of people split into different states in political systems

USA
sovereignty
independent legal authority over a population in a defined territory
internal restrictions
the right of the group to limit the liberties of its own members in order to prevent internal dissent

-the majority government would enforce these laws
-increases the possibility of oppression of memebrs wtihin the minority group
external protections
the right of the minority group to limit the power of the larger society over the minority group

protects the group from the impact of external decisions
Kukathas

what is the role of the state?
to be an umpire

the state should preserve the peace and remain neutral
classical liberalism
1. individualism
2. reason
3. rights
4. equality
5. liberty
classical conservatism
god --> ruler --> people

the rights come from god, given to the rule, granted to the people
what to do with illiberal groups?

kymlicka
okin
kukathas
barry
1. provide EPs but not IPs
2. before given group rights, we must reach certain preconditions
3. umpire theory
4. survival of the fittest
pros of cultural defense (4)
1. avoids misunderstandings
2. considers intent
3. reasonable person law doesnt apply
4. mainstream defenses can alleviate punishments
cons of cultural defense (5)
1. benefits men
2. stereotypes
3. opportunistic
4. threatens legal universalism
5. boomerang effect
reasonable man theory
what would a reasonable person do law uses a reasonable person from majority society

what is reasonable under american law is not reasonable in another culture
crimes of passion & natural honor
individual crimes
honor killings
killings due to culture, family, honor
Song : 4 stages to use cultural defense
1. before trial
2. during trial
3. sentencing
4. appeals