What Are Offences to Feelings Really About? A New Regulative Principle for the Multicultural Era.
In recent multicultural conflicts, such as the Danish Muhammad cartoons affair and the religious controversy about having a gay pride parade in the holy city of Jerusalem, religious minority members have argued that certain acts should be prohibited because they offend their religious and cultural f...
| Publicado en: | Oxford Journal of Legal Studies Vol. 30; no. 4; pp. 695 - 724 |
|---|---|
| Autor principal: | |
| Formato: | Artículo |
| Publicado: |
Oxford University Press / USA
Winter2010
|
| Materias: | |
| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=55533179&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 55533179 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 01436503 BJ4 jtl: Oxford Journal of Legal Studies issn: 01436503 maglogo: N pubinfo: dt: Winter2010 vid: 30 iid: 4 pid: 622 pub: Oxford University Press / USA artinfo: ui: 55533179 10.1093/ojls/gqq029 ppf: 695 ppct: 29 formats: fmt: @attributes: type: P size: 172KB tig: atl: What Are Offences to Feelings Really About? A New Regulative Principle for the Multicultural Era. aug: au: Pinto, Meital affil: *Post Doctoral Fellow, the Minerva Center for Human Rights, Faculty of Law, The Hebrew University of Jerusalem; Lecturer, Faculty of Law, The Carmel Academic Center, Haifa. Email: meital.pinto@gmail.com . su: Cultural identity Legal status of minorities Multiculturalism -- Law & legislation Cultural rights Religion & law Liberalism sug: subj: Cultural identity Legal status of minorities Multiculturalism -- Law & legislation Cultural rights Religion & law Liberalism ab: In recent multicultural conflicts, such as the Danish Muhammad cartoons affair and the religious controversy about having a gay pride parade in the holy city of Jerusalem, religious minority members have argued that certain acts should be prohibited because they offend their religious and cultural feelings. According to the orthodox view in current liberal thought, however, there should be no legal protection from mere insult to feelings and sensibilities, as related to sacred religious and cultural values as they may be. In this article I challenge this view. I argue that certain offensive acts ought to be legally regulated and propose a normative principle for their regulation, which is consistent with neutral liberalism. I argue that some claims of offence to feelings boil down to a struggle for equality in the public sphere between competing cultural identities. I conceptualize such claims as claims that purport to protect people’s right in the integrity of their cultural identity. I suggest the vulnerable cultural identity principle, according to which the more vulnerable the social and civic status of one’s cultural identity is, the stronger her claim is from integrity of cultural identity. I argue that this principle avoids the problems of legal moralism and the subjectivity in evaluating painful feelings. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: © 2019 Oxford University Press. item: Oxford Journal of Legal Studies holder: Oxford University Press / USA dt: @attributes: year: 2010 holdings: @attributes: islocal: N |
|---|