Luego de la Conquista del Desierto, el Estado argentino impuso su ordenamiento institucional a los miembros sobrevivientes de varias comunidades indígenas. De este modo, sus instituciones fueron desplazadas. Esta es una injusticia histórica cuya reparación, en aquel tiempo, requería la restauración de la vigencia de las instituciones indígenas. Sin embargo, no estamos más en 1885 y muchas circunstancias han cambiado. Muchas personas indígenas y no indígenas viven en las mismas ciudades, tienen intereses en las mismas porciones de tierra, e interactúan (...) entre ellos en innumerables formas. Por lo tanto, debe analizarse si, bajo estas condiciones, los reclamos indígenas por recuperar su soberanía siguen siendo válidos. En este trabajo argumentaré que, debido a cambios en las circunstancias, estos reclamos tienen menos fuerza que en el pasado. Por lo tanto, la injusticia histórica no puede ser reparada del mismo modo que en 1885. No obstante, dada la historia de opresión a la que los indígenas han sido sometidos, el sistema institucional de Argentina tiene que ser reformado de manera tal que su aplicación sobre ellos sea legítima. Propongo tres medidas que contribuyen a conseguir dicho objetivo, a saber, el autogobierno para asuntos internos, la representación en el Senado y el cambio institucional por mayoría simple. -/- After the Conquest of the Desert, the State of Argentina forcibly imposed its institutional system over the surviving members of several indigenous communities. In that way, their institutions were ousted. The reparation of this historical injustice, at that time, required the reversion of the indigenous institutions. However, we are not in 1885 anymore, and several circumstances have changed. Many indigenous and non-indigenous persons live in the same cities, have interests in similar portions of land, and interact with each other in an infinite number of ways. Therefore, it should be assessed whether indigenous claims for their sovereignty to be restored are still valid. In this paper, I argue that, owed to changing circumstances, these claims have less normative force than they had in the past. Therefore, those injustices cannot be redressed in the same way as in 1885. However, I argue that due to the history of oppression indigenous people have suffered, the Argentinian institutional system has to be reformed so that its application over them not being illegitimate. I propose three measures to achieve this aim: self-government over internal affairs, indigenous representatives in the Senate, and institutional change by a simple majority of votes. (shrink)

In this article, we examine how language and linguistic membership might feature in luck egalitarianism, what a luck-egalitarian theory of linguistic justice would look like, and, finally, what the emphasis on language teaches us about the validity of standard luck-egalitarian assumptions. We show that belonging to one language group rather than another is a morally arbitrary feature and that where membership of a specific linguistic group affects individual chances, the effects of such bad brute luck ought to be neutralized on (...) the luck-egalitarian view. We assess two ways of redressing those kinds of unjustified inequalities: the ‘universal language’ option and the ‘linguistic advantages for all’ option. But we also argue, in the second part, that exploring luck egalitarianism through the lens of language exposes some difficulties intrinsic in many existent luck-egalitarian theories. We argue that treating circumstances one identifies with as choices is problematic. In addition, we argue that the linguistic preconditions of both the capacity to be responsible as well the exercise of responsibility complicate the idea of individual responsibility on which most luck-egalitarian theories rely. We conclude by suggesting the need to develop a luck-egalitarian theory of justice which is less reliant on causal features of the distinction between choice and circumstance and which is more sensitive to the idea of collective cooperation as opposed to individual responsibility. (shrink)

Despite liberalism's considerable internal heterogeneity, liberal approaches to the management of ethno‐cultural relations in diverse societies are unified in one respect: they revolve around the implicit assumption that there are three distinct approaches the state can take toward this issue, namely, domination by one cultural group, a politics of recognition, and state neutrality. This articles argues that in the context of an unequal distribution of societal power among ethno‐cultural groups there are, in fact, only two basic state approaches to the (...) management of diversity: privilege and recognition. The liberal idea of state neutrality, instead of representing a third alternative, falls squarely within the privilege approach. State neutrality is a cornerstone of currently predominant strands of liberalism. However, drawing on Walzer's distinction between the two types of liberalism, the article demonstrates that a politics of recognition is not necessarily irreconcilable with liberal tenets. (shrink)

This article presents a normative‐theoretical account of democratic legitimacy that meets the challenge of moral and cultural pluralism in a way that takes the avoidance of oppression and violence to be a fundamental imperative. The discourse‐theoretical perspective of jürgen Habermas reveals that reasoned agreement among citizens is the only alternative to political oppression. Pace Habermas, however, the legitimacy of even basic constitutional principles does not require us to agree with one another for the same reasons. While we can affirm such (...) principles for a wide range of different reasons, the process of achieving reasoned agreements on contentious issues draws us together as citizens in loyalty to a particular, historical set of political institutions. The reasoned commitment to our constitution that we come to share in this ongoing process acts as an identity‐forming bond that allows us to live in peace with deep moral and cultural differences. (shrink)

Kok?Chor Tan argues for a conception of Liberal Cosmopolitanism that seeks to reconcile ideals of global justice and national partiality. I provide two objections to his luck egalitarian model of global justice: first, it fails to provide adequate space for legitimate cultural variation with respect to the understanding of and valuing of natural resources; and second, that its account of ideas of collective responsibility is restricted to a point at which it becomes unrecognizable and inefficacious. I conclude with some reflections (...) on the implications of my analysis for the more general question of whether or how national partiality and global justice can be reconciled. (shrink)

In this paper, I seek to challenge two prevailing views about religious accommodation. The first maintains that religious practices deserve accommodation only if they are regarded as something unchosen on a par with the involuntary circumstances of life people must face. The other view maintains that religious practices are nothing more than preferences but questions the necessity of their accommodation. Against these views, I argue that religious conducts, even on the assumption that they represent voluntary behaviours, deserve in certain circumstances (...) certain kinds of accommodation. They must be understood as one possible expression, along with nonreligious or secular beliefs, of a person's convictions of conscience, which are strong ethical commitments upon which depends the moral integrity of those having such convictions. I demonstrate that the main ground for religious accommodation is the need to protect fairly, through such rights as religious freedom and freedom of conscience, the ethical commitments and conscientious beliefs of all citizens. Finally, against the objection that such a view risks leading to the proliferation of demands for accommodation, I maintain that a deliberative approach to religious accommodation is in a good position to put serious hurdles in the path of unreasonable demands. (shrink)

This article asks how state formation processes informed the normative frameworks of late-Medieval and early-Modern Latin European and Muslim Middle Eastern regimes. The question at hand is not why pre-Modern regimes discriminated against religious minorities (as well as other groups) during the pre-Modern period, but why Western European states consistently engaged in mass expulsions of their non-Christian subjects from the late thirteenth century onward and the neighboring states of the Middle East did not. Rather than addressing these peculiar policies as (...) a function of religion, culture, or law the article adopts a comparative, contextual method. With the aid of Charles Tilly’s theoretical perspectives it isolates critical variables in pre-Modern Middle Eastern state formation. These variables are then used to shed light on the circumstances and relationships that led to Latin Europe’s mass expulsions of Jews and Muslims between 1290 and 1614. (shrink)

When assessing North American students' oral participation in classes, should all students be subject to the same evaluation criteria or should teachers make reasonable allowances for Asian students practicing humility? How do we weigh the promotion of 'courage' through character education initiatives with traditional Asian dispositions? Viewing Asian humility in Western classrooms and as it rubs up against liberal principles of equality or justice, and a virtue ethic raises a number of philosophical questions around authenticity, polyvalence, and relativity. I approach (...) first through the lens of liberal philosophy as the 'dilemma of diversity' meets a boundary with communitarianism, and then through the contextualist lenses of Wittgenstein, Heidegger, and Foucault. Drawing on Tully's political philosophy, I inspect humility as embedded in language-games and then open it to revision through comparative history, inviting participants in the teacher's game of assessment to renegotiate the rules: a process complicated by their reticence to speak up. I also use Medina and Scheman's political reading of Wittgenstein to discuss how teachers can discern humility as performative silence within the classroom, distinguishing between genealogical accounts that show how comportments could be otherwise from perspicuous inspection of interconnected language-games in current educational settings. (shrink)

According to the ‘fragmentation objection’ to multiculturalism, practices of cultural recognition undermine political stability, and this counts as a reason to be sceptical about the public recognition of minority cultures, as well as about multiculturalism construed more broadly as a public policy. Civic education programmes, designed to promote autonomy, toleration and patriotism, have been justified as a corrective to the fragmentary tendencies of multiculturalism. This paper distinguishes between two versions of the fragmentation objection, in order to evaluate this particular justification (...) of civic education. The cultural fragmentation version of the objection emphasises the importance of a common identity and a shared sense of belonging for political stability, whilst the value fragmentation version of the objection emphasises the importance of shared values for political stability. It is argued that neither version of the objection successfully demonstrates that multiculturalism is incompatible with political stability. However, narrow versions of each objection provide reasons to favour the promotion of toleration in public schooling, and reasons to be sceptical about the promotion of patriotism. Meanwhile, justifications of the cultivation of autonomy must appeal to values other than political stability. (shrink)

This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...) theories of justice. Following this, in the longest section, we highlight major questions about justice that have drawn the attention of philosophers, and indicate how competing conceptions of justice have arisen from differing answers to these questions. The goal here is not to answer but to elucidate some of the larger questions about justice, as well as to establish a framework for understanding and distinguishing different kinds of claims about justice and some of the relations between them. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

In this paper, I discuss some of the criteria that liberal states have used to choose between potential immigrants. While overtly racist policies have been widely condemned and abolished, many states have still in the recent past selected immigrants based on their ethnicity and/or language competency. I argue that even apparently more benign examples of ethnic and linguistic selection are unacceptable because they tend to express a morally problematic message that members of certain ethnic groups within the territory—the people who (...) are really from there— occupy a privileged position within the political community. And this means, I argue, that they unjustly exclude members of other ethnic groups. Finally, I address some special features of linguistic selection that are sometimes thought to make it justifiable, including the de facto inevitability of promoting some languages more than others, the fact that languages can be learned voluntarily, and the fragility of minority languages in territories where there is another language that is more universally known. (shrink)

The representative institutions of democratic government require the public sphere; but this in turn rests on the fellow‐feeling of citizens. In this article, I explore some recent ways of fleshing out Mill’s thought that patriotic fellow‐feeling is instrumental for a form of trust that the public sphere requires. Deliberation, argument and negotiation in the public sphere require a willingness to discuss, alter one’s position, compromise with others, and do so in good faith and in the belief that other participants are (...) broadly also taking part in the same fashion. Since politics is a realm in which interests and identities clash, we have at least a prima facie reason to worry that others may in fact not be trustworthy in the desired way. Some potential for distrust is inherent in political deliberation, since it presupposes that there is some important conflict or disagreement that needs to be overcome through discussion: in other words, that I cannot simply rely on others to further my interests for the right reasons, or at all. While trust seems inherently problematic, political dialogue in the public sphere seems to require it from those who take part. I look at four accounts of the basis of democratic trust, viz. the communitarian, the ‘societal culture’ account, the public culture account, and what is known as the ‘constitutional patriotism’ account. In outline, my argument is that all four accounts fail to explain the basis of trust in the democratic sphere. I conclude that sharing a national identity still leaves the politics of trust to be negotiated by the participants concerned. (shrink)

In the early 1990s Israel underwent a so-called constitutional revolution. According to the champions of this revolution, Israel has essentially become, as a result of this momentous event, a constitutional democracy, upholding individual freedom and liberties and allowing for judicial review of parliamentary legislation. Despite the congratulatory rhetoric, it is generally agreed upon that the constitution is still in need of some essential supplements before Israel can qualify as a fully constitutional democracy. The main question addressed in this paper is (...) the following: is it ‘reasonable’ that Israel take the further necessary steps that qualify it as a fully constitutional democracy? The doubts raised in this regard stem from the very concerns that lead political philosophers (mainly Rawls) to stress the unique value of liberal democracy. As they argue, liberal democracy provides deeply divided societies with the best means to secure their legitimacy and political stability. Israel's political realities, I argue, defy this claim. Moreover, Israel's political realities may also carry a valuable lesson to other states, even to seemingly robust liberal democracies. It is not the purpose of the paper, of course, to argue that Israel's existing rule of government should be embraced by other states – far from that. Israel should undergo some radical changes so that it can protect the rights and interests of all its citizens. Yet, to achieve this purpose, it should transcend, I will argue, liberal democracy. As matters stand, simply strengthening its liberal character, Israel's political system may be exposed to a growing challenge to its legitimacy and stability. It should, therefore, reject liberal democracy and especially the principle of neutrality that is intimately connected with a liberal rule of government and embrace, instead, the ideal of multicultural democracy. This ideal, I argue, is better equipped to answer the need of deeply divided societies to secure their legitimacy and stability. (shrink)

Justice and Vulnerability in Europe contributes to the understanding of justice in Europe from both a theoretical and empirical perspective. It shows that Europe is falling short of its ideals and justice-related ambitions by repeatedly failing its most vulnerable populations. Interdisciplinary and expert contributors search for the explanations behind these failing ambitions, through analysis of institutional discourse, legal debate and practice and the daily experiences of vulnerable populations, such as those dependent on social care and welfare. By setting tentative criteria (...) for justice as 'participatory parity', in line with the insights of the political philosopher Nancy Fraser, the book challenges European policy makers to re-define redistributive, recognitive and representative justice. (shrink)

In the best literature on unilateral secession, for instance, Buchanan, it is usual to distinguish between remedial theories, which require a just cause for conceding a right to secession for the inhabitants of a territory, part of a State; and primary theories, plebiscitary theories and adscriptivist or nationalist theories. In accordance to this view, only the first are capable of justifying a unilateral right to secession. Well then, in this paper, an argument is elaborated in order to show that the (...) remedial strategy is not applicable to Catalonia and, also to show that even if primary theories are applicable to the case of Catalonia —the plebiscitary strategy has given rise to the so-called right to decide—, they are not able to justify a unilateral right to secession. (shrink)

Despite the widespread presence of public arts funding in liberal societies, some liberals find it unjustified. According to the Neutrality Objection, arts funding preferences some ways of life. One way to motivate this challenge is to say that a public goods-styled justification, although it could relieve arts funding of these worries of partiality, cannot be argued for coherently or is, in the end, too susceptible to impressions of partiality. I argue that diversity-based arts funding can overcome this challenge, because it (...) invests in non-excludable infrastructure that fosters cultural literacy. We all have some interest as citizens in living in a society which fosters cultural literacy, seeing as this helps others to understand us, supports us to understand ourselves, and helps alleviate confusion and alienation we feel toward social difference. While some of these benefits can be enjoyed by those who make and consume art, they are also gained by those who don’t, because arts funding affects the makeup of public spaces and the communicative practices we all use to make sense of the world. (shrink)

Practically almost all the basic matters that make up the political and social agenda of this decade are related to two basic categories: citizenship and multiculturalism. The way in which the connection between these two basic pillars is managed constitutes the principal factor in the social, political and cultural transformation of our epoch. This work has two aims: on one hand, and in relation to the general subject of this monograph it is argued that the question of immigration is part (...) of a wider dynamic of discussions on the basic foundations of our modern era, resulting from the double process of State-building and Nation-building; on the other hand it underlines that the first victim of this process of contextual change is precisly the product of this double historical movement: the traditional notion of citizenship, which has difficulties in finding resources to administer the new phenomena tied to multiculturalism. In this framework, we propose the basic question: in what sense does multiculturalism pose problems to the tradition of citizenship? We start from the following situation: what happens when the traditional notion of citizenship is used in multicultural contexts? I structure my argumentation in five sections. In the first section, I set out the conceptual framework within which present-day arguments are situated, composed of three basic elements: the State, the Nation and Citizenship. In the second section, we enter into the discussion on the traditional concept of citizenship, focusing on its normative and empirical basis from a comparative perspective. In the third section, we are concerned with the concept of multiculturalism. In the fourth section I deal with what I have called the contexts of multiculturalism., that is, the different dimensions that call into question the indivisible (and sacred) character of the State, the Nation and Citizenship. We introduce, in succesion, the pluralism of cultural identities, the pluralism of national identities, immigration, the political construction of the European Union and, finally globalisation. In the fifth and last section we draw up a final balance giving a historical sense to our arguments. (shrink)

The article discusses some of the major issues which need to be examined in a gendered reading of citizenship. However, its basic claim is that a comparative study of citizenship should consider the issue of women's citizenship not only by contrast to that of men, but also in relation to women's affiliation to dominant or subordinate groups, their ethnicity, origin and urban or rural residence. It should also take into consideration global and transnational positionings of these citizenships. The article challenges (...) the gender-blind and Westocentric character of many of the most hegemonic theorizations of citizenship, focusing in particular on the questions of membership in ‘the community’, group rights and social difference and the ways binaries of public/private and active/passive have been constructed to differentiate between different kinds of citizenships. The article argues that in order to be able to analyse adequately people's citizenship, especially in this era of ethnicization on the one hand and globalization on the other hand, and with the rapid pace at which relationships between states and their civil societies are changing, citizenship should best be analysed as a multi-tiered construct which applies, at the same time to people's membership in sub-, cross- and supra-national collectivities as well as in states. (shrink)

I investigate the normative and conceptual account of the relationship between public recognition and dignitarian, or egalitarian, commitments. I do so through addressing the normative dispute, sparked by legal cases such as Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission and Fulton v. City of Philadelphia, as to whether there are dignitarian grounds for rejecting religious exemptions to antidiscrimination laws. I argue that there are such grounds. Specifically, I argue that, if granted, such exemptions would inflict dignitary harms against LGBTQ (...) individuals by denying them the public recognition necessary for reliably sustaining civic self-respect. Such exemptions would deny this recognition in two distinct ways. First, such exemptions would institutionalize humiliation of LGBTQ individuals as market actors. Second, such exemptions would condition market access for LGBTQ individuals on unequal terms. Through making this argument, I hope to make three primary, and related, contributions: I introduce a concept of civic self-respect; I argue that the normative import of public recognition is grounded in the good of civic self-respect; and I rely on this normative framework to show how religious exemptions to public accommodations laws inflict dignitary harms. My argument is relevant to both political philosophers and legal scholars grappling with questions of why public recognition matters and what it demands. (shrink)

Claim of indigenous minorities to land are a significant political issue in many parts of the world. These claims; though; are contested; be it in theoretical; political or legal terms. I consider a position; put forward by Jeremy Waldron; that asserts some theoretical reservations towards indigenous minorities' claims to reparations and land. Waldron seems to assume that indigeneity is no important factor regarding land claims and reparative issues. I propose a rivalling account of indigenous land claims; based on the idea (...) of self-determination. Self-determination itself can be understood in two different ways; it can either be conceived as a form of political autonomy or sovereignty; or it can be understood as having pre-political property rights. (shrink)

Given the recent ethics scandals in the United States, there has been a renewed focus on understanding the antecedents to ethical decision-making in the research literature. Since ethical norms and standards of behavior are not universally consistent, an individual’s choice of referent may exert a large influence on his/her ethical decision-making. This study used a social identity theory lens to empirically examine the relative influence of the macro- and micro-level variables of national culture and peers on an individual’s intention to (...) behave ethically. Our sample consisted of respondents from Germany, Italy, and Japan. The results indicated that both national culture and peers were found to act as significant referents in ethical decision-making dilemmas. Although peers exerted a much stronger influence on an individual’s ethical decision-making, the impact of peers varied depending on the national culture levels of individualism and power distance. (shrink)

In Isaiah Berlin, John Gray interprets Berlin as having made value pluralism the basis of an anti‐rationalist, “agonistic” liberalism. Gray argues that Berlin's value pluralism actually stands in tension with his liberalism, and that a whole‐hearted affirmation of value pluralism should have led him to reject the claim that liberal institutions are morally superior. But Berlin's pluralism is more moderate than that ascribed to him by Gray, in that it does not allow for diminishing the value of liberty beyond a (...) certain point. This version of pluralism is more compatible with the objectivity Gray claims for pluralism than is his own version. (shrink)

Much liberal theorizing of the past twenty years has been built around a conception of neutrality and an accompanying virtue of reasonableness according to which citizens ought to be able to view public policy debates from a perspective detached from their comprehensive conceptions of the good. The view of “justifi catory neutrality” that emerges from this view is discussed and rejected as embodying controversial views about the relationship of individuals to their conceptions of the good. It is shown to be (...) based upon a “protestant” assumption according to which conceptions of the good can be cashed out in terms of propositional beliefs. An alternative conception of reasonableness, grounded in the stable disposition of individuals to prefer social peace over conflict is described. It is argued that it better satisfies the neutralist requirement than do theories of justifi catory neutrality. (shrink)

This article introduces the symposium on Glen Coulthard’s Red Skin, White Masks. It begins by situating the book’s publication in the wake of the extensive mobilisations of the Idle No More movement in Canada in 2012–13. Coulthard’s strategic hypotheses on the horizons of Indigenous liberation in the book are intimately linked to his participation in these recent struggles. The article then locates Red Skin, White Masks within a wider renaissance of Indigenous Studies in the North American context in recent years, (...) highlighting Coulthard’s unique and sympathetic extension of Marx’s critique of capitalism, particularly through his use of the concept of ‘primitive accumulation’. Next, the article outlines the long arc of the argument in Red Skin, White Masks and the organisation of the book’s constituent parts, providing a backdrop to the critical engagements that follow from Peter Kulchyski, Geoff Mann, George Ciccariello-Maher, and Roxanne Dunbar-Oritz. The article closes with reflections on Coulthard’s engagement with Fanon, who, besides Marx, is the most important polestar in Red Skin, White Masks. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

The title of this article refers to Beauvoir's essay Must We Burn De Sade?. Analogous to Beauvoir's essay on Sade, this article is something of an apology for Foucault. I use Beauvoir's essay on Sade to discuss Foucault's concept of ethics as an art of living. I conclude that the final Foucault's thought on ethics can be labelled a post-existentialism, combining postmodern thinking and the issues of freedom and commitment in an inspiring way. I argue, however, that the heuristics of (...) Foucault's later work is undertheorized. Comparing Foucault's approach with Beauvoir's own concept of ethics as art of living shows hers to be superior in that it has a place for the emotions. The cold stoicism of the final Foucault only deals with emotion from the point of view of repression and sublimation. Foucault's post-existentialism must therefore be enriched with Beauvoir's concepts. I conclude that aspects of the theoretical frameworks of both Foucault and Beauvoir can contribute to the solution of some of the dilemmas of postmodern thinking with respect to politics and political theory. (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)

Axel Honneth draws a distinction between three types of recognition: (1) love, (2) respect and (3) social esteem. In his The Struggle for Recognition, the recognition of cultural particularity is situated in the third sphere. It will here be argued that the logic of recognition of cultural identity also demands a non-evaluative recognition, namely a respect for difference. Difference-respect is formal because it is a recognition of the value of a particular culture not "for society" or "as such", but for (...) the social group involved. Yet, although it is formal, difference-respect cannot be reduced to respect for personal autonomy and its preconditions, as Honneth wrongly suggests in Redistribution or Recognition? It is argued here that difference-respect is oriented towards another dimension of the person, namely social attachments. This kind of respect entails a separate register of formal recognition with a corresponding concept of personal identity and a parallel category of social disrespect. What morally justifies difference-respect from a recognition-theoretic approach is the practical relation-to-self that thus becomes possible, namely self-respect as a sense of belonging. The formal conception of the good life that Honneth articulates should include the insight that this sense of belonging is as much a necessary condition for the good life as is personal autonomy. (shrink)

En este trabajo respondo una objeción a la tesis de que la teoría de Rawls debe atender problemas relacionados a la injusticia histórica. Esta objeción sostiene que dicha teoría está justificada en no considerar problemas de injusticia histórica debido a su supuesto carácter exclusivamente prospectivo. La objeción tiene dos presentaciones diferentes. Primero, como la idea de que hay razones internas a la propia teoría de Rawls que justifican dicho carácter exclusivamente prospectivo —tales como el problema de elección modelado en la (...) posición original y el hecho de que la justicia-como-equidad debe ser una concepción de justicia no-comprehensiva. Segundo, como la idea de que hay razones externas a la teoría de Rawls —en concreto, la supuesta existencia del así llamado problema de la no-identidad, que justifican el carácter exclusivamente prospectivo no sólo de los principios de justicia rawlsianos sino de cualquier otra concepción de justicia distributiva. Trataré de mostrar que esta objeción, tanto en su presentación interna como externa, es equivocada. (shrink)

This paper addresses the problem of the strategies and theories of democratic participation in Nigeria that breed institutional marginality and bad governance due to shortfalls in pursuing the values of justice and empowerment as core democratic characteristics. The same democratic principles such as voting, parliament, constitution, judiciary, that are suggestive of gains such as responsible use, and peaceful transfer of power may not have translated fully into sociopolitical empowerment for responsibility and representation in evolving democratic practice in Nigeria due to (...) problems of agency and political ideology. Democratic theorizing and participation in Nigeria has defied orthodox presuppositions seen in the disrespect for basic rights and the disregard for the rule of law in democracy that allow for fair play within and among the elites and political grassroots. Thus this study investigates the Nigerian predicament as a model or case study, raising questions about the reasons for the systematic disempowerment of groups. (shrink)

In this article, I develop a conception of multiculturalism that is compatible with Mill's liberal framework. I argue, drawing from Mill's conception of the nation-state, that he would expect cultural minorities to assimilate fully into the political sphere of the dominant culture, but to assimilate only minimally, if at all, into the cultural sphere. I also argue that while Mill cannot permit cultural accommodations in the form of self-government rights, he would allow for certain accommodation rights which assist cultural minorities (...) in preserving their cultural particularity. While this is indeed a modest multiculturalism, it helps to demonstrate that Mill was not as hostile towards custom or minority groups as certain passages may appear to suggest. (shrink)

This article argues that, despite its reputation as a homogenising and authoritarian system, the political thought of Bernard Bosanquet contains resources with which to develop a robust and culturally sensitive model of liberal multiculturalism. Throughout the discussion, Bosanquet's thought is located within contemporary theoretical debates. The first section rehearses the critique of Millian liberalism developed by Bhikhu Parekh and others, which alleges that the considerations of individuality and autonomy underlying such a political order preclude it from showing adequate respect for (...) cultures which do not conceive of personal identity in essentially individualistic terms. The next section sketches Bosanquet's social theory, as a preclude to the rebuttal of allegedly insurmountable barriers to the theory's accommodation of cultural diversity. Specifically, section three counters the objection that Bosanquet sanctions the imposition of internal restrictions on personal dissent. The final section rebuts the claim that a General Will cannot exist within a culturally diverse society, showing that in reality Bosanquet's theory leads us to endorse the ‘fundamental beliefs’ of a multi-ethnic society outlined recently in the Parekh Report. It is concluded that, when drawing on Bosanquet's thought, a liberal multicultural society can take different forms and yet still show proper respect for cultural diversity. (shrink)

The sociological debate about globalization has often neglected the place of religion in a global age. This absence is problematic, given the creative role of the world religions in the shaping of the modernization and globalization processes. This article treats globalization as a particular phase of the general process of modernity, and considers religion in terms of four paradoxes. The first (the Nietzsche paradox) argues that, against the received wisdom, fundamentalism is a form of modernization. Although religious fundamentalism may be (...) a reaction to the hybridity brought about by globalization, it is not a traditional reaction. The second (the Parsonian paradox) argues that modernization and globalization constitute religion as a special and separate institutional sphere of society, and hence transform religion into a problem of modernity. Fundamentalism attempts to reverse this pattern and, in the marginal societies of the global system, fundamentalist religion challenges this western version of modernized religion. The third (the McLuhan paradox) is that religious values in a global village expose the incommensurability of cultural systems, but relativism is not easily sustained in practice and globalization paradoxically increases the need for human rights universalism. While nationalism as a framework for cultures conflicts with attempts to develop general systems of rights discourse, it is not evident that the creation of alternative rights systems (such as Confucian codes) appears to be immediately viable. The final (the Montaigne paradox) explores the contradiction between Orientalism as a necessary consequence of the discovery of Otherness and Otherness as a necessary experience of cosmopolitan humanism. The article concludes with a discussion of the possibilities of cosmopolitan virtue in the context of these paradoxes of globalization and religion. (shrink)

This article examines the intercultural context of issues related to genetic research on Native peoples. In particular, the article probes the disconnect between Western and indigenous concepts of property, ownership, and privacy, and examines the harms to Native peoples that may arise from unauthorized uses of blood and tissue samples or the information derived from such samples. The article concludes that existing legal and ethical frameworks are inadequate to address Native peoples' rights to their genetic resources and suggests an intercultural (...) framework for accommodation based on theories of intergroup equality and fundamental human rights. (shrink)

Our society currently faces many complex and perplexing issues related to biotechnology, including the need to define the outer boundaries of genetic research on human beings and the need to protect individual and group rights to human tissue and the knowledge gained from the study of that tissue. Scientists have increasingly become interested in studying so-called “population isolates” to discover the nature and location of genes that are unique to particular groups. Indigenous peoples are often targeted by scientists because “the (...) relative isolation of the communities ensures minimal gene flow.” Such studies raise a number of issues related to privacy rights, property rights, informed consent, and group rights versus individual rights. These issues recently came to light in a case brought by the Havasupai Tribe and its members over the use of blood samples, handprints, and genealogy information initially taken by researchers at Arizona State University for a diabetes project. These materials were then allegedly used by researchers at ASU and other institutions for a multitude of unauthorized purposes, including research into the frequency of mental health disorders and the origin of human populations. Consequently, the affected members sued for damages under several legal theories. However, underlying all of these claims was the allegation that this unauthorized use of genetic resources and data not only injured the individuals who gave samples, but also caused a collective harm to the Havasupai Tribe and the cultural and spiritual beliefs of its members. (shrink)

Over the past few years, intercultural health has become an emerging issue in health policy. Intercultural health is an approach in health that aims at reducing the gap between indigenous and western health systems, on the basis of mutual respect and equal recognition of these knowledge systems. This article questions the applicability of such a concept in the context of Chile. Here, conflicting interests between the Mapuche and the Chilean state are related to aspects of economic development, modernity processes, integration, (...) intercultural relations, and indigenous rights and are deeply reflected also in projects for an intercultural health system. By analysing the experience of the intercultural practice of Makewe Hospital, this article argues that effective and equitable intercultural health practices will not take place unless there will be an integral valorisation of the Mapuche culture from a broader perspective. (shrink)

Lack of attention to definitions of indigeneity is a problem in both political theory and practice. Defining indigeneity has at least two important consequences: it affects who has access to resources or rights reserved for Indigenous peoples; and it shapes the kinds of privileges and resources available to Indigenous peoples. In this article, I draw on Theodor Adorno’s concept of ‘nonidentity’ as a resource for exploring the power and limits of conceptions of indigeneity. I argue that recognizing the non-identical aspects (...) of indigeneity enables critical engagement with constellations of concepts that attend to the distinctive aspects of indigeneity in particular moments and locations. To illustrate my argument, I draw on one conception of indigeneity that could be characterized as non-identity thinking – a research approach called Kaupapa Māori. I suggest that non-identity is a promising resource for conceptualizing indigeneity as it has potential to respond to some of the key problems with current responses to indigeneity; notably, that universal definitions may not best represent what it means to be Indigenous, and that unreflective acceptance of current definitions fails to produce just outcomes. (shrink)

This paper contrasts three non-skeptical ways of explaining and reconciling political struggles: monologue, instrumental dialogue, and a comparative dialogical approach promoted by Charles Taylor and James Tully. It surveys the work of Taylor and Tully to show three particular family resemblances: their emphasis on practice, irreducible diversity, and periodic reconciliation. These resemblances are evident in the way they employ dialogical approaches to explain struggles over recognition and distribution. They describe these as dialogical actions, and suggest that a form of dialogical (...) comparison might reconcile their various contested demands. (shrink)

In recent years, democracies across the globe have seen an increase in the popularity and power of authoritarian, nationalist politicians, groups, and policies. In this climate, the proper role of education in liberal democratic society, and in particular its role in promoting characteristics like autonomy and open-mindedness, is contested. This paper engages this debate by exploring the concept of autonomy and the obligations of liberal democratic societies to promote it. Presenting the conditions for the exercise and development of autonomy, I (...) argue that the intellectual virtue of open-mindedness is necessary for possession of the capacity for autonomy and the motivation to exercise this capacity. In considering the importance of autonomy in liberal democratic societies, I argue that education for autonomy and open-mindedness can be justified by appealing to several liberal democratic aims: ensuring fair opportunity in the pursuit of the good life and preparing students for citizenship in diverse society. My analysis of the relationship between autonomy and open-mindedness aims to contribute to the literature by identifying a conception of autonomy that explicitly acknowledges its connections to intellectual virtue, thus clarifying one aspect of its value and identifying an important component of education that supports autonomy. (shrink)

Abstract For Ernest Gellner, nationalism occurs in the modern period because industrial societies, unlike agrarian ones, need homogeneous languages and cultures in order to work efficiently. Thus, states and intellectuals mobilize campaigns of assimilation through public education and the culture industries. Gellner's theory, however, fails to explain all forms of nationalism, is overly materialist, and at times relies on dubious functionalist explanations. A more satisfactory theory would take into account the cultural content of nationalism?not only myths, but political culture?as well (...) as phenomena of identity and collective action. (shrink)