Document Type : Original Article
Authors
1 Assistant Professor of Public Law at Shiraz University
2 Graduate of Public Law at Shiraz University
Abstract
Identity diversity within the territorial boundaries of legal systems has given rise to concepts such as multiculturalism and the legal recognition of minorities, which have sparked significant theoretical debates. One of the fundamental challenges in the legal recognition of minorities is the oppressive nature of some of their group norms, and prevailing theories in the discourse of multiculturalism have sought to address this issue in various ways. Frank Lovett has focused his theoretical efforts on reinterpreting and retelling multiculturalism from the perspective of the theory of Freedom from domination, aiming to resolve the conflict between the two and provide a theory of minority recognition that remains faithful to the moral ideal of Freedom from domination. This Article seeks to explore the intellectual and historical foundations of the legal recognition of minorities, to present and analyze Frank Lovett's domination-based theory, and to evaluate the transformation his theory has brought to the discourse of recognition. Through a conceptual analysis of the studied theory, this Article concludes that Lovett’s theory, by fully departing from the dominant paradigm of recognition politics, cannot be considered a theory of legal recognition of minorities, but rather a critical interpretation of recognition, repurposed for an entirely different goal.
Keywords
References
Books
- Azimi, Mohammad Reza, Minorities In International Law; History, Commitments, Limits And Protections, Shiraze Publication, First Publication, 2013. (in Persian)
- Azizi, Sattar, Protecting Minorities In International Law, Shahre Danesh Legal Research institute, Second Publication, 2017. (in Persian)
- Kymlica, Will, Multicultural citizenship, Translated by Ebrahim Eskafi, Shiraze Publication, Second Publication, 2019. (in Persian)
- Lovett Frank, A general theory of domination and justice, Oxford university press, first published 2010a.
- Medda-Windischer, Roberta. Old and new minorities: reconciling diversity and cohesion: a human rights model for minority integration. Nomos, 2009.
- Nozick, Robert, Anarchy, State And Utopia, Translated By Mohsen Ranjbar, Markaz Publication, Second Publication, 2017. (in Persian)
- Pettit, Philip, Republicanism: A Theory of Freedom and Government, Translated by Farhad Majlesi pour, Shiraze Publication, First Publication, 2009. (in Persian)
- Taylor, Charles, Multiculturalism: Examining the Politics of Recognition, Translated by Taher Khadiv and Saeed Rizvandi, Rokhdad Now Publication, First publication, 2013. (in Persian)
Articles
- Bateni, E & Taghi Dashti, T "Conceptology Of Minority (Presentation of Practical Sample For Describing And Diagnosing Minorities)", Islamic Law Publication, No 2, 2010. (in Persian)
- Iser, M,” Recognition”, Stanford encyclopedia of philosophy, 2013.
- Kordoni, N & Nikpay, A, "Multiculturalism, States and Minorities’ right", Legal Research Quarterly, 2016. (in Persian)
- Lovett, F, “Cultural accommodation and domination”, sage publications, 2010.
- Lovett, F,” Domination and distributive justice”, southern political science association, 2009.
- McCammon, C, “Domination”, Stanford encyclopedia of philosophy.
- Rothschild, J,” Ethno Politics: A Conceptual Framework”, Columbia University Press, 1978.
- Salehi, Hadi & Nikpay, A," Legal Recognition Of Minorities in Minority Group In Ayelet Shachars` Opinion", Legal Researche Quarterly, 2018. (in Persian)
- Shapiro, I, “On non_domination”, UNIVERSITY OF TORONTO LAW JOURNAL,
- Song, S, “Multiculturalism”, Stanford encyclopedia of philosophy, 2010.
- Taylor, C, “the Politics of Recognition”, in Multiculturalism: Examining the Politics of Recognition, A. Gutmann (ed.), Princeton: Princeton University Press, pp. 25–73.
Thesis
- Salehi, Hadi, "Genealogy of legal Recognition Of Minorities", Shahid Beheshti University, 2018. (in Persian)
Case
- Ivan Kitok v. Sweden, Communication No. 197/1985, CCPR/C/33/D/197/1985 (1988).
Website
https://www.thecanadianencyclopedia.ca/en/article/reserves-in-canada-plain-language-summary/
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