Essay about The Legal System Should Address Cultural Difference

1286 Words Apr 24th, 2016 6 Pages
Mary Ellen Turpel provides her perspective on how the rule of law is very problematic. Her critique is based on the notion that the concept of the rule of law – that everyone is equal -has been developed and adapted by Western states as a method to restrain the government. Turpel argument is not about the debate of individual and collative right, rather it is about rethinking how we think and fundamentally how we perceive our rights. It is important that Ontario Human Rights Code does not undermine other people’s human rights because they do not belong to the so-called dominant group. Her argument is that one cannot understand the difference of cultural relevance without letting go over your cultural view. Which is difficult, cause no one has the ability to step outside their cultural box to understand another culture. Turpel proposes that the legal system should address cultural difference.
Wendy G. Smooth discusses the issue of intersectionality from a structural perspective. She provides that it is difficult to identify what grounds a person is being discriminated on and that systematic discrimination allows discrimination to transpire in intersectional grounds. Wendy raises the concern that most people do not understand the concept of intersectionality because involves all grounds of discrimination. She begins by examining the problem of not hiring a black woman for an employment she is more than qualified for and makes you look at the different perceptive of…

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