Culture in law and development : nurturing positive change için kapak resmi
Başlık:
Culture in law and development : nurturing positive change
Yazar:
Cao, Lan, 1961- author.
ISBN:
9780199915231
Yazar Ek Girişi:
Fiziksel Tanımlama:
xi, 533 pages ; 25 cm
İçerik:
A brief history of law and development and the emerging new framework -- Culture and international law -- Law and development, culture and development -- International law norms -- To change a culture -- A normative defense of culture change.
Özet:
The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the world’s population safer, more equitable, and more conducive to each person’s acquisition of basic material needs. Starting in the sixties, some scholars and activists challenged this assumption with “cultural relativism, ” which favors local cultural traditions over international human rights norms. Scholars tried to create a middle-ground between universalism and relativism, whereby the most egregious violations would be prevented through assimilating jus cogens norms into existing cultural traditions. Such efforts largely failed. This book presents a new solution to this seemingly intractable problem by changing culture through law and development. This book demonstrates how the gradual expansion of development norms provides a model for changing culture in ways that protect and advance local populations. This book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor and other marginal groups should be changed. Some antidevelopment norms fall within a human rights framework, such as female genital mutilation. Others, such as denying girls access to basic education, straddle both human rights and law and development traditions. Others fit within a market-oriented view of law and development. The book reveals how culture change can succeed while nonviolative local traditions are otherwise honored and preserved. Cultural change does not have to constitute cultural disrespect and local societies benefit by a careful combination of externally wrought change and internally fostered tradition.
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Demirbaş
Yer Numarası
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Kitap EKOBKN0000857 340.115 CAO 2016
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