Liberalism and pluralism are seen as being in tension in liberal Western nation-states, while multiculturalism, as a policy of resource allocation to minority groups, has been the standard response to pluralization. This limits the pluralist potential of a constitutional liberalism. The fusion of a liberal theory of autonomous individuality with a pluralist theory of multiple belonging has to look beyond multicultural policy in order to enhance liberal commitments to citizens through pluralist provisions. An analysis of the Indian Constitution's Fundamental Rights, (...) as a normative document, shows that the citizen can be understood as an autonomous individual given identity through belonging to a plurality of groups. Consequently, rights are taken to accrue to all citizens equally as autonomous individuals, but also by virtue of their belonging to groups, with special provisions made available for vulnerable ones. Rights for a plurality of vulnerable groups should not be seen as illiberal additions but integral to the conception of liberalism. If such a view of citizenship were to be integrated into the liberal constitutions of irreversibly pluralizing Western democracies, then a pluralistic constitutional patriotism could be fostered amongst members of vulnerable groups, while demonstrating that standard liberal rights guarantee equal citizenship for all. (shrink)

After a recent spate of terrorist attacks in European and American cities, liberal democracies are reintroducing emergency securitarian measures that curtail rights and/or expand police powers. Political theorists who study ESMs are familiar with how such measures become instruments of discrimination and abuse, but the fundamental conflict ESMs pose for not just civil liberty but also democratic equality still remains insufficiently explored. Such phenomena are usually explained as a function of public panic or fear-mongering in times of crisis, but I (...) show that the tension between security and equality is in fact much deeper and more general. It follows a different logic than the more familiar tension between security and liberty, and it concerns not just the rule of law in protecting liberty but also the role of law in integrating new or previously subjected groups into a democratic community. As liberal-democratic societies become increasingly diverse and multicultural in the present era of mass immigration and global interconnectedness, this tension between security and equality is likely to become more pronounced. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 97-121, May 2022. Republicans hold that people are unfree if they are dominated, that is, if others have an insufficiently constrained ability to frustrate their choices. Since legislation can frustrate individuals’ choices, republicans believe that the design of legislative institutions has consequences for individual freedom. Some have argued that if legislative institutions are democratic, then they need not be sources of domination at all. We argue this view is incorrect: the introduction (...) of legislative authority, even if democratically organized, always creates a new site of domination. However, republicans can defend democratic procedures as the best means of minimizing the degree to which citizens are dominated, subject to the constraint of equalizing everyone’s freedom. We formulate and prove this claim within a simple model of legislative authority and domination. (shrink)

This article brings into conversation two important literatures in contemporary political theory that have, for the most part, failed to engage one another: work spanning more than two decades on multiculturalism and identity politics, and neo-republican work on nondomination. The authors take as their starting-point two widely endorsed claims: that identities are constructs and that state actors play a crucial role in their construction. Their question is how democratic states should shape identity, and their central claim is that states should (...) do so in ways that promote what they call democratic nondomination. This ideal, they stress, is multifaceted. It has both an action-level and a system-level component. In addition, it has both an inter-agentive and an impersonal dimension. Attending to democratic nondomination in its complexity is crucial to the project of evaluating alternative possible forms of state identity construction. (shrink)

Untangling the relationship of law and liberty is among the core problems of political theory. One prominent position is that there is no freedom without law. This article challenges the argument that, because law is constitutive of freedom, there is no freedom without law. I suggest that, once properly understood, the argument that law is constitutive of freedom does not uniquely apply to law. It also applies to social norms. What law does for freedom, social norms can do too. Thus, (...) I claim the question facing us is not the easy one of either law or social norms. Respecting this draws attention to the unique risks to our freedom introduced by both sets of norms. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 491-513, July 2022. This article is an exercise in theory-building about the stories that justify, feed upon, and reproduce systems of oppression. I argue that emotional narratives contribute to the constitution and reproduction of systems of oppression, and that different emotional narratives constitute different forms of oppression. I examine two of these emotional narratives: a narrative articulated around pity and a narrative that draws on fear. I propose that the former (...) prevails when those in power do not perceive the members of the oppressed group as posing a threat to their power structure, in turn inducing low-intensity charitable state action. Conversely, narratives that deploy fear prevail when the group in power believes that the oppressed group presents a threat to their power structure, in turn eliciting high-intensity repressive state action. While narratives of pity recur to the infantilization of the members of the disadvantaged group, narratives of fear animalize them. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 491-513, July 2022. This article is an exercise in theory-building about the stories that justify, feed upon, and reproduce systems of oppression. I argue that emotional narratives contribute to the constitution and reproduction of systems of oppression, and that different emotional narratives constitute different forms of oppression. I examine two of these emotional narratives: a narrative articulated around pity and a narrative that draws on fear. I propose that the former (...) prevails when those in power do not perceive the members of the oppressed group as posing a threat to their power structure, in turn inducing low-intensity charitable state action. Conversely, narratives that deploy fear prevail when the group in power believes that the oppressed group presents a threat to their power structure, in turn eliciting high-intensity repressive state action. While narratives of pity recur to the infantilization of the members of the disadvantaged group, narratives of fear animalize them. (shrink)

Authors like Iris Young and Philip Pettit have come up with proposals for theorizing ‘structural injustice’ and social relations marred by ‘domination’. These authors provide conceptual tools for f...

This article is an exercise in theory-building about the stories that justify, feed upon, and reproduce systems of oppression. I argue that emotional narratives contribute to the constitution and reproduction of systems of oppression, and that different emotional narratives constitute different forms of oppression. I examine two of these emotional narratives: a narrative articulated around pity and a narrative that draws on fear. I propose that the former prevails when those in power do not perceive the members of the oppressed (...) group as posing a threat to their power structure, in turn inducing low-intensity charitable state action. Conversely, narratives that deploy fear prevail when the group in power believes that the oppressed group presents a threat to their power structure, in turn eliciting high-intensity repressive state action. While narratives of pity recur to the infantilization of the members of the disadvantaged group, narratives of fear animalize them. (shrink)

This article argues that all-affected principle needs to be reconceptualized to account for the differences in the historical and current social position of those who are or who should be making legitimacy claims. Drawing on Butler’s theory of vulnerability, this article advances a new and more robust all-affected principle that affords a stronger claim to legitimacy to those most-deeply affected by both the current decision in question and the historical process and practices shaping the choices available. In particular, this article (...) identifies three sets of exclusions of groups and claims that drive this reformulation: first, cases of historical injustice such as indigenous peoples; second, cases of current processes of minoritization which silence or render some groups and opinions as marginal such as women, ethnic minorities or even people in lower economic classes; and third, cases of state establishment of boundaries and ‘worthy’ citizenship such as refugees making claims for relocation and asylum. (shrink)