ABSTRACT

This chapter illustrates a triad of norms that contribute to the author's fresh and expanded perspective on law and diversity and the triad of norms follows on from the global normative groundwork. The triad consists of the norm of heterogeneity, expansive justice and post-coloniality, and they are designed to support law in meeting the challenges of a diversity-conscious justice. The triad of norms proposed here are: heterogeneity, expansive justice, post-colonial and post peoples. Homogenising processes act to exclude, marginalise and even oppress that are labelled as deviants from the dominant norms. In the normative framework it is vital that justice becomes a living concept, with room to grow and change in harmony with the ebb and flow of societies, and to be interpreted according to the specific experiences of diverse groups within the societies. The ability of institutions to navigate their colonial histories is only one-half of this final norms. Diverse communities must also navigate their own personal post-colonial condition.