Nationalism seems a persistent ideology in academia as much as in politics; despite the fact that it has been shown that nationalism is deeply unjust for minorities. A case for national identity is often invoked to supplement liberalism regarding the inner difficulties that liberal theories have to explain their membership, assure stability and produce endorsement. So, it seems that national identity may also be required for justice. While this controversy continues, I argue that a different approach is available. We can (...) define a conception of legitimacy independently from a conception of justice, and then ask what legitimacy requires from our national allegiances. If everything goes well, much of the controversy from justice disappears as we find that the case for cultural nationalism may be illegitimate for liberal democracies. (shrink)

This article offers a critical analysis of David Miller’s proposal that liberal immigration policies should be conceptualized in terms of a quasi-contract between receiving nations and immigrant groups, designed to ensure both that cultural diversity does not undermine trust among citizens and that immigrants are treated fairly. This proposal fails to address sufficiently two related concerns. Firstly, an open-ended, quasi-contractual requirement for cultural integration leaves immigrant groups exposed to arbitrary critique as insufficiently integrated and unworthy of trust as citizens. Secondly, (...) the focus on national culture instead of citizenship obfuscates the close link between political membership and political trustworthiness. An examination of two models of interpersonal trust, affective and cognitive,shows that there is no room for the mid-way position associated with a quasi-contract. The effect of grounding political trust in a shared national culture instead of democratic institutions is to normalize the domination of immigrants and citizens alike. (shrink)

Temporary labour migration programs are often proposed as a way to provide the benefits of migration in general, while mitigating the allegedly problematic effects of permanent migration. Here I propose that the arguments deployed in favour of temporary labour migration over permanent migration are flawed, normatively, and that empirically temporary labour migration programs produce effects in receiving states that are even worse than those (allegedly) produced by permanent migration. As a result, I shall argue that, for reasons of consistency, advocates (...) of restricting permanent migration should support restricting temporary labour migration programs as well. I conclude not by arguing that temporary labour migration programs should be abandoned, but rather that we must focus more seriously on re-constructing temporary labour migration programs that do not produce these dilemmas, as well as on generating policies that alleviate the challenges they often pose in receiving societies. (shrink)

Demokratien geraten zunehmend unter Druck. Dabei wird die Bedeutung von Demokratie selbst zum Gegenstand der Auseinandersetzung. Diese Auseinandersetzungen nimmt der vorliegende Band zum Anlass, die Bedeutung von Demokratie grundsätzlich zu untersuchen. Mit dem Begriff der Konstituenzien sind dabei jene wesentlichen Bedingungen gemeint, die Demokratie ausmachen. Die meisten dieser Bedingungen sind normativ. Was Demokratie ist, wird auch und gerade dadurch bestimmt, was Demokratie sein sollte. Damit geht es um jene Normen, deren Verwirklichung politische Praktiken zu demokratischen Praktiken macht. Sind diese Normen (...) nur eingeschränkt verwirklicht, mindert sich der demokratische Gehalt von Politik. Inwieweit ist dann nun aber eigentlich der Fall? Und was können wir dagegen tun? Antworten auf diese Fragen geben einschlägige Vertreterinnen und Vertreter aus Philosophie, Politik- und Rechtswissenschaft. (shrink)

Increasingly, western democratic countries are bearing witness to immigrant protest, that is, protest by immigrants who are dissatisfied with their status in the host community. In protesting, the immigrants object to the ways in which various laws and practices have proved to be obstacles to their full integration. Because immigrants, upon entering, have consented to abide by the rules and regulations of the host state, it might be thought that these forms of civil disobedience are, effectively, contract violations. Immigrants might (...) therefore be thought to have a particularly stringent duty to abide by the laws of their host state. This paper evaluates whether immigrants are indeed under a special duty to abide by the laws of their host state. First, it suggests that it is useful — although incomplete — to apply the device of the ‘contract’ to understanding the relationship between new immigrants and the host community. Second, it argues that there are limits to what can be demanded of and by immigrants as well as of and by host communities. It then turns to offering principles that help to evaluate the motivations of immigrant protestors, as well as that help guide their actions, when they believe that the community they have joined is treating them unjustly. These principles suggest that immigrant protest actions are subject to the restriction that they do not undermine the possibility of an inclusive democratic community. (shrink)

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, (...) inherently admits that there exist such differences between individuals. This allows neo-fascists to distinguish between themselves and ?others?, immigrants not sharing their cultural heritage, and to claim the need for protecting such a cultural heritage through exclusion of others. As this article attempts to claim, immigrants will not benefit from multiculturalism, but the right of the radical integralist in its different versions. (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)

Recent years have witnessed an explosion of debate re what democratic theory has to say about the boundaries of democratic peoples. Yet the debate over the ‘democratic boundary problem’ has been hindered by the way contributors work with different understandings of democracy, of democratic legitimacy and of what it means to participate in a demos. My argument is that these conceptual issues can be clarified if we recognize that the ‘demos’ constitutive of democracy is essentially dual in character: it must (...) be defined from a third-person, observer’s perspective from which it can be represented as a whole entity; but it must also be seen as arising out of an association of numerous and ongoing second-person relationships that participants negotiate among one another. Both perspectives are essential to conceptualizing the demos, but their relation to each other has been obscured by democratic theory’s historical reliance on the imaginary of the sovereign state. Drawing on literature from deliberative democratic theory, this article reconstructs the concept of the demos in a way that better distinguishes the logic of democracy from the logic of the state, allowing us to think more clearly about how demotic boundaries may be subjected to standards of democratic legitimation. (shrink)

Trust is a central element of any well-functioning democracy, and the fact that it is widely reported to be on the wane is a worrisome phenomenon of contemporary politics. It is therefore critical that political and social philosophers focus on efforts by which to rebuild trust relations. I argue that a shared public culture is up to the task of trust-building, for three reasons. First, a shared public culture gives citizens an insight into the motivations that inspire fellow citizens to (...) action. Second, a shared public culture serves to generate both positive and negative sanctions, an understanding of which helps citizens to predict how their fellow citizens will behave. Third, a shared public culture generates a sense that we belong together. There are, of course, many communities that can reasonably be interpreted as having a shared public culture, even though they are characterized by low levels of trust. This observation leads me to suggest two features that a shared public culture must have in order to facilitate the emergence of trust relations: citizens must be willing to cooperate and they must be willing to submit to common institutions that will be responsible for coordinating this large-scale cooperation. If these conditions are fulfilled, a shared public culture will serve as a reliable source of trust relations. (shrink)

Arguments from stability for liberal nationalism rely on considerations about conditions for the feasibility or stability of liberal political ideals and factual claims about the circumstances under which these conditions are fulfilled in order to argue for nationalist conclusions. Such reliance on factual claims has been criticised by among others G. A. Cohen in other contexts as ideological reifications of social reality. In order to assess whether arguments from stability within liberal nationalism, especially as formulated by David Miller, are vulnerable (...) to a comparable critique, the rationale for their reliance on factual claims is discussed on the basis of a number of concerns in John Rawls’s political liberalism. The concern with stability in liberal nationalism differs from stability in Rawls’s work, mainly because of the stronger non-ideal or ‘realist’ focus of the former. In so far as the ‘realism’ of arguments from stability for liberal nationalism is recognized, they are not vulnerable to the reification charge. But if the arguments are construed as realist, this at the same time makes for other tensions within liberal nationalism. (shrink)

Many authors have argued that we should make a clear conceptual distinction between mononational and multinational states. Yet the number of empirical examples they refer to is rather limited. France or Germany are usually seen as mononational, whereas Belgium, Canada, Spain and the UK are considered multinational. How should we classify other cases? Here we can distinguish between (at least) two approaches in the literature: statistical (i.e., whether significant national minorities live within a larger state and, especially, whether they claim (...) self-government) and subjective (i.e., when citizens feel allegiance to sub-state national identities). Neither of them, however, helps us to resolve the problem. Is Italy multinational (because it contains a German-speaking minority)? Is Germany really mononational (in spite of the official recognition of the Danes and the Sorbs in some Länder)? On the other hand, is Switzerland the “most multinational country” (Kymlicka)? Let us assume that there is no definite answer to this dilemma and that it is all a matter of degree. There are probably few (if any) clearly mononational states and few (if any) clearly multinational states. Should we abandon this distinction in favour of other concepts like “plurinationalism” (Keating), “nations-within-nations” (Miller), “postnational state” (Abizadeh, Habermas), or “post-sovereign state” (MacCormick)? The article discusses these issues and, in conclusion, addresses the problem of stability and shared identity “plural” societies. (shrink)

Over the last decade, states have increasingly emphasised the importance of integration, and translated it into legal regulations that demand integration from immigrants. This paper criticises a specific aspect to this development, namely the tendency to make permanent residency dependent on language skills and, as such, seeks to raise doubts as to the moral acceptability of the requirement of linguistic integration. The paper starts by arguing that immigrants after a relatively short period of time acquire a moral claim to permanent (...) residency in their host country. Accordingly, states may not limit residency at their discretion. Nevertheless, three arguments may seem promising for defending the requirement of linguistic integration: that the immigrants’ moral claim conflicts with a stronger moral claim on the part of the larger society, and this makes an infringement of the immigrants’ claim proportionate; that language requirements may be legally demanded as a precondition for permanent residency for the immigrants’ own sake; and that language requirements are defensible, as far as immigrants may be understood to have consented to such regulation upon entry to the country. This paper argues that all three must be rejected. (shrink)