Frank Lovett's Theory on the Legal Recognition of Minorities; A Paradigm Revolution or a Critical Reading?

Salehi, Hadi; Razi Jouibari, Amin

doi:10.48308/eclr.2024.236873.1079

Frank Lovett's Theory on the Legal Recognition of Minorities; A Paradigm Revolution or a Critical Reading?

Document Type : Original Article

Authors

Hadi Salehi ¹

Amin Razi Jouibari ²

¹ Assistant Professor of Public Law at Shiraz University

² Graduate of Public Law at Shiraz University

https://doi.org/10.48308/eclr.2024.236873.1079

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

Recognition

Minorities

Legal Recognition of Minorities

Multiculturalism

Freedom from Domination

References

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Website

https://www.thecanadianencyclopedia.ca/en/article/reserves-in-canada-plain-language-summary/