Journal Article

The politics and risks of the new legal pluralism in the domain of intimacy

Jean L. Cohen

in International Journal of Constitutional Law

Published on behalf of The New York University School of Law

Volume 10, issue 2, pages 380-397
Published in print March 2012 | ISSN: 1474-2640
Published online March 2012 | e-ISSN: 1474-2659 | DOI: http://dx.doi.org/10.1093/icon/mor071
The politics and risks of the new legal pluralism in the domain of intimacy

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This article offers a critique of the so called “new” legal pluralism within liberal constitutional democracies. It places the concept in historical perspective and analyzes arguments for the “transformative accommodation” of religious diversity in the form of status based legal pluralism in the domain of personal law. The author assesses the flaws of the legal pluralist approach with respect to gender equality and democratic legitimacy. She offers a different model of transformative accommodation that rests on a mix of legal approaches to the problems faced by religious women in constitutional democracies.

Journal Article.  8924 words. 

Subjects: Constitutional and Administrative Law ; UK Politics

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