The question of why group-differentiated rights might be a requirement of justice has been a central focus of identity politics in recent decades. I attempt to bring some clarity to this discussion by proposing a typology to track the various ways in which individuals can be harmed or benefited as a consequence of their membership in social groups. It is the well-being of individuals that group-differentiated rights should be understood as protecting, and so clarity on the relationship between group membership (...) and well-being is vital. One of the problems with the way in which such justifications have often been formulated in the past has been that they inadvertently position the group as a handicap to be overcome, rather than a value to be protected. I seek to overcome this limitation by clearly specifying the circumstances under which group membership is a liability, and the circumstances under which it has value. While this distinction is important, in both cases there is a relevant interest at stake, and thus the groundwork can be laid for a defence of group-differentiated rights. (shrink)

Justifications of group-differentiated rights commonly overlook a crucial practical consideration: if rights are to be allocated on the basis of group membership, how should we determine which individuals belong to which group? Assuming that social identities are fixed and transparent runs the risk of creating further injustices, whilst acknowledging that social groups are porous and heterogeneous runs the risk of rendering group-differentiated rights impracticable. In this paper, I develop a schema for determining group membership which avoids both horns of this (...) dilemma. (shrink)

This article starts by setting out the evaluative criteria provided by Will Kymlicka's liberal account of individual freedom and equality. Kymlicka's theory of cultural minority rights is then analysed using these criteria and found to be defective in two respects. First, his assignment of different rights to national and ethnic groups is shown to be inegalitarian with regard to generations after the first. Second, his recommendation of strong cultural protections is shown in some circumstances to undermine freedom and equality. Towards (...) the end of the article a policy of gradual and inclusive assimilation is described that may effectively promote the freedom and opportunities of members of cultural minorities. In conclusion, group-specific rights may, as Kymlicka says, be justified in liberal terms, but only where they differ in content from those he proposes. (shrink)

The philosophical tradition of liberal political thought has come to see tolerance as a crucial element of a liberal political order. However, while much has been made of the value of tolerance, little work has been done on individual-level motivations for tolerant behavior. In this paper, we seek to develop an account of rational motivations to tolerant behavior, and where the limits of tolerance lie. We first present a very simple model of rational motivations for tolerance. Key to this model (...) is an application of David Ricardo’s model of trade to thinking about tolerance. This model supports the claim that we always have reasons to be as tolerant as possible. We then explore why we do not always see tolerant attitudes in the actual world, and point to some potential preconditions for tolerance that the initial model does not capture. Subsequently, we examine a more detailed model that allows us to more carefully investigate the conditions under which tolerant behavior can be rewarded. We conclude by arguing that a consideration of self-interested motivations for tolerance is essential to the success of a robust theory of tolerance for a diverse society, but that even this approach has its limitations. (shrink)

The aim of this article is to present a conceptualization of cultural groups and cultural difference that provides a middle course between the Scylla of essentialism and the Charybdis of reductionism. The method I employ is the social mechanism approach. I argue that cultural groups and cultural difference should be understood as the result of cognitive and social processes of categorization. I describe two such processes in particular: categorization by others and self- categorization. Categorization by others is caused by processes (...) of ascription: the attribution by outsiders of certain characteristics, beliefs, and practices to indi- viduals who share a specific attribute. Self-categorization is caused by processes of inscription and community-building: the adoption of certain beliefs and practices as a result of socialization and enculturation. I therefore shift the focus from groups to categories, and from categories to processes of categorization. I show that this analytical distinction between categorization by others and self-categorization can clarify an ambiguity in dominant debates in contemporary multiculturalism. I conclude by indicating how injustices, commonly associated with multiculturalism, can better be understood as socially generated injustices, and how government should deal with these injustices. (shrink)

This paper provides an interpretation of the licensing provisions envisaged under the Human Fertilisation and Embryology Act 1990 as a model for a rule and exemption-based procedural strategy for the adjudication of potential ethical controversies, and it offers an account of the liberal-democratic legitimacy of the procedure’s outcomes as well as of the legal procedure itself. Drawing on a novel articulation of the distinction between exceptions and exemptions, the paper argues that such a rule and exemption mechanism, while not devoid (...) of attractions, is not immune from the criticisms often levied against procedural approaches to the management of pluralism: it either has to fall back on substantive justification in ways that are not helpful when trying to arbitrate a moral controversy, or it appears justificatorily groundless. (shrink)

What do we talk about when we talk about ethical diversity as a challenge to the normative justifiability of liberal democracy? Many theorists claim that liberal democracy ought to be reformed or rejected for not being sufficiently ‘inclusive’ towards diversity; others argue that, on the contrary, liberalism is desirable because it accommodates (some level of) diversity. Moreover, it has been argued that concern for diversity should lead us to favour (say) neutralistic over perfectionist, universalistic over particularistic, participative over representative versions (...) of liberal democracy. This paper provides a conceptual framework to situate those debates, and argues that there are two fundamental ways in which diversity constitutes a challenge to the justificatory status of liberal democracy: consistency (whereby diversity causes clashes between the prescriptions generated by normative political theories), and adequacy (whereby diversity generates a rift between our experience of what is considered valuable and what the theory treats as such). (shrink)