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Table of Contents
Acknowledgments
1. Introduction
The problem of internal minorities
Reframing the debate
Justice and the claims of culture
Outline of the book
pt. 1
2. The concept of culture in political theory
Culture as an "irreducibly social good"
Culture as a "primary good"
The structure of identity
The constructivist challenge
3. Justice and multiculturalism : an egalitarian argument for cultural accommodation
Why equality?
Rights-respecting accommodationism
Present discrimination
Historical injustice
State establishment of culture
The role of deliberation
pt. 2
4 . The "cultural defense" in American criminal law
"Marriage by capture" and the law of rape
"Wife murder" and the doctrine of provocation
A qualified defense of the "cultural defense"
Potential boomerang effects
Conclusion
5. Tribal sovereignty and the Santa Clara Pueblo case
Tribal sovereignty and the gendered rules of tribal membership
The state's role in the politics of tradition formation
Intercultural congruence and the accommodation of tribal practices
The limits of tribal sovereignty
6. Polygamy in America
The rise and fall of Mormon polygamy
The antipolygamy movement and the diversionary effect
Mormon polygamy today
A case for qualified recognition
Conclusion
7. Epilogue
References
Index.
1. Introduction
The problem of internal minorities
Reframing the debate
Justice and the claims of culture
Outline of the book
pt. 1
2. The concept of culture in political theory
Culture as an "irreducibly social good"
Culture as a "primary good"
The structure of identity
The constructivist challenge
3. Justice and multiculturalism : an egalitarian argument for cultural accommodation
Why equality?
Rights-respecting accommodationism
Present discrimination
Historical injustice
State establishment of culture
The role of deliberation
pt. 2
4 . The "cultural defense" in American criminal law
"Marriage by capture" and the law of rape
"Wife murder" and the doctrine of provocation
A qualified defense of the "cultural defense"
Potential boomerang effects
Conclusion
5. Tribal sovereignty and the Santa Clara Pueblo case
Tribal sovereignty and the gendered rules of tribal membership
The state's role in the politics of tradition formation
Intercultural congruence and the accommodation of tribal practices
The limits of tribal sovereignty
6. Polygamy in America
The rise and fall of Mormon polygamy
The antipolygamy movement and the diversionary effect
Mormon polygamy today
A case for qualified recognition
Conclusion
7. Epilogue
References
Index.