Rozličné vize lidství: rozporuplné dědictví „Práva národů“
Variegated visions of humanity: The ambiguous legacy of „The Law of Peoples“
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The author is concerned with the foundations of moral-political questions of intercultural recognition. She poses the question of how we may respect the existence of fundamentally different ontologies and ways of life which must be articulated and acknowledged not only in the context of the constitutions of individual states, but also in the various continental communities and at the level of international law. The author endeavours to develop the conception of „juris generative politics“ of S. Benhabib. Her discussion involves two steps. In the first part she examines the work of J. Rawls in some detail, addressing his example of the Islamic respectable, hierarchical society which he constructs in his The Law of Peoples under the title Kazanistan. In the second part, she compares this theory with the post-colonial „multi-cultural“ situa¬tion in South African society. On the basis of a detailed account of the ethno-cultural and legal-political conflict in this republic, the author attempts to provide support for two mutually-connected theses. Firstly, that, by means of the transculturation of the white minority and the recognition of repressed aboriginal African customs and traditions, a common consensus of society is being created. Secondly, along with this process of mutual recognition there is emerging a resymbolisation and reinterpretation of the basic norms of the constitution itself.
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