The article presents a model of performative agency in capitalist societies. The first section reconsiders the problem of third-dimensional power as developed by Steven Lukes, focusing on the relationships between universal human needs and social forms. The second section uses the concepts of the ‘self’, ‘I’ and ‘person’ to characterize the relationships between human nature, affect, individual alienation, social institutions and personal judgement. Alienation is argued to be inherent in human agency, rather than being solely created by capitalism. The next (...) section applies this analysis within an agonal theory of civil society that is driven by the individual’s performative participation in associations that compete within institutional settings. Finally the article considers the political ramifications of this model, rejecting contemporary constitutionalist approaches in favour of a revised form of pluralist associationalism. Throughout, the article warns of the dangerous marginalization of emotions (or ‘affect’) by excessively self-conscious, rationalist approaches such as Mead’s social theory, liberal universalism and even some performative theories. (shrink)

For well over a decade, much of liberal political theory has accepted the founding premise of Rawls's political liberalism, according to which the fact of reasonable pluralism renders comprehensive versions of liberalism incoherent. However, the founding premise presumes that all comprehensive doctrines are moral doctrines. In this essay, the author builds upon recent work by Allen Buchanan and develops a comprehensive version of liberalism based in a partially comprehensive social epistemic doctrine. The author then argues that this version of liberalism (...) is sufficiently accommodating of the fact of reasonable pluralism. The conclusion is that the founding premise of political liberalism admits of a counterexample; there is a version of comprehensive liberalism that is sufficiently pluralistic. (shrink)

Contemporary liberal democracy employs a conception of legitimacy according to which political decisions and institutions must be at least in principle justifiable to all citizens. This conception of legitimacy is difficult to satisfy when citizens are deeply divided at the level of fundamental moral, religious, and philosophical commitments. Many have followed the later Rawls in holding that where a reasonable pluralism of such commitments persists, political justification must eschew appeal to any controversial moral, religious, or philosophical premises. In this way, (...) the Rawlsian account of public political justification involves a politics of omission, where citizens are expected to bracket off their most fundamental commitments and seek justifications that draw only from uncontroversial premises. This politics of omission is necessary, Rawls argues, for political stability. But there is good social epistemic evidence for the view that the politics of omission encourages insularity among like-minded groups, and that this insularity in turn generates extremism. So omission is likely to lead to instability, not stability. (shrink)

Anna Elisabetta Galeotti’s theory of ‘toleration as recognition’ has been criticised by Peter Jones for being conceptually incoherent, since liberal toleration presupposes a negative attitude to differences, whereas multicultural recognition requires positive affirmation hereof. The paper spells out Galeotti’s justification for recognition as a requirement of liberal justice in detail and asks in what sense the policies supported by Galeotti are policies of recognition. It is argued that Jones misrepresents Galeotti’s theory, insofar as this sense of recognition actually is compatible (...) with liberal toleration. This does not prove Jones’s criticism to be wrong, since the justification may have implications unacknowledged by Galeotti, which might be liberally problematic. The paper considers this problem and possible ways of responding to it, but concludes that Galeotti’s theory is incomplete in respects that need to be filled out in order to secure compatibility with liberalism, and that this may prove problematic. (shrink)

The rise of regional identities in Europe is a process largely welcomed by liberals and especially applauded by radical democratic and postcolonial theorists. Yet this trend towards post-nation-state identity is not only attractive to democratic and postcolonial theories, but is also an integral part of current neo-fascist ideologies. This article examines the intellectual origins of rightwing ethnoregionalism and the idea of ‘exclusionist multiculturalism’ through the works of Pierre Drieu La Rochelle and Alain de Benoist. It also compares the idea of (...) exclusionist ‘regional’ multiculturalism with liberal multiculturalism and defends a democratic, civic republicanism as an alternative to both. (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)

Many political theorists believe that a state cannot be neutral when it comes to languages. Legislatures cannot avoid picking a language in which to conduct their business and teachers have to teach their pupils in a language. However, against that, some political liberals argue that liberal neutrality is consistent with the state endorsement of particular languages. Claims to the contrary, they say, are based on a misguided understanding of what neutrality is. I will argue that this line of argument fails, (...) for two reasons. First, the primary challenge to which political liberals should respond is not that of reconciling the promotion of languages with liberal neutrality but, rather, that of reconciling liberal neutrality with the fact that reasonable people disagree about the existence and nature of languages. Second, even if everyone accepted the existence of languages along essentialist lines, one should still doubt the possibility of state neutrality with respect to them, regardless of the conception of neutrality one prefers. The reason why is that human beings cannot care about or value languages so when a state promotes a particular language, it is not supporting the preferences of its citizens but, rather, acting on perfectionist or simply irrational grounds. (shrink)

In this paper I will argue that liberal multiculturalism is neither a necessary nor a convincing extension of liberalism. In evaluating the two main strands of liberal multiculturalism, I will first analyse the approaches of Charles Taylor and Bhikhu Parekh as the main proponents of the version that focuses on the cultures themselves and raises the issue of the value of cultures in connection with public discourse. I will then turn to Amy Gutmann and Will Kymlicka as liberal multiculturalists who (...) use the liberal norm of individual equality as a starting point. I will show that the arguments adduced in favour of liberal multiculturalism fail, due to the following shortcomings. Taylor’s approach is underspecified with respect to the relationship between the process of evaluating cultures and its outcome. Gutmann’s theory fails to bridge the gaps between the individual, cultural belonging and positive duties of the state. Parekh’s and Kymlicka’s theories lead back to liberalism. I conclude that the idea of cultural difference has little of substance to add to the liberal view of social justice. (shrink)

Should the liberal state accommodate the cultural traditions of minority groups even if these traditions infringe upon the rights of women? This article discusses two empirical cases that pose just this problem for public policy in the Netherlands: requests for surgical reconstruction of the hymen and gender-selective abortion. While hymen reconstruction is linked to a cultural norm that young women, but not young men, remain virgins until marriage, sex-selective abortion is linked to a cultural preference for sons. The autonomy of (...) women is at issue in these cases in two ways: the traditions limit their autonomy, yet it is the women who demand the medical intervention. The cases illustrate the complexities of women's agency under oppressive social conditions. The author develops a moral argument concerning these two cases that understands the women in question as moral agents, while taking into account these complexities. The article does not pit multicultural and feminist concerns against each other. Instead, it is argued that good feminism may well require acts of multiculturalism. It is not desirable, so it is argued, to restrict access to abortion or to ban hymen repair. (shrink)

This paper investigates the right of exit from religious associations. The liberal state has a compelling interest in overseeing exit, even if it implies some loss in religious group autonomy. Members should not be bound by rules they find unconscionable. They should be free to leave and able to do so. To enable exit, the paper advocates the use of membership contracts. Religious associations should issue a contract for members working for, residing in, or donating money to the association under (...) a regime of legal exemptions. The membership contract publicises the right of exit and offers a basis for negotiating and contesting its terms. It makes exit less “unthinkable” to members and helps tackle unreasonable economic costs to exit. (shrink)

This paper provides an interpretation of the licensing provisions envisaged under the Human Fertilisation and Embryology Act 1990 as a model for a rule and exemption-based procedural strategy for the adjudication of potential ethical controversies, and it offers an account of the liberal-democratic legitimacy of the procedure’s outcomes as well as of the legal procedure itself. Drawing on a novel articulation of the distinction between exceptions and exemptions, the paper argues that such a rule and exemption mechanism, while not devoid (...) of attractions, is not immune from the criticisms often levied against procedural approaches to the management of pluralism: it either has to fall back on substantive justification in ways that are not helpful when trying to arbitrate a moral controversy, or it appears justificatorily groundless. (shrink)

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 (...) upon a Kantian account of moral dialogue and indeed moral personhood that he remains unwilling to claim. Recognizing this latent Kantianism is essential to a thorough assessment of Parekh’s work on identity, and his criticisms of other theorists. It is only because of his ambiguity that his multiculturalism is able to avoid the sort of charges that he levels against other responses to diversity, including those of such authors as Rawls, Habermas, Kymlicka, and Raz. (shrink)

Without taking a position on the overall justification of anti-doping regulations, I analyse the possible justification of Therapeutic Use Exemptions from such rules. TUEs are a creative way to prevent the unfair exclusion of athletes with a chronic condition, and they have the potential to be the least bad option. But they cannot be competitively neutral. Their justification must rest, instead, on the relevance of intentions to permissibility. I illustrate this by means of a set of thought experiments in which (...) only an athlete’s intentions vary. I argue that the Doctrine of Double Effect sheds some light on TUEs and illustrate this by applying different readings of the DDE to the thought experiment. This underpins a justification of anti-doping exemptions very different from the approach adopted by the World Anti-Doping Agency. I argue for three changes to bring TUEs in line with this understanding: rewriting of the regulations, transparency, and a greater role for athletes in determining what exemptions are allowed, and when. (shrink)

This paper reinvestigates the question of liberal neutrality. We contend that current liberal discussions have been dominated—if not hijacked—by one particular interpretation of what neutrality could imply: namely, exclusive neutrality, aiming to exclude religious and cultural expressions from the public sphere. We will argue that this is merely one among several relevant interpretations. To substantiate our claim, we will first elaborate upon inclusive neutrality by formulating two supplementary interpretations: proportional neutrality and compensatory neutrality. Second, we will argue that inclusive proportional (...) neutrality is the most appropriate interpretation in many contexts. Our discussion highlights the fact that some political disputes should not be seen in terms of the antithesis between liberal neutrality and illiberal alternatives but, instead, as a clash between various valid but incompatible interpretations of what liberal neutrality may imply. (shrink)

In recent years there has been much debate over whether recognition has displaced, or should displace, redistribution as the pre‐eminent concern of contemporary politics. That debate is not about whether we should continue to pursue an egalitarian ideal, since equality is as much a goal for the politics of recognition as it is for the politics of redistribution. In this essay, I address only issues of recognition and ask what kind of equal recognition we can reasonably demand or pursue. I (...) argue that we can expect to secure equal recognition of difference or particularity only if that recognition is mediated by more general forms of recognition. Certainly that approach is implied if we hold that difference should be recognised because that difference matters to the recognised rather than to the recogniser. Thus, I challenge the prevailing view that the politics of difference should replace the politics of universalism; rather, the politics of difference presupposes a form of universalism. I also use a distinction between status and merit recognition to indicate the difficulties that confront the goal of equal recognition if we insist that particularity or difference should be the object of unmediated recognition. I use cultural and religious identities as the main foci for my argument, but I also consider how far that argument translates to issues of sexuality and gender. (shrink)

Theories of multiculturalism explore whether minority cultural groups have rights and claims that limit the nation-building aims of the modern state and that protect a space in which minorities can...

In the debate on conscientious objection in healthcare, proponents of conscience rights often point to the imperative to protect the health professional’s moral integrity. Their opponents hold that the moral integrity argument alone can at most justify accommodation of conscientious objectors as a “moral courtesy”, as the argument is insufficient to establish a general moral right to accommodation, let alone a legal right. This text draws on political philosophy in order to argue for a legal right to accommodation. The moral (...) integrity arguments should be supplemented by the requirement to protect minority rights in liberal democracies. Citizens have a right to live in accordance with their fundamental moral convictions, and a right to equal access to employment. However, this right should not be unconditional, as that would unduly infringe on the rights of other citizens. The right must be limited to cases where the moral basis is more fundamental in a sense that all reasonable citizens in a liberal democracy should accept, such as the constitutive role of the inviolability of human life in liberal democracies. There should be a legal, yet circumscribed, right to accommodation for conscientious objectors refusing to provide healthcare services that they reasonably consider to involve the intentional killing of a human being. (shrink)

Within now prolific debates surrounding the compatibility of feminism and multiculturalism in liberal societies, the need arises for a normative conception of women’s self-determination that does not violate the self-understandings or values of women of different backgrounds and forms of life. With reference to the recent British debate about forced marriage, this article proposes an innovative approach to this problem in terms of the idea of ‘plural autonomy’. While the capacity for autonomy is plural, in the sense of varying across (...) cultures, autonomy in any world-view involves a capacity to ‘endorse’ one’s decisions in certain crucial spheres of life. Non-endorsement, coercion or force occurs if one risks being alienated from the (cultural) goods and relationships that structure one’s capacity to act in the world. This approach counsels more caution than prominent liberal approaches with respect to negotiating the contested boundary between freedom and force in a diverse society. (shrink)

This paper defends the claim that private associations might be legitimately constrained by a requirement of reasonableness. I present a list of goods that freedom of association protect, and argue that the limits to associational freedom have to be sensitive to the nature of these goods. In defending this claim, I cast doubt on two popular liberal arguments: One is that attitudes cultivated in the private sphere are not likely to spill over into the public arena. The other is that (...) governmental intervention into the inner life of private associations will jeopardise attaining some associational goods. I challenge these assertions in two ways: First, I argue that the value of associations cannot be measured only in terms of the effects it has on their members. We should also pay attention to the long-term effects on society. Second, I argue that imposing some constraints on the sorts of activities associations might pursue does not necessarily threaten any associational good. These challenges are backed up by research coming from social psychology that suggests that an important part of human behaviour is automatic. I focus on the automaticity of social stereotypes and their causal effectiveness in producing behaviour. The upshot of the argument is that spillover effects are likely to happen. I argue that this is problematic for liberalism because citizens have an interest in exercising a sense of justice. The fact that racist or sexist attitudes cultivated in private spills over the public sphere provides weighty reasons to intervene in those associations. (shrink)

This article argues that today’s search for identity, in the context of the rise of a new spirituality and the decline of authoritative memories, facilitates the forging of a new connection between soul and memory and enhances the importance of traumatic memories. Consequently, we witness the sacralization of memory which in unsettled times, when memories tend to become fixed and frozen, can undermine intergroup cooperation. The article asserts that an ethical burden, prompted by viewing memory as the surrogate of the (...) soul and the overrating of the importance of the politics of identity, can result in the displacement of public concerns with private ones. It stresses a need to rethink what kind of memory is compatible with a just, pluralist and cohesive democratic system. (shrink)

Globalization is not just an economic phenomenon as economic transactions cannot take place without parallel flows of ideas, cultural products and people. The traditional notion of immigrants, i.e. those who leave one country to settle into another while leaving behind their past, is inextricably linked to the other flows that constitute globalization. The traditional notions of immigrants, i.e. movements back and forth between sending and receiving countries have historically been a fact of life for many immigrant groups. However, what is (...) new about contemporary migration is the scale, diversity, density and regularity of such movements and the socioeconomic consequences that they have brought about are unmatched by the phenomena of the past (Portes & Guarnizo, 2002). Migration, development and international relations are thus closely linked (Castles, 1999, 2000a, 2000b). Indeed, by definition, international migrants have always crossed national borders. Whereas physical mobility concerns the observable act of crossing boundaries, psychological mobility refers to people’s attitudes towards this act (Lazarova & Taylor, 2009). Thus, sociological explanations of migration focus on the importance of cultural and social capital. Cultural capital refers to knowledge of other societies and the opportunities they offer, as well as information about how to actually go about moving and seeking work elsewhere. In this context, an understanding of diversity is warranted. (shrink)

Van Parijs’s Linguistic Justice for Europe and the World furthers a nascent examination of multilingualism within political philosophy, drawing on continental European contexts where multilingualism is the norm. Van Parijs argues, in effect for linguistic cosmopolitanism via English as the current world language, and this seems ostensibly to be a considerable improvement on ‘the untrammeled public monolingualism’ of Anglo-American political theory. However, Van Parijs’s account is flawed in four key respects. First, there is the fundamental problem of his reductionist account (...) of language – by which language is viewed only in terms of its communicative uses and reach and not in relation to its symbolic and identity functions. Second is his simplistic advocacy of English as a global lingua franca, which ignores issues of power and inequality, along with related delimited access to high-status English language varieties. Third are the inherent limitations associated with his advocacy of linguistic territoriality, which recognizes state-sanctioned languages but little else, thus failing to mitigate existing linguistic hierarchies. Finally, the wider argument for English as a global lingua franca is inevitably underpinned by a monolithic/hegemonic view of English itself. This monolithic conception of English stands in contradistinction, not only to the actual plethora of Englishes in the world today, but also, more importantly, to their widely varying status and use in furthering cross-communication and related notions of social and economic mobility. The latter thus fatally undermines Van Parijs’s central argument linking social and economic mobility ineluctably to access to English. (shrink)

This paper is concerned with the tensions that arise when one juxtaposes one important liberal understanding of the nature and use of state power in circumstances of pluralism and (broadly) retributive accounts of punishment. The argument is that there are aspects of the liberal theory that seem to be in tension with aspects of retributive punishment, and that these tensions are difficult to avoid because of the attractiveness of precisely those features of each account. However, a proper understanding of both (...) liberalism and retributive punishment allows us to dissolve some of the tensions whilst also bringing each position into sharper relief. The paper begins by introducing the liberal position and outlining the apparent tensions that may arise with retributive punishment. In so doing, there is also a brief discussion of how this debate relates to the more familiar dispute between legal moralists and their opponents. The paper then proceeds by considering each of the areas of tension in turn. (shrink)

This paper examines conflicts of rights and competing interests in the context of the British equalities framework. The expansion of the grounds of European Union and domestic discrimination law beyond the traditional categories of race and sex to also include disability, sexual orientation, gender identity, religion or belief and age has made this an important issue. In addition, the increasing recognition of ‘equality’ and ‘non-discrimination’ as important rights raises the spectre of conflict with other human rights such as the right (...) to freedom of expression. This is potentially a vast area for analysis. This paper is a selective treatment of some of the main issues. It sets out these issues and some general principles for reform as a first step in developing a principled approach to conflicts in equality law and policy. (shrink)

In recent decades, group autonomy approaches to have gained kgitimacy within both academic and policy circles. This article examines the centrality of group autonomy in the multiculturalism debate, particuhrly in the highly influential approach of Will Kymlicka. I argue that his response to the dilemmas of liberd-democratic multiculturalism relies on an underdeveloped conceptualization of group autonomy. Despite presumably good intentions, his narrow notion of cultural group autonomy obscures the requirements of minority group members' democratic capabilities and thereby works against the (...) kind of transformative change that "accommodated" groups are seeking from the state. Although some critics (Young 1990; Benhabh 2002) have gone so far as to reject autonomy-based approaches to accommodation altogether (Young 1990,251) I suggest that this position goes too far. In response, I offer an intermediary position between those that defend and those that reject an autonomy-based approach. Instead of fully rejecting autonomy as a guiàng principle for multiculturalism, I devebp an ethics of care approach to group autonomy based on relationality, which addresses the inadequacies of the dominant approach to multiculturalism. Such an account of group autonomy is a vital step toward recondling multiculturalism with the necessary components of Uberd-democratic citizenship. (shrink)

This paper intends to explain the problem of structural injustice. The Rawlsian theory of justice is problematic due to the reality of positional differences. The assumptions of Rawls are put into question. Oppression, according to Iris Marion Young, is social in character. Fair opportunity is not enough. To elaborate this critique, this study presents the exclusion of individuals with handicap, the problem of global justice, and the situation of women in patriarchal cultures. Some social rules and the behavior of people (...) discriminate the powerless. For instance, particular standards in society promote the high sense of respectability for professionals but not the respect for the equal dignity of persons. Procedures, laws, and policies manifest the prejudice against others. Beyond Rawls, the pursuit of justice and democratic inclusion, it is argued, requires overcoming unjust structures. (shrink)

O artigo apresenta algumas estratégias recorrentes para justificar os direitos culturais (tais como comunidade justificativa, o valor da diversidade, as teorias do reconhecimento da diferença cultural, o valor da autonomia, a justificação de igualdade) e as examina criticamente à luz de seus próprios méritos, a partir da perspectiva do liberalismo enquanto doutrina política. De acordo com o artigo, todas essas justificativas são fadadas ao fracasso.

In this article, we scrutinize several arguments that are frequently used to legitimize a ban on religious symbols for civil servants. Most arguments, however, do not stand up to the test of Rawlsian political liberalism. One argument stands out as underpinning such a general ban: state neutrality. While this argument has the most potential, we argue why it is still not decisive for a ban on all religious symbols for all civil servants. We conclude that from a political liberal point (...) of view the discussion is inconclusive, and therefore advocate a context-sensitive and balanced approach to the matter of civil servants’ dress code with respect to religious symbols. By arguing that political liberalism is indecisive, our position is different from both ‘exclusive neutrality’ and ‘inclusive neutrality’. (shrink)

The tradable refugee quota scheme constitutes one proposal for institutionalising the general right to asylum. The scheme allows states to purchase and sell quotas of refugees that are initially assigned to them through a collectivised status-determination process. In this paper I focus on examining the ethical dimensions of one particular component of the tradable refugee quota scheme: the market. I consider three objections against the quota trading practices: ‘the preference objection’, ‘the dignity objection’, and ‘the exploitation objection’. The first objection (...) suggests that the tradable quota scheme is problematic due to the fact that it fails to consider refugees’ desires regarding the final country in which asylum is provided. The second objection claims that the scheme demeans refugees and violates their dignity. The final objection claims that the scheme leads to the exploitation of weak countries. I argue that the objections fail to show that the tradable quota scheme is inherently problematic. I conclude that either the examined objections can be rejected or it is possible to address the concerns through specific institutional arrangements. (shrink)

This article explores the strategies followed by the International Olympic Committee for the achievement of gender equality. It is argued that this international body can go beyond simply adopting an equality of opportunities approach to gender equality. It suggests which other strategies can be incorporated for which it draws on the different ways of understanding gender equality in gender political theory.

Straddling the divide between universalism and relativism, agonistic reason as construed by Foucault and Castoriadis dismisses universal foundations without becoming context-bound or inescapably subjectivist. It is propelled by a strong commitment to freedom and it draws flexibly on available resources and its creative potentials in order to vindicate its conditional claims. This provides a hyper-critical and liberating mode of critical reason which delves into the underlying norms of agency in order to open them up to question and to enhance free (...) self-direction. The argument that is put forward, then, is threefold. Firstly, Castoriadis’ accent on ontological reflection, the imaginative disclosure of new figures and the global intent of critique contrasts with Foucault’s account of agonistic reason and yields a more robust version of critical rationality. Secondly, this form of reflective agonism can effectively address fundamental challenges and reason across contexts, tackling moral and other issues that arise from cultural innovation and exchange. Lastly, agonistic reason need not, and should not, call upon absolute principles on any level in order to uphold its own values and do justice to its radical others. (shrink)

In this paper, I attempt to revamp Confucian democracy, which is originally presented as the communitarian corrective and cultural alternative to Western liberal democracy, into a robust democratic political theory and practice that is plausible in the societal context of pluralism. In order to do so, I first investigate the core tenets of value pluralism with reference to William Galston’s political theory, which gives full attention to the intrinsic value of diversity and human plurality particularly in the modern democratic context. (...) I then construct a political theory of Confucian pluralist democracy by critically engaging with two dominant versions of Confucian democracy—Confucian communitarian democracy and Confucian meritocratic democracy. My key argument is threefold: (1) the unity in Confucian democracy should be interpreted not as moral unity but as constitutional unity; (2) Confucian virtues should be differentiated (or pluralized) between moral virtues and civic virtues; (3) in Confucian democracy minorities have the constitutional right to contest public norms in civil society. (shrink)

Multiculturalism has become a central theme in many academic disciplines from philosophy to education, social work and psychology, ultimately reaching political science and law. What seems to be unique in current studies on multiculturalism is not merely the observance and display of societies that happen to be diverse in terms of the religious, cultural, national and ethnic affiliation of their members. Rather, it is the central argument that such divergence is legitimate and should be accommodated. Accepting other groups in society (...) and the legitimacy of accommodating them has become a virtue of tolerance.This paper argues that we must first look into multicultural theory itself to discover what can be called ‘multicultural qualifications’. These are in essence pre-conditions without the presence of which group accommodations, even if granted based on group membership, should not be considered as multicultural in nature. With multicultural theory as a backdrop, this article intends to identify such multicultural qualifications. The Palestinian-Arab minority in Israel is studied in its constellation as both a national minority group and as a religiously diverse group as an object for testing the application of the identified multicultural qualifications. (shrink)

The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, (...) which have recently become a new topic of the human rights debate. This part provides the basis of political–philosophical justification and legal–theoretical conceptualization of collective rights, as rights directly vested in collective entities. The third part dwells on the problem of universality of collective rights. It differentiates between the three main collective entities in international law—peoples, minorities, and indigenous peoples—and investigates whether certain rights vested in these collectives might, according to Sen’s standard, acquire the status of the universal ones. After determining that some rights are, in principle, plausible candidates for such a status in international law, this paper concludes by taking notice of a number of the open issues that still need to be settled, primarily by the cooperative endeavor of international legal scholars and legal theorists. (shrink)

With some qualifications, this article endorses Brian Leiter’s argument that religious accommodation should not shift burdens from believers to non-believers. It argues that religious believers should take responsibility for their beliefs and for meeting the demands of their beliefs. It then examines the implications of that argument for British law on indirect discrimination as it relates to religion or belief: burden-shifting from believers to employers and providers of goods and services should be deemed acceptable only insofar as the burden incurred (...) by the employer or provider is ‘insignificant’. Legal exemptions should satisfy a similar test. Why should there be religious accommodation at all, even if it entails no significant burden-shifting? The author agrees with Leiter in finding the most plausible answer in the claims of conscience rather than in general theories of equality or features special to religion. Those claims can reasonably be made in respect of liberty of conscience but also when conscience is merely disadvantaged. (shrink)

This article explores the connection between politics and music; in particular it asks how music might be incorporated into accounts of political thought and action. Despite the fact that political science has tended to neglect the place of music in politics, there are a number of writers, such as Jean‐Jacques Rousseau, who have taken a different course. For them, music is intimately linked, via its aesthetics, to ethical judgements and to social order. The article develops these latter claims and connects (...) them to work of a similar kind in music studies to propose a framework which helps to make sense of, and give due weight to, the place of music – as organised sound – in political thought and action. Music, it is argued, should not be viewed just as a footnote to, or appendage of, political thought and action, but rather as an integral feature of them. (shrink)