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30 Cards in this Set
- Front
- Back
cultural relativism
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A person’s beliefs should be regarded in terms of their own culture
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cultural absolutism
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ethical view that certain actions are absolutely right or wrong, regardless of other contexts or intentions
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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 |
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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 |
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Kymlicka's Three Types of Group Rights
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1. self-government rights
2. poly-ethnic rights 3. special representation rights |
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self-government rights
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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
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poly ethnic rights
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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 |
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special representation rights
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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
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honor
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born into it, hierarchal
based on status and rank |
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dignity
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earn it yourself, applies to everyone, equal for everyone, a person has dignity simply by being human
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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 |
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multiculturalism
vs. being multicultural |
a policy
vs. a descriptive fact |
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‘Saltwater’ thesis:
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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” |
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nation
ex? |
a group of people defined as being linked by various bonds
ex: China |
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state
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political system that has sovereignty
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nation-state
ex: Japan |
different groups under one state
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multi-nation state
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one group of people split into different states in political systems
USA |
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sovereignty
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independent legal authority over a population in a defined territory
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internal restrictions
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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 |
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external protections
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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 |
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Kukathas
what is the role of the state? |
to be an umpire
the state should preserve the peace and remain neutral |
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classical liberalism
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1. individualism
2. reason 3. rights 4. equality 5. liberty |
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classical conservatism
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god --> ruler --> people
the rights come from god, given to the rule, granted to the people |
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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 |
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pros of cultural defense (4)
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1. avoids misunderstandings
2. considers intent 3. reasonable person law doesnt apply 4. mainstream defenses can alleviate punishments |
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cons of cultural defense (5)
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1. benefits men
2. stereotypes 3. opportunistic 4. threatens legal universalism 5. boomerang effect |
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reasonable man theory
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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 |
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crimes of passion & natural honor
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individual crimes
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honor killings
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killings due to culture, family, honor
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Song : 4 stages to use cultural defense
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1. before trial
2. during trial 3. sentencing 4. appeals |