The Theory of Freedom from Domination in Legal Recognition of Minorities

Articles in Press

Document Type : Original Article

Authors

1 Assistant Professor of Public Law at Shiraz University

2 Graduate of Public Law at Shiraz University

Abstract

The discourse of multiculturalism, originating within liberal-democratic societies, has encountered substantial challenges, serving as instructive lessons for other societal contexts. One of the foremost challenges within multiculturalism pertains to navigating groups whose intragroup norms directly oppose prevailing legal norms or are morally contentious. This intricacy is particularly evident when discussing the legal acknowledgment of minorities within Iran's pluralistic landscape, where sensitivities are heightened, and the dominant group may be disinclined to relinquish its normative position for the benefit of minority cohorts. Exploring the conflicts inherent in multiculturalism discourse concerning this matter enriches our comprehension and equips us with the necessary foresight to address analogous challenges on the domestic front. Frank Lovett's seminal work, which examines the intersection of legal recognition of minorities and the theory of freedom from domination, introduces a novel perspective to the discourse. In this article, we undertake an exploration of the foundational principles of legal recognition of minorities, meticulously dissect Lovett's approach, and evaluate its ramifications on both regulatory frameworks and judicial procedures. Through this comprehensive examination, we aim to shed light on the complexities inherent in multiculturalism and provide insights for navigating these complexities in diverse societal contexts.

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Main Subjects

Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 12 May 2024

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History

  • Receive Date: 13 February 2024
  • Revise Date: 20 April 2024
  • Accept Date: 12 May 2024

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