Law and Multiculturalism (LAW382H1S)

All over the world, arguments over the recognition that ought to be afforded to religious faiths and practices has risen to the forefront of public debate. This course will explore whether, when, how, based on what criteria, and within what limits, the law can and should recognize identity-based claims for multicultural accommodation, inclusion in, or insulation from the purview of the state’s legal ordering. Informed by contemporary debates in political and legal theory, as well as Canadian law and comparative legal practice, the course will identify the core dilemmas of citizenship and identity raised by such claims. Specific topics that will be explored in the course include: the regulation of the family, the separation of church and state, private arbitration tribunals, ethical pluralism in public schools, the cultural turn in citizenship and immigration, sentencing circles in criminal law, religious dress codes, medical decisions concerning children, and the relevance of identity-based considerations in custody and adoption determination. The final part of the course will explore new legal-institutional designs aimed at reducing tensions between the recognition of cultural diversity and the protection of individual rights.