Gender, Culture and Human Rights: Reclaiming Universalism

Description

This books argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights. Half Title Page Half Title verso Title Page Title verso Series Editor's Preface Acknowledgements Contents Table of Cases Table of Statutes Table of International Instruments Introduction 1. The Discourse of Human Rights: 'An Active Enemy of Women's Profress'? A. FEMINIST ETHICS OF CARE B. RADICAL FEMINISM OF CATHARINE MACKINNON C. POSTMODERN FEMINISMS D. CONCLUDING REMARKS 2. Alan Gewirth's Community of Rights: Feminism, Liberalism and the Value of Community A. THE PRINCIPLE OF GENERIC CONSISTENCY AND THE NORMATIVE STRUCTURE OF ACTION B. THE ‘LONELY GEOMETRICIAN’ AND A LEGISLATING REASON C. THE PGC AND CONFLICTING CULTURAL CLAIMS D. CONCLUDING REMARKS 3. Political Liberalism, Feminism and the Limits of an 'Overlapping Consensus' A. JUSTIFICATORY STRATEGIES: FROM A THEORY OF JUSTICE TO POLITICAL LIBERALISM B. THE POLITICAL, THE NON-POLITICAL AND AN OVERLAPPING CONSENSUS C. THE LAW OF PEOPLES AND THE DEFENCE OF DOMESTIC JURISDICTION D. CONCLUDING REMARKS 4. Nussbaum and the Human Capabilities Approach: Reconciling Feminism and Universalism? A. THE HUMAN CAPABILITIES APPROACH, EQUALITY AND THE LIBERAL IDEAL OF AUTONOMY B. CHALLENGING THE PUBLIC/PRIVATE DIVIDE C. THE LIMITS OF AN OVERLAPPING CONSENSUS D. CONCLUDING REMARKS 5. Discourse Ethics, Feminism and the Return to the Universal A. FEMINISM, DISCOURSE ETHICS AND UNIVERSALISM B. DISCOURSE ETHICS, HUMAN RIGHTS AND THE COSMOPOLITAN ORDER C. NEGOTIATING JUST MULTICULTURAL ARRANGEMENTS D. CONCLUDING REMARKS 6. Opting out of Women's Human Rights: Reservations to Human Rights Treaties and the Defence of Culture A. THE RESERVATIONS DIALOGUE: THE ORTHODOX RESPONSE B. CEDAW AND THE RESERVATIONS DIALOGUE C. FEMINISM, ANTI-ESSENTIALISM AND THE ‘DEFENCE OF CULTURE’ D. A DUAL-TRACK APPROACH TO THE PROBLEM OF RESERVATIONS E. CONCLUDING REMARKS 7. Debating Gender in Ireland (1): Family Values A. GENDER, FAMILY AND NATION-BUILDING B. SEPARATE SPHERES: ‘LIFE WITHIN THE HOME’ C. RIGHTS DISCOURSE AND FAMILY LAW REFORM D. RIGHTS DISCOURSE AND LIFE WITHIN THE HOME E. CONCLUDING REMARKS 8. Debating Gender in Ireland (2): Reproductive Rights A. THE ABORTION DEBATE: RE-PARTITIONING THE STATE B. FROM ‘ETHNOS’ TO ‘DEMOS’ C. CONCLUDING REMARKS 9. Women, Human Rights and Cultural Claims in Pakistan A. THE ROLE OF ISLAM IN PAKISTAN’S CONSTITUTIONAL FRAMEWORK B. THE SEPARATE SPHERE OF MUSLIM PERSONAL LAW C. ISLAMISATION: ‘CHADOR AUR CHARDIWARI’ D. NEGOTIATING CONFLICTING CLAIMS: THE ROLE OF HUMAN RIGHTS DISCOURSE E. CONCLUDING REMARKS 10. Debating Gender Equality in India: Feminism and Multicultural Dilemmas A. SHAH BANO, COMMUNAL POLITICS AND FEMINIST DILEMMAS B. REINSTATING THE TIES THAT BIND: THE AFTERMATH OF SHAH BANO C. IS MULTICULTURALISM ‘BAD FOR WOMEN’?: A RIGHTS-BASED RESPONSE D. CONCLUDING REMARKS Conclusion Bibliography Index