The article introduces a special issue on “Rethinking Liberal Multiculturalism: Foundations, Practices and Methodologies.” The contributions presented in this special issue were discussed during the conference « Multicultural Citizenship 25 Years Later », held in Paris in November 2021. Their aim is to take stock of the legacy of Kymlicka’s contribution and to highlight new developments in theories of liberal multiculturalism and minority rights. The contributions do not purport to challenge the legitimacy of theories of multiculturalism and minority rights, they (...) rather aim at deepening our understanding of the foundations of liberal multiculturalism and of its practical implementation, sensitive to social scientific dynamics of diverse societies. Without abandoning the general idea that cultural minorities should be granted special minority rights, the essays presented raise new questions about three dimensions central to liberal multiculturalism: its normative foundations, its practical categories of minorities or groups, and its fact-sensitive methodology. Taken together they shed light on the renewed variety of theories of liberal multiculturalism highlighting their complexity and internal disagreements. To introduce these articles, the article first draws a brief historical overview of the debates on multiculturalism since the 1990s (section 1). It then highlights the distinctive aspects of Kymlicka’s contribution (section 2) and identifies recent research trends (section 3). Doing so, it explains how the articles gathered here both expand on those distinctive aspects and explore those new research avenues. The section 4 summarizes the contributions. (shrink)

In medical ethics, business ethics, and some branches of political philosophy (multi-culturalism, issues of just allocation, and equitable distribution) the literature increasingly combines insights from ethics and the social sciences. Some authors in medical ethics even speak of a new phase in the history of ethics, hailing "empirical ethics" as a logical next step in the development of practical ethics after the turn to "applied ethics." The name empirical ethics is ill-chosen because of its associations with "descriptive ethics." Unlike descriptive (...) ethics, however, empirical ethics aims to be both descriptive and normative. The first question on which I focus is what kind of empirical research is used by empirical ethics and for which purposes. I argue that the ultimate aim of all empirical ethics is to improve the context-sensitivity of ethics. The second question is whether empirical ethics is essentially connected with specific positions in meta-ethics. I show that in some kinds of meta-ethical theories, which I categorize as broad contextualist theories, there is an intrinsic need for connecting normative ethics with empirical social research. But context-sensitivity is a goal that can be aimed for from any meta-ethical position. (shrink)

Researchers have explored questions concerning public participation and consent in geoengineering governance. Yet, the notion of consent has received little attention from researchers, and it is rarely discussed explicitly, despite being prescribed as a normative requirement for geoengineering research and being used in rejecting some geoengineering options. As it is noted in the leading geoengineering governance principles, i.e. the Oxford Principles, there are different conceptions of consent; the idea of consent ought to be unpacked more carefully if, and when, we (...) invoke it in the discussion. This article offers a theoretical reflection on different conceptions of consent and their place in geoengineering governance. More specifically, I discuss three models of consent, i.e. explicit consent, implied consent and hypothetical consent, and assess their applicability to geoengineering governance. Although there are different models of consent, much discussion of geoengineering governance has committed only to explicit consent. I note that such a commitment springs from a specific ideal political order. Accordingly, we should be wary of any naïve commitment to it so long as the political order we hope for remains open to debate. Finally, I illustrate two approaches to introduce consent into a geoengineering governance framework. (shrink)

This article illuminates the relationship between John Rawls' and Michael Walzer's accounts of non-domestic justice by tracing its connection to their domestic relationship. More precisely, it places the celebrated positional shifts that characterize the latter within the context of the fundamental justificatory tension between their projects which endures: reason vs trust; and then juxtaposes this justificatory tension and their non-domestic political prescriptions. Such contextualization is important to the clarification of the pair's non-domestic relationship since it enables the observation that despite (...) this enduring justificatory tension these political prescriptions are remarkably similar. (shrink)

This paper explores the potential of a contextual approach to multicultural conflict. It reconstructs two cases that were hotly debated in the Netherlands—Islamic headscarves for police officers and for court officers—and asks whether a contextual approach reaches compromises and thus promotes social stability more easily than a deductive approach. The argument is that a deductive approach accepts standing interpretations of normative principles, whereas a contextual approach reinterprets these principles in the light of the circumstances and that, whether or not it (...) promotes social stability, a contextual approach makes us attend to otherwise neglected perspectives and thus yields greater normative insights. (shrink)

Contextualist moral philosophers criticise hands-off liberal theories of justice for abstracting from the cultural context in which people make choices. Will Kymlicka and Joseph Carens, for example, demonstrate that these theories are disadvantageous to cultural minorities who want to pursue their own way of life. I argue that Pierre Bourdieu's critique of moral reason radicalises contextualist moral philosophy by giving it a sociological turn. In Bourdieu's view it is not enough to provide marginalised groups or subgroups with equal access to (...) public institutions and specific cultural rights—in some cases this may in fact be detrimental. He contends that scientists, politicians and other intellectuals have a duty to take seriously the social presuppositions of free deliberate choice and public opinion and to support cultural minorities with instruments to liberate themselves from their often precarious situation. (shrink)

In this paper, I argue that one approach to normative political theory, namely contextualism, can benefit from a specific kind of historical inquiry, namely genealogy, because the latter provides a solution to a deep-seated problem for the former. This problem consists in a lack of critical distance and originates from the justificatory role that contextualist approaches attribute to contextual facts. I compare two approaches to genealogical reconstruction, namely the historiographical method pioneered by Foucault and the hybrid method of pragmatic genealogy (...) as practiced by Bernard Williams, arguing that they both ensure an increase in critical distance while preserving contextualism’s distinctiveness. I also show, however, that only the latter provides normative action-guidance and can thus assist the contextualist theorist in the crucial task of discerning how far certain contextual facts deserve their justificatory role. I prove this point by showing how a pragmatic genealogy of the practice of punishment can inform the contextualist’s reflection about the role this practice should play in a transitional scenario, i.e. in the set of circumstances societies go through in the aftermath of large-scale violence and human rights violations. (shrink)

This article focuses on public debates and public policy on the Islamic headscarf in the Netherlands and Germany. In the Netherlands the Islamic headscarf meets with an accommodating policy reaction, while in Germany some eight federal states have introduced legislation to ban the headscarf. This difference is explained, so I argue, by national differences in citizenship traditions. While the Netherlands represents a multicultural model, Germany used to be the paradigmatic example of an ethno‐cultural model of citizenship. Yet, the reaction of (...) the German left to the headscarf, while often non‐accommodating, is very differently inspired by German history than that of the right. A commonality is that in both countries the issue is framed as a conflict between public neutrality and religious freedom, not gender equality. An effect of the focus in the debate on neutrality is that it obscures the agency of Islamic women and the gender dynamics in Islamic communities. (shrink)

Defenders of multiculturalism have been recently criticized for failing to address gender inequality in minority cultures. Multiculturalism would seem incompatible with a commitment to feminism. This article discusses two empirical cases that pose a problem for public policy in the Netherlands: a conflict over wearing headscarves and requests for surgical hymen repair. These cases evoke widespread public controversy, in part because they are presumed to express or accommodate traditions in violation of women's rights and thus raise the question of tolerance. (...) While recognizing the potential discrepancies between feminism and multiculturalism, the author argues that committed feminists can be multiculturalists as well, and that good feminism might well require acts of multiculturalism. In addition, she advocates a contextual approach to tolerance. Her argument is that general justice arguments are too indeterminate to make for good judgement in concrete cases. The national political culture and institutional setting in which multicultural conflicts take place should be considered as morally relevant factors and co-determine our moral considerations. The dispute over feminism and multiculturalism cannot be settled in abstracto. Using a contextual approach, the author argues that wearing a headscarf and hymen repair are justifiable and consonant with feminist concerns in the Dutch educational and medical contexts. (shrink)

Political theorists, increasingly, are realizing the virtues of contextuality to conceptual analysis. Just as theory may provide useful standards for the assessment of political practices, so may application of theoretical constructs within particular contexts provide a critical corrective to theory. This essay relates work undertaken within sociolegal studies applying a constitutive methodology to such efforts to contextualize political theorizing. The essay describes how the emphasis placed by constitutive theory on locality and meaning entails a contextual analysis. The essay then demonstrates (...) how a constitutive and contextual approach can enhance our understanding of the moral issues surrounding differentiated citizenship policy. While the most obvious cost associated with differentiated citizenship policy is a loss in formal equality, a contextual assessment demonstrates the prospect of an even deeper, though ultimately contingent, moral loss in self-invention. (shrink)

Raphael Cohen-Almagor’s Just, Reasonable Multiculturalism offers a different way of approaching multiculturalism from the systematic theoretical treatments that anchor the literature. While strongly committed to liberal democratic values, it presents not so much a theory or moral argument justifying minority or majority cultural rights as a set of values and principles for adjudicating controversial cases and oft-heard arguments against multicultural accommodation. After noting distinctive features of the approach, I discuss three areas of tension in the analysis. First, between its appeals (...) to Rawlsian justice and state neutrality and its support of state multiculturalism. Second, between its stated theoretical principles and its adjudication of some cases. Third, regarding how we think about a state’s entanglement with culture and, specifically, whether that should be in terms of an incomplete liberal neutrality, liberal perfectionism, or liberal nationalism. I suggest that as helpful as Cohen-Almagor’s liberal-democratic guidelines are, there remain some contextual factors which are no less important in justly responding to the pointy end of multiculturalism. (shrink)

Many existing defenses of group rights seem to rely on the notion of group freedom. To date, however, no adequate analysis of this notion has been offered. Group freedom is best understood in terms of processes of social categorization that are embedded in social mechanisms. Such processes often give rise to group-specific constraints and enablements. On the proposed social mechanism account, group rights are demands for group freedom. Even so, group rights often serve to eradicate individual unfreedom. Furthermore, generic measures (...) sometimes provide the most appropriate solution to a problem of group unfreedom. (shrink)

In this appeal the House of Lords held that a school’s refusal to change its school uniform rules to accommodate the religious beliefs of one of its pupils did not constitute an interference with freedom of religion and the right to an education. This note asks whether the House of Lords by framing the issue as a matter of individual choice and informed consent may have underestimated the potential for social harm inflicted by a school’s unwillingness to accommodate certain types (...) of religious beliefs where it has already adapted its school uniform rules for others. (shrink)

As a step towards a systematic comparative evaluation of the fairness of different language policies, a rationale is presented for the design of an index of linguistic justice based on public policy analysis. The approach taken is to define a ‘minimum threshold of linguistic justice’ with respect to government language policy in three domains: law and order, public administration, and essential services. A hypothetical situation of pure equality and freedom in the choice of language used by all members of society (...) in communicating with the state is used as a theoretical benchmark to study the distributive effects of policy alternatives. Departures from this standard incur lower scores. Indicators are chosen to assess effective access to three kinds of language rights: toleration (the lack of state interference in private language choices), accommodation (accessibility of public services in different languages), and compensation (symbolic and practical recognition of languages outside the dominant one). In order to take account of the cost-benefit trade-offs involved in providing language-related goods to language groups of varying sizes, a method is adopted for weighting scores with respect to compensation rights so that lack of recognition for larger groups incurs greater penalties, while factoring in the particular characteristics of each language-related good. A trial set of ten indicators illustrates the compromises entailed in balancing theoretical rigour with empirical feasibility. (shrink)

Resumen: En este ensayo desarrollo una crítica al modelo de justicia multicultural de Will Kymlicka, con el propósito de establecer las bases para el desarrollo de un multiculturalismo crítico. El argumento se ordena de la siguiente forma. En la primera sección analizo la teoría de los derechos especiales de Kymlicka e identifico el valor liberal central al que estos responden, la autonomía individual. En la segunda sección examino el fundamento igualitarista de la suerte de su teoría de los derechos especiales. (...) En la tercera sección elaboro una crítica general a la justicia multicultural liberal desarrollando un argumento para politizar los reclamos de los pueblos indígenas para el acceso a su cultura. Argumento que el trato justo de las minorías indígenas requiere reconocer su autodeterminación política.: In this essay I develop a critique of Will Kymlicka’s model of multicultural justice, with the purpose of laying down the foundations for a critical multiculturalism. The argument is ordered in the following way. In the first section I analyse Kymlicka’s theory of special rights and identify the central liberal value to which they respond: individual autonomy. In the second section I examine the luck egalitarian foundations of Kymlicka’s theory of special rights. In the third section, I elaborate a general critique to liberal multicultural justice, developing an argument to politicize the claims of indigenous peoples to access to their culture. Basically I argue that the just treatment of indigenous minorities requires recognizing their political self-determination. (shrink)

A citizen is a member of a political community who enjoys the rights and assumes the duties of membership. This broad definition is discernible, with minor variations, in the works of contemporary authors as well as in the entry “citoyen” in Diderot's and d'Alembert's Encyclopédie..

Most political philosophers are reluctant to treat cultural rights as basic. Instead, the predominant view is that cultural interests are only important derivatively, in virtue of their contribution to some other interest. In this chapter I argue that political philosophers ought to follow international human rights norms regarding the importance of culture. Not only do international human rights courts and committees come to the right conclusion about the significance of culture, but, as importantly, they come to this conclusion because they (...) think about what cultural rights protect inthe right way. Contemporary political philosophers prefer to treat cultural rights as derivative in part because they tend to treat culture as a “resource” or a “good,” but this is a mistake. Cultural rights are better understood as protecting and promoting an activity. Respecting and promoting cultural participation is a constitutive element of showing respect for human dignity because, like free expression, political participation, and freedom of conscience, cultural participation is something persons do as part of making a life for themselves. (shrink)

Multiculturalism has become a hot topic in political philosophy. This thesis investigates the philosophical foundations of multicultural theories through examining the key concepts commonly relied upon. A careful examination of each concept and the way in which they are interconnected, reveals an interesting strategy that the multiculturalist employs. It is my contention that the multiculturalist relies on a complex web of nebulous concepts which fools the reader into thinking that their theory rests on strong foundations. However, when we clear away (...) the fog of confusion, we can see that the multiculturalist has presented us with an illusion, and none of the concepts remain strong enough to hold any of the normative weight they need them to. Multiculturalism relies on grandiloquent rhetoric and muddled thinking, and will ultimately fail to achieve the liberal goals it purports to. (shrink)

Despite being fundamental to democracy, the normative concept of the people, i.e. the demos, is highly unclear. This article clarifies the legitimacy of the demos’ boundaries by structuring the debate into three strains of justification: first, normative membership principles; second, its democratic functionality and the necessity of cohesion for this essential function; and third, a procedural understanding of the demos. It will be shown that normative principles can only justify its expansion towards the ideal of an unbounded demos. On the (...) other hand, the democratic function of the demos can be understood as a criterion for its restriction. This, however, is only possible on the basis of an existing polity and not for the initial constitution of the demos. Consequently, a legitimate demos has to take both inclusionary and exclusionary tendencies into account. These tendencies need to be weighed against each other in the democratic process, which leads to a fundamentally procedural understanding of the legitimacy of the demos. (shrink)