In chapter one I firstly critique some contemporary family-resemblance approaches to the category woman, and claim that they do not take sufficient account of dis-semblance, that is, resemblances that people have in common with members of the contrast category man. Second, I analyze how the concept of woman is semantically contestable: resemblance/dissemblance structures give rise to vagueness and to borderline cases. Borderline cases can either be included in the category or excluded from it. The factors which incline parties in a (...) dispute about membership to include or exclude depend on metaphysical, ethical, or political background assumptions. In chapter two, I begin by considering the harms suffered by transgender persons through “misgendering”, the deployment of gender terms which inflict psychological harms upon transgender persons, place them in situations of injustice, or diminish their self-respect. Such deployments are morally contestable: they can be challenged on ethical grounds. Several characterisations of the term ‘woman’ proposed in the feminist literature are critiqued from this perspective. In chapter three, I elaborate a broadly liberal approach to gender pluralism. The approach involves: i) the public toleration of gender practices and beliefs which contest prevalent gender norms; and ii) state-gender neutrality. Public toleration allows gender non-conforming practices and beliefs within public space. State gender-neutrality consists mainly in the removal from law and government policy of provisions which assume compliance with prevalent conceptions of gender. (shrink)

Proceduralists hold that democracy has a non-instrumental value consisting in the ideal of equality incorporated by fair procedures. Yet, proceduralism does not imply that every outcome of a democratic procedure is fair per se. In the non-ideal setting of constitutional democracies, government and legislative decisions may result from factional conflicts, or depend on majoritarian dictatorships. In these circumstances, Supreme Courts provide a guardianship against contested outcomes by enacting mechanisms of checks and balances, constitutional interpretation and judicial review. Yet, in virtue (...) of this role, Supreme Courts exercise a form of epistocratic power, which rests at odds with the ideal of political equality. We analyse this dilemma and propose a solution, arguing that Supreme Courts do not run unrestrained decisions; rather their decisional power is bound to the protective function of fundamental rights, in which their constitutional mandate ultimately consists. (shrink)

Can recognition theories distinguish legitimate from illegitimate claims to recognition put forward by social movements? This paper identifies an under-theorised problem of recognition theories: in viewing struggles for recognition as a force for social progress in the mould of the New Social Movements of the 1960s and 1970s, existing accounts have trouble identifying and ruling out illegitimate claims to recognition as formulated by contemporary counter-movements like white supremacists or men’s rights activists. I refer to this issue as the symmetry problem (...) of recognition since it amounts to difficulties in identifying grounds for excluding illegitimate claims to recognition that do not also symmetrically justify the exclusion of legitimate ones (and vice versa). I argue that criteria for telling apart legitimate from illegitimate claims to recognition need to include interpretation issues as a dimension of analysis, which consequently requires incorporating democratic deliberation as a necessary component of recognition theory. (shrink)

Deliberative democrats responding to the challenge of fostering reciprocity and civic friendship discourage in-group deliberations, taking them to stoke hostilities and preclude the possibility of sociability between groups. In opposition to these views, I argue that in-group deliberation presents itself as a promising, yet underappreciated, normative category for conflict transformation. I support this claim with reference to the observation that deliberative exchanges among like members are just as, if not more, consequential in the facilitation of positive actor transformations than deliberations (...) among unlike members, especially when antipathy defines group relations. (shrink)

In this paper, we develop an understanding of recognition in terms of individuals’ capacity for conflict. Our goal is to overcome various shortcomings that can be found in both the positive and negative conceptions of recognition. We start by analyzing paradigmatic instances of such conceptions—namely, those put forward by Axel Honneth and Judith Butler. We do so in order to show how both positions are inadequate in their elaborations of recognition in an analogous way: Both fail to make intelligible the (...) fundamental nexus between relations of recognition and individuals’ capacity for conflict. We then move on to reconsider aspects of Hegel's view of recognition—ones that, from our viewpoint, have been unjustly neglected in the debate about recognition: his focus on the constitution of relations of recognition in conflict and on the status of being an author of acts of recognition. On this basis, we then spell out in a more systematic way what we take to be a more convincing conception of recognition. This puts us in the position to gesture at some consequences of this conception in practical contexts, above all with regard to the justification, role and structure of political institutions. (shrink)

This paper interrogates a ‘positive’ view of culture’s (potential) role in widening compliance with international human rights standards, which (1) concentrates on the ‘cultural’ bases of conflict over rights and, in consequence, (2) focuses primarily on cultural interpretation as a means of achieving greater respect for rights norms. The thrust of the paper is that the relationship between culture and human rights norms is much more complex than this positive perspective implies and, this being so, that some of its claims (...) about the potential benefits of cultural interpretation for widening rights compliance are hard to sustain. I substantiate this argument by exploring five challenges to this approach. (shrink)

This paper argues that Amartya Sen’s comparative approach to justice requires a politics that is attentive to the agency of the other. Rethinking representation as a relational, rather than a sovereign, concept captures the relationship between agency and justice that is emerging in global politics today. It is increasingly common that non-governmental actors engage with communities through practices of trust and responsibility without appeal to political authority. Relational representation helps clarify the dynamics of these relationships and provides a way to (...) think about their purpose. That purpose is to effect changes that ameliorate suffering and injustice, working to re-present the represented persons as more capable persons, more free to use their agency. (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)

This paper contrasts three non-skeptical ways of explaining and reconciling political struggles: monologue, instrumental dialogue, and a comparative dialogical approach promoted by Charles Taylor and James Tully. It surveys the work of Taylor and Tully to show three particular family resemblances: their emphasis on practice, irreducible diversity, and periodic reconciliation. These resemblances are evident in the way they employ dialogical approaches to explain struggles over recognition and distribution. They describe these as dialogical actions, and suggest that a form of dialogical (...) comparison might reconcile their various contested demands. (shrink)

Since the late twentieth century, republicanism has been the subject of renewed interest in contemporary political theory. In France, subsequent to 1989, this revival brought debates about cultural and religious diversity to the philosophical forefront. Thus, it is now possible to distinguish between a plurality of perspectives, each claiming specific interpretations of republicanism and each positioning itself differently to meet these cultural and religious challenges. This article situates the Report of the Committee of Reflection on the Application of the Principle (...) of Secularity in the Republic with regard to these issues. (shrink)