The complexity of groups: A comment on Jorge Valadez

Philosophy & Social Criticism

Volumn 29, Issue 1, 2003, Pages 57-69

  Nussbaum, Martha C ^a  

^a UNIVERSITY OF CHICAGO   (United States)

Author keywords

group rights; identity; race; Valadez; women

Indexed keywords

EID: 34247462577     PISSN: 01914537     EISSN: None     Source Type: Journal    
DOI: 10.1177/0191453703029001833     Document Type: Article

References (19)

1. My own way of handling some of these problems, particularly where they concern religions and the family, is spelled out in Women and Human Development: The Capabilities Approach (Cambridge: Cambridge University Press, 2000).
2. See also my ‘The Future of Feminist Liberalism’, Proceedings and Addresses of the American Philosophical Association 74 (2000): 49–79.
3. Mary Roy is the mother of novelist Arundhati Roy. The family was at that time very poor. The case is Mrs. Mary Roy v. State of Kerala and Others, AIR 1986 SC 1011. For discussion of her case see Bina Agarwal, A Field of One's Own: Gender and Land Rights in South Asia (Cambridge: Cambridge University Press, 1994), pp. 224–6
4. Archana Parashar, Women and Family Law Reform in India: Uniform Civil Code and Gender Equality (Delhi: Sage, 1992), pp. 190–2; and my Women and Human Development, ch. 3.
5. That is, Hindus, Muslims, Parsis, and Christians. Jews have never had a separate legal system, and Sikhs and Buddhists are (problematically) under the Hindu system. For a good description of the system and its evolution, see Parashar, Women and Family Law Reform
6. Indira Jaising (ed.) Justice for Women: Personal Laws, Women's Rights and Law Reform (Mapusa, Goa: the Other India Press, 1996).
7. See Tracey L. Meares and Dan M. Kahan, ‘The Wages of Antiquated Procedural Thinking: a Critique of Chicago v. Morales’, University of Chicago Legal Forum (1998): 197–259
8. Tracey L. Meares and Dan M. Kahan, ‘The Coming Crisis of Criminal Procedure’, Georgetown Law Journal 86 (1998): 1153–84
9. and the symposium ‘Do Rights Handcuff Democracy?’, in which Meares and Kahan wrote the lead article, entitled ‘When Rights Are Wrong’, and eleven prominent legal scholars replied: Boston Review 24 (1999): 4–23.
10. For this reason, the empirical data on which Meares and Kahan base their claim have been strongly attacked: see the response by S. Schulhofer and A. Alschuler in the same 1998 issue of the University of Chicago Legal Forum.
11. Fred Kniss, Disquiet in the Land: Cultural Conflict in American Mennonite Communities (New Brunswick, NJ: Rutgers University Press, 1997).
12. See Ulysses, p. 484, in the Nighttown episode: ‘My beloved subjects, a new era is about to dawn. … Yea, on the word of a Bloom, ye shall ere long enter into the golden city which is to be, the new Bloomusalem in the Nova Hibernia of the future.’ Stage directions now describe the construction of this cosmopolis: ‘It is a colossal edifice, with crystal roof, built in the shape of a huge pork kidney, containing forty thousand rooms. In the course of its extension several buildings and monuments are demolished.’
13. Quoted by Amrita Chhachhi in ‘Identity Politics, Secularism and Women: a South Asian Perspective’, in Forging Identities, ed. Zoya Hasan (Boulder, CO: Westview, 1994), p. 74.
14. See also Hasan, ‘Minority Identity, State Policy and the Political Process,’ in Forging Identities, pp. 59–73: ‘Inevitably, through the Muslim women's Bill, the multiple identities which men and women possess were ignored, as was the distinction between minority and gender identity. Though the issue was one of women's rights, the State only acknowledged an ungendered identity for Muslim women’ (pp. 69–70).
15. Parnell greets Bloom in Nighttown, and Bloom replies: ‘We thank you from our heart, John, for this right royal welcome to green Erin, the promised land of our common ancestors’ (p. 483).
16. See my ‘Judaism and the Love of Reason’, in M. Bower and R. Groenhout (eds) Philosophy, Feminism, and the Demands of Faith (Bloomington, IN: University of Indiana Press, 2003).
17. See K. Anthony Appiah's worries about this in his essay ‘Race, Culture, Identity’, in K. A. Appiah and Amy Gutmann, Color Conscious: The Political Morality of Race (Princeton, NJ: Princeton University Press, 1996), esp. p. 99.
18. And by Meares and Kahan — see their ‘When Rights Are Wrong’.
19. See Agarwal, A Field of One's Own.