Are Cultural Group Rights against Individual Rights?
| Abstract | This paper focuses on the nature of cultural group rights in relation to individual rights. The recent liberal acceptance that minority cultures should have a collective power over their cultural matters has been challenged by other liberals on the grounds that cultural rights as group rights cannot be reconciled with the basic moral and political principles of liberalism which are derived from individual liberties and rights. Through tackling some liberal arguments against group rights, we reject the view that regards group rights as normatively and practically incompatible with individual rights, and argue that group rights can be defended and justified on the ground that the interests and values protected through them are the shared interests and values of individuals. Thus, whether they are exercised individually or collectively, justifications of all group rights are derived from the interests and values that individuals have as members of the group. Like any other rights, cultural group rights also have some limitations. That is, the rights of a group to preserve its culture are limited by individual human rights, the rights of other relevant groups and the state | |||||||||
| Keywords | No keywords specified (fix it) | |||||||||
| Categories | ||||||||||
| Options |
|
|||||||||
| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,875 |
| External links |
|
| Through your library | Configure |
Rachael Briggs (2012). The Normative Standing of Group Agents. Episteme 9 (3):283-291.
Martha Nussbaum (2003). The Complexity of Groups: A Comment on Jorge Valadez. Philosophy and Social Criticism 29 (1):57-69.
Kwame Anthony Appiah (2011). “Group Rights” and Racial Affirmative Action. Journal of Ethics 15 (3):265-280.
Suzy Killmister (2011). Group-Differentiated Rights and the Problem of Membership. Social Theory and Practice 37 (2):227-255.
E. Glen Weyl (2009). Whose Rights? A Critique of Individual Agency as the Basis of Rights. Politics, Philosophy and Economics 8 (2):139-171.
Seumas Miller (2000). Collective Rights and Minority Rights. International Journal of Applied Philosophy 14 (2):241-257.
Michael Freeman (2002). Past Wrongs and Liberal Justice. Ethical Theory and Moral Practice 5 (2):201-220.
Jeff Spinner‐Halev (2001). The Universal Pretensions of Cultural Rights Arguments. Critical Review of International Social and Political Philosophy 4 (2):1-25.
Sharon Anderson-Gold (2007). Human Rights, Cultural Identity, and Democracy. Social Philosophy Today 23:57-68.
Eerik Lagerspetz (1998). On Language Rights. Ethical Theory and Moral Practice 1 (2):181-199.
Fred Evans (2011). 9/11. Journal of Philosophy: A Cross-Disciplinary Inquiry 6 (14):1-15.
James Morauta (2002). Rights and Participatory Goods. Oxford Journal of Legal Studies 22 (1):91-113.
Donald V. Poochigain (2007). Human Nature and Human Rights. The Proceedings of the Twenty-First World Congress of Philosophy 3:131-135.
Monthly downloads |
Added to index2011-12-02Total downloads7 ( #134,900 of 556,837 )Recent downloads (6 months)1 ( #64,847 of 556,837 )How can I increase my downloads? |

