Personal Autonomy in Plural Societies

This volume explores personal autonomy within contemporary normative pluralism, examining the complexities of legal recognition and cultural differences, while analyzing the challenges of implementing autonomy in diverse societal contexts.

Personal Autonomy in Plural Societies explores the complexities of exercising personal autonomy within the framework of contemporary normative pluralism. The book develops an interdisciplinary conceptual framework that examines the discrepancies between the principle of personal autonomy and its practical application. It highlights the challenges faced in recognizing personal autonomy as a legal basis for individuals to exercise their freedom, especially when such choices may conflict with widely accepted notions of fundamental human rights.

The text delves into the notion that, while Western liberal traditions uphold the right to personal autonomy, the reality of legal plurality complicates this ideal. Different cultures prioritize personal autonomy in varying degrees, which influences the legal implications of individual actions. In societies characterized by 'weak pluralism', the dominant majority often shapes the legal interpretation of personal autonomy, potentially sidelining minority perspectives and rights.

By addressing these issues, the book critically examines the so-called 'guardian function' of human rights, which aims to protect vulnerable groups by imposing restrictions on their autonomy in the name of principles like gender equality and fair trial rights. The authors argue for a nuanced understanding of autonomy that considers the diverse cultural contexts in which it operates. Ultimately, Personal Autonomy in Plural Societies raises important questions about the conditions necessary for personal autonomy to retain its significance in a pluralistic legal landscape.