Abstract

In a widely publicized lecture in 2008, the Archbishop of Canterbury, Rowan Williams, expressed his concern that the conception of law and democratic citizenship prevailing in England may lead to ghettoization. The problem, in his view, is that the bulk of the convictions and commitments that define a given citizen’s identity are seen as a matter of individual choice and relegated to the private realm. In diagnosing this problem, Williams tacitly distances himself from a privatizing view of democratic politics. In response to the problem, he calls for consideration of the possibility of supplementary jurisdictions, whereby certain legal functions would be delegated to the religious courts of a community. The article is broadly supportive of Williams’ concern to avoid privatization and his emphasis on the importance of openness to learning from other legal codes. However, it finds no convincing case for legally recognizing plural jurisdictions. It concludes that this aim is better served by Seyla Benhabib’s proposal for vibrant, ongoing exchanges between different legal codes, and between such codes and political and cultural beliefs, traditions and practices.