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Strange Multiplicity: Constitutionalism in an Age of Diversity

Cambridge University Press (1995)

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  1. Los Principios Del Orden Cosmopolita.David Held - 2005 - Anales de la Cátedra Francisco Suárez 39:133-169.
    Cosmopolitanism is concerned to disclose the ethical, cultural and legal basis of political order in a world where political communities and states matter, but not only and exclusively. In circumstances where the trajectories of each and every country are tightly entwined, the partiality, one sidedness and limitedness of ‘reasons of state’ need to be recognized. While states are hugely important vehicles to aid the delivery of effective public recognition, equal liberty and social justice, they should not be thought of as (...)
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  • Cultural Minority Rights and the Rights of the Majority in the Liberal State.Jean-Christophe Merle - 1998 - Ratio Juris 11 (3):259-271.
    Traditional liberalism's blindness to cultural concerns has often come under fire, while so‐called “liberal multiculturalism” has made it its business to take a good look at the place of culture within liberal law. According to them, cultural minorities should be recognized. In my opinion, however, their proposals, in fact, almost entirely preclude the possibility that cultural minorities would receive recognition within liberal society. In what follows, I explain my view of these matters and, above all, argue for a more vital (...)
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  • Interculturalidad, democracia y emancipación social: algunos retos para una teoría política intercultural.Antoni Jesús Aguiló Bonet - 2011 - Astrolabio: Revista Internacional de Filosofía 11:1 - 13.
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  • Philosophical Justification and the Legal Accommodation of Indigenous Ritual Objects; an Australian Study.Andrew G. Hunter - unknown
    Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...)
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  • The Hypothesis of Incommensurability and Multicultural Education.Tim Mcdonough - 2009 - Journal of Philosophy of Education 43 (2):203-221.
    This article describes the logical and rhetorical grounds for a multicultural pedagogy that teaches students the knowledge and skills needed to interact creatively in the public realm betwixt and between cultures. I begin by discussing the notion of incommensurability. I contend that this hypothesis was intended to perform a particular rhetorical task and that the assumption that it is descriptive of a condition to which intercultural interactions are necessarily subjected is an unwarranted extension of the hypothesis as originally conceived. After (...)
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  • Dialogical Approaches to Struggles Over Recognition and Distribution.Michael Temelini - 2014 - Critical Review of International Social and Political Philosophy 17 (4):1-25.
  • Wittgenstein as Exile: A Philosophical Topography.Michael A. Peters - 2008 - Educational Philosophy and Theory 40 (5):591-605.
    This paper argues that Wittgenstein considered himself an exile and indeed was a self-imposed exile from his native Vienna; that this condition of exile is important for understanding Wittgenstein the man and his philosophy; and that exile as a condition has become both a central characteristic condition of late modernity (as much as alienation was for the era of industrial capitalism) and emblematic of literary modernism. The paper employs the notion of 'exhilic thought' as a central trope for understanding Wittgenstein (...)
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  • Avoiding an Intolerant Society: Why Respect of Difference May Not Be the Best Approach.Peter A. Balint - 2010 - Educational Philosophy and Theory 42 (1):129-141.
    The building and maintaining of a tolerant society requires both a general policy of toleration on the behalf of the state, as well as a minimal number of acts of intolerance by individual citizens towards their fellow citizens. It is this second area of citizen-citizen relations that is of most interest for education policy. There are those who argue that the best way to achieve a tolerant society is by encouraging, or even requiring, the respect and appreciation of difference amongst (...)
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  • Philosophical Writing: Prefacing as Professing.Rob McCormack - 2008 - Educational Philosophy and Theory 40 (7):832-855.
    If you do not wish to construe philosophical discourse as simply a discourse of cognition, a theoretical discourse; if you think it is also a practical, ethical discourse: how should you write? How should you frame the ethos, the authority of your discourse? This article re-presents an extended preface I wrote and rewrote obsessively over a period of nearly two years in an effort to forge a voice and mode of address adequate to my sense of philosophical discourse as a (...)
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  • The Civilizing Force of Social Movements: Corporate and Liberal Codes in Brazil's Public Sphere.Gianpaolo Baiocchi - 2006 - Sociological Theory 24 (4):285 - 311.
    Analysts of political culture within the "civil religion" tradition have generally assumed that discourse in civil society is structured by a single set of enduring codes based on liberal traditions that actors draw upon to resolve crises. Based on two case studies of national crises and debate in Brazil during its transition to democracy, I challenge this assumption by demonstrating that not only do actors draw upon two distinct but interrelated codes, they actively seek to impose one or another as (...)
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  • Liberalism for the Liberals, Cannibalism for the Cannibals.Steven Lukes - 2001 - Critical Review of International Social and Political Philosophy 4 (4):35-54.
  • Pluralism Within the Limits of Reason Alone? Habermas and the Discursive Negotiation of Consensus.Samantha Ashenden - 1998 - Critical Review of International Social and Political Philosophy 1 (3):117-136.
  • The French New Right: Multiculturalism of the Right and the Recognition/Exclusionism Syndrome.Alberto Spektorowski - 2012 - Journal of Global Ethics 8 (1):41-61.
    This article studies a seeming paradox ? the adoption of multi-culturalist strategies and arguments by the neo-fascist European New Right. Why would neo-fascists adopt such a theoretical framework, and why has multiculturalism failed in Europe? In this article, I argue that the European New Right employs a multiculturalism framework, which I define as a recognition/exclusionist one, in order to create a new discourse of ?legitimate exclusionism? of non-authentic European immigrants. In short, multiculturalism, by celebrating differences between ethnic and cultural groups, (...)
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  • Who Are Chinese Citizens? A Legislative Language Inquiry.Shifeng Ni & King Kui le ChengSin - 2010 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (4):475-494.
    By exploring the meaning construction of Chinese citizenship stipulated in Chinese legislation and its interaction with social identities and human nature in the Chinese society, the present study investigates the nature and evolution of the conception of Chinese citizens through three selected cases from Chinese legislations, which illuminate that Chinese citizens are essentially persons with independent personalities defined by the rights and obligations stipulated in legislation. This conception is further strengthened by the entitlement to private properties and equality before law. (...)
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  • Democratic Deliberation in a Multinational Federation.Alain Noël - 2006 - Critical Review of International Social and Political Philosophy 9 (3):419-444.
    (2006). Democratic Deliberation in a Multinational Federation. Critical Review of International Social and Political Philosophy: Vol. 9, No. 3, pp. 419-444.
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  • Group-Based Identity and Kantian 'Orientation'.Genevieve Lloyd - 1997 - Australasian Journal of Philosophy 75 (4):463 – 473.
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  • Introduction: An Emerging Consensus? [REVIEW]Will Kymlicka - 1998 - Ethical Theory and Moral Practice 1 (2):143-157.
    This paper is an introduction to a special issue on Nationalism, Multiculturalism and Liberal Democracy. It attempts to describe the state of the debate on issues of multiculturalism and nationalism within liberal-democratic theory. I suggest that there may be an emerging consensus on liberal culturalism – the view that certain group-specific rights or policies aimed at recognizing or accommodating ethnic and national groups are legitimate so long as they operate within certain constraints of liberal justice. I explore the possible reasons (...)
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  • Democratic Equality and Indigenous Electoral Institutions in Oaxaca, Mexico: Addressing the Perils of a Politics of Recognition.Alejandro Anaya Muñoz - 2005 - Critical Review of International Social and Political Philosophy 8 (3):327-347.
    Abstract In 1995, the constitution of the Mexican state of Oaxaca was reformed to recognise indigenous usages and customs for the election of municipal governments. This recognition is problematic from a normative perspective, as women, new?comers and dwellers in municipal sub?units are disenfranchised in a good number of indigenous municipalities of the state. Nevertheless, this article argues against a summary assessment of the (presumably illiberal) consequences of this recognition policy. Following James Tully, it advocates an intercultural, dialogical and inclusive procedure (...)
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  • The Dual Quality of Norms and Governance Beyond the State: Sociological and Normative Approaches to 'Interaction'.Antje Wiener - 2007 - Critical Review of International Social and Political Philosophy 10 (1):47-69.
  • Debate: Agonism as Deliberation – on Mouffe's Theory of Democracy.Andrew Knops - 2007 - Journal of Political Philosophy 15 (1):115–126.
  • Islam, 'Soft' Orientalism and Hegemony: A Gramscian Rereading.Mustapha Kamal Pasha - 2005 - Critical Review of International Social and Political Philosophy 8 (4):543-558.
    Abstract The neo?Gramscian framework offers one of the more innovative contributions to a discipline long embedded in the self?same verities of behaviouralism, positivism and neo?Realism. As with conventional wisdom, however, neo?Gramscians reproduce either assumptions of liberal neutrality or cultural thickness in relation to the ?peripheral zones? of the global political economy. These tendencies produce a variant that can be likened to ?soft Orientalism?. In the first instance, cultural difference is not much of an impediment to the establishment of (West?centred) global (...)
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  • Privilege or Recognition? The Myth of State Neutrality.Tim Nieguth - 1999 - Critical Review of International Social and Political Philosophy 2 (2):112-131.
    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 (...)
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  • Constituting Community: Heidegger, Mimesis and Critical Belonging.Louiza Odysseos - 2009 - Critical Review of International Social and Political Philosophy 12 (1):37-61.
  • David Miller's Theory of Global Justice. A Brief Overview.Helder Schutteder & Ronald Tinnevelt - 2008 - Critical Review of International Social and Political Philosophy 11 (4):369-381.
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  • Associo‐Deliberative Democracy and Qualitative Participation.Piotr Perczynski - 2001 - Critical Review of International Social and Political Philosophy 4 (1):71-84.
    (2001). Associo‐deliberative democracy and qualitative participation. Critical Review of International Social and Political Philosophy: Vol. 4, Associative Democracy: The Real Third Way, pp. 71-84. doi: 10.1080/13698230108403338.
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  • Reflexive Governance and Indigenous Self‐Rule: Lessons in Associative Democracy?Andre J. Hoekema - 2001 - Critical Review of International Social and Political Philosophy 4 (1):157-186.
  • The Gravity of Steering, the Grace of Gliding and the Primordiality of Presencing Place: Reflections on Truthfulness, Worlding, Seeing, Saying and Showing in Practical Reasoning and Law. [REVIEW]Oren Ben-Dor - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):341-390.
    This article reflects on the received view of the rupture which constitutes the beginning of a critical, ethical, political and legal opening, the understanding of which inhabits the cry of, and response to, injustice. It takes the very critique that feeds into, and is distorted by, practical reasoning, as its point of departure. Grasping this rupture as the complementary relation between deconstruction and radical alterity, would entail unreflectively accepting a certain kind of truthfulness—truthfulness as [in]correctness, manifesting in a relationship that (...)
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  • The Expansion and Restructuring of Intellectual Property and Its Implications for the Developing World.David Lea - 2008 - Ethical Theory and Moral Practice 11 (1):37-60.
    In this paper we begin with a reference to the work of Hernando de Soto The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, and his characterization of the Western institution of formal property. We note the linkages that he sees between the institution and successful capitalist enterprise. Therefore, given the appropriateness of his analysis, it would appear to be worthwhile for developing and less developed countries to adjust their systems of ownership to conform more (...)
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  • Imposing Liberal Principles.Andrew Mason - 1998 - Critical Review of International Social and Political Philosophy 1 (3):98-116.
  • The Educational Importance of Self-Esteem.Matt Ferkany - 2008 - Journal of Philosophy of Education 42 (1):119-132.
    Some philosophers of education have recently argued that educators can more or less ignore children's global self-esteem without failing them educationally in any important way. This paper draws on an attachment theoretic account of self-esteem to argue that this view is mistaken. I argue that understanding self-esteem's origins in attachment supports two controversial claims. First, self-esteem is a crucial element of the confidence and motivation children need in order to engage in and achieve educational pursuits, especially in certain domains of (...)
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  • National Identity, Political Trust and the Public Realm.Matthew Festenstein - 2009 - Critical Review of International Social and Political Philosophy 12 (2):279-296.
  • Constitutionalism and the Despatch‐Box Principle.Preston King - 1999 - Critical Review of International Social and Political Philosophy 2 (2):29-58.
    This essay presents a construct of constitutionalism. This is to do with more than a ?constitution?, or a ?corporate organisation?, or ?majority rule?. Constitutionalism is marked by a particular type of corporate rule, featuring a persistent (continuing) popular sovereignty, in which all who are governed are members, have a duty of mutual respect, enjoy an equal share in the vote, and are equally subject to the law. Under constitutionalism, the sovereign is perceived as bound by rules (in law) which that (...)
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  • The Rule of Law and the Rule of Persons.Richard Bellamy - 2001 - Critical Review of International Social and Political Philosophy 4 (4):221-251.
  • Citizenship and the State.M. Victoria Costa - 2009 - Philosophy Compass 4 (6):987-997.
    This study surveys debates on citizenship, the state, and the bases of political stability. The survey begins by presenting the primary sense of 'citizenship' as a legal status and the question of the sorts of political communities people can belong to as citizens. (Multi)nation-states are suggested as the main site of citizenship in the contemporary world, without ignoring the existence of alternative possibilities. Turning to discussions of citizen identity, the study shows that some of the discussion is motivated by a (...)
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  • ‘What If Value and Rights Lie Foundationally in Groups?’ The Maori Case.Andrew Sharp - 1999 - Critical Review of International Social and Political Philosophy 2 (2):1-28.
    Liberal writers share the intuition that the fundamental moral particle is the human individual, not the group. In this paper, I adopt the opposing intuition which many, including the indigenous Maori of New Zealand, say they feel: that it is the group that is fundamental, rather than the individual. I attempt to work out the doctrine which results from that intuition and call it?group foundationalism?. I then seek to explore the tenability of group foundationalism, not from the perspective of external (...)
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  • David Miller’s Theory of Global Justice. A Brief Overview.Helder De Schutter & Ronald Tinnevelt - 2008 - Critical Review of International Social and Political Philosophy 11 (4):369-381.
  • Desire, Apathy and Activism.Simone Bignall - 2010 - Deleuze and Guatarri Studies 4 (Suppl):7-27.
    This paper explores the themes of apathy and activism by contrasting the conventionally negative concept of motivational desire-lack with Deleuze and Guattari's positive concept of ‘desiring-production’. I suggest that apathy and activism are both problematically tied to the same motivational force: the conventional negativity of desire, which results in a ‘split subject’ always already ‘undone’ by difference. The philosophy of positive desiring-production provides alternative concepts of motivation and selfhood, not characterised by generative lack or alienation. On the contrary, this alternative (...)
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  • On the Conditions of Possibility for Comparative and Intercultural Philosophy.Lin Ma & Jaap van Brakel - 2013 - Dao: A Journal of Comparative Philosophy 12 (3):297-312.
    In this essay, we present a theory of intercultural philosophical dialogue and comparative philosophy, drawing on both hermeneutics and analytic philosophy. We advocate the approach of “de-essentialization” across the board. It is true that similarities and differences are always to be observed across languages and traditions, but there exist no immutable cores or essences. “De-essentialization” applies to all “levels” of concepts: everyday notions such as green and qing 青, philosophical concepts such as emotion(s) and qing 情, and philosophical categories such (...)
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  • Philosophical Writing : Prefacing as Professing.Rob McCormack - 2009 - In Michael Peters (ed.), Educational Philosophy and Theory. Wiley-Blackwell. pp. 832-855.
    If you do not wish to construe philosophical discourse as simply a discourse of cognition, a theoretical discourse; if you think it is also a practical, ethical discourse: how should you write? How should you frame the ethos, the authority of your discourse? This article re-presents an extended preface I wrote and rewrote obsessively over a period of nearly two years in an effort to forge a voice and mode of address adequate to my sense of philosophical discourse as a (...)
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  • The Rule of Law and Its Predicament.Yasuo Hasebe - 2004 - Ratio Juris 17 (4):489-500.
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  • Cultural Diversity and Biodiversity: A Tempting Analogy.David Heyd - 2010 - Critical Review of International Social and Political Philosophy 13 (1):159-179.
  • The Empire of Uniformity and the Government of Subject Peoples.Christine Helliwell & Barry Hindess - 2002 - Cultural Values 6 (1-2):139-152.
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  • Justice as Provisionality: An Account of Contrastive Hard Cases.Monica Mookherjee - 2001 - Critical Review of International Social and Political Philosophy 4 (3):67-100.
    James Tully's account of a ?post?imperial constitutionalism?, in his book Strange Multiplicity, wrongly rejects the ideal of impartiality in modern political theory. Pace Tully, this paper argues for a conception of impartiality called ?justice as provisionality?. This is demonstrated by explaining the concept of a ?contrastive hard case?. These cases, exemplified both by indigenous peoples? struggles for recognition and ?traditional? justifications for violence against women, centrally involve conflicts over the cultural interpretation of value. The paper argues that the just adjudication (...)
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  • Multiculturalism and Equal Human Dignity: An Essay on Bhikhu Parekh.Joshua Preiss - 2011 - Res Publica 17 (2):141-156.
    Bhikhu Parekh is an internationally renowned political theorist. His work on identity and multiculturalism is unquestionably thoughtful and nuanced, benefiting from a tremendous depth of knowledge of particular cases. Despite his work’s many virtues, however, the normative justification for Parekh’s recommendations is at times vague or ambiguous. In this essay, I argue that a close reading of his work, in particular his magnum opus Rethinking Multiculturalism and the selfproclaimed sequel A New Politics of Identity, reveals that his claims frequently rely (...)
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