Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-v5vhk Total loading time: 0 Render date: 2024-06-27T21:41:01.997Z Has data issue: false hasContentIssue false

5 - Commentary on Wisconsin v. Yoder

Published online by Cambridge University Press:  08 July 2020

Rachel Rebouché
Affiliation:
Temple University, Philadelphia
Get access

Summary

I write this commentary from the perspective of a political philosopher rather than that of a constitutional lawyer. Political philosophers and legal theorists struggle with questions regarding the limits of multicultural toleration in the liberal state, questions that are worked out in practice in the context of legal disputes over constitutional principles. Questions about the competing interests of individuals, cultural minority groups and the state are put into sharp relief in controversies over the ways in which children are educated. The Yoder case has been taken up by many political theorists as an ideal lens through which to explore these issues. However, I will argue that some of the unique features of Amish culture, the location of the Amish in the American imagination, and the facts of this particular case may shape its relevance for a broader class of cases. One key factor that is often overlooked is the differentiated impact that gender norms in the Amish community have on the opportunities of boys and girls. Justice Murray provides a corrective to this lacuna in both the original judgment and philosophical consideration of it, delineating the limits of the reproduction of Amish patriarchy at the heart of her rewritten opinion.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×