Challenging Inequity
“Public Interest,” Judicial Reasoning, and Violence of the Law: Constructing Boundaries of the “Morally Acceptable”
Paper Presentation in a Themed Session Alexandra Orlova
Constitutional courts have a major role to play in not only defining such concepts as “public interest” and “public harm” but also in contributing to the process of shaping society’s perceptions of acceptable boundaries of citizenship and defining which individuals and actions should be left outside the scope of the “morally acceptable.” In other words, constitutional courts are at the forefront of determining the extent to which the “plurality of values” can be accommodated in a democratic society, which interests take precedence, and under what circumstances. This paper examines the uncertain boundaries of “public interest” and the place of equality in regards to gay students within varying educational contexts. Through the examination of Trinity Western University case law, this paper examines the capacity of judicial reasoning to either perpetuate violence or to find, identify and “transform the sources and effects of violence,” while recognizing the intersectionality of inequalities.
Multiculturalism in Islamic Boarding Schools: A Case Study of the Islamic Boarding School of Darul Istiqamah Maccopa, South Sulawesi Indonesia
Paper Presentation in a Themed Session Muhaemin Latief
This research elaborates on how Islamic boarding schools (so-called pesantren) contend with multiculturalism and how they dealt with it. This research relies on qualitative research by conducting interviews either in focus group discussion or in in-depth interviews. Moreover, the researcher also conducted direct observation concerning the multicultural life of pesantrens. This study was conducted in Pesantren Darul Istiqamah, Maros, Indonesia, representing a traditional pesantren in South Sulawesi. The research subjects were teachers, students, and Kyai (religious leaders) of the pesantren. The data are analysed systematically through qualitative approach. Then, the findings suggest that pesantrens have their own understanding regarding multiculturalism. Their understanding was mainly gathered from the holy Koran without learning from western perspectives. They believe that human beings are created on the basis of difference, so people should appreciate one another. The differences related to language, race, and religion were the must. These concepts had been implemented in the pesantren's curricula. The curricula were very inclusive and more opened to any difference. There was no enforcement from pesantren management to just learn from a specific sect. In addition, the expanding networks of the pesantren is also inclusive. They had already collaborated with different organizations in relation to development of pesantren management. Another aspect that might be considered is its vision of leadership which was widely opened. The leaders (kyais) are involved in multicultural campaigns, such as seminars, workshops, bench markings. They perceived that the progress of pesantrens strongly depended on the way kyai dealt with contemporary issues, including multiculturalism.
