In her article,?Beyond the Cultural Argument for Liberal Nationalism?, Margaret Moore provides a critique of this argument, and commends, as an alternative, an identity?based approach to liberal nationalism. Moore draws a distinction between identity and culture, and suggests that liberal nationalism should be founded on the former rather than the latter. This article argues, by contrast, that although identity and culture need to be distinguished, they are not as dissociable as Moore contends. It argues that the distinction between identity and (...) culture is of a kind resembling that between types and tokens? between abstractions and their instances. In so far as culture and language are tangible means by which we express our identity, then identity can be viewed as a type, which cultural components? like language? can instantiate as tokens. A defence of liberal nationalism, even if its starting point is identity, has to incorporate in its main argument an appeal to culture and language to make a case for the right to self?determination of peoples. (shrink)

This article defends a republican understanding of food sovereignty, according to which food sovereignty is the freedom of people to make choices related to food production, distribution and consum...

Is a policy of economic growth compatible with the neutrality of the State? Some liberals (Rawls, Dworkin, Ackerman, Larmore, Kymlicka) think so. I do not. I begin by explaining and discussing the different meanings of the neutrality thesis, then I show that, whatever meaning we give to the idea of neutrality, it is very difficult to argue convincingly that a policy of economic growth does not favour some conceptions of the good.

In this paper, I argue that participation in face-to-face social groups can make a crucial contribution to the inclusion of strangers into the social life of liberal democratic polities. First, I critically assess Alfred Schutz’s phenomenological analysis of “The Stranger” within the context of his overall conceptionof the “life-world.” I then argue that linguistic communication can only enable a partial integration of strangers into an alien group. This is due, I claim, to whatSchutz calls the “irreversibility of inner time,” i.e., (...) the meta-structure of temporality which prevents outsiders from fully internalizing the structures of an alienlife-world. Nevertheless, I conclude that strangers can join small groups and associations and, by participating in face-to-face relationships and activities, integrate into the common life of these groups. Thanks to a pre-communicative interaction with the other members of these groups, strangers can grasp those more intangible elements of the groups’ cultural background which cannot be rationalized and communicated through language. Participation in the social activities of face-toface groups provides strangers with a starting point for gradually integrating into the mainstream society. (shrink)

This paper assesses employees’ moral agency within corporate capitalism from a politically liberal standpoint. While political liberalism has spelt out its key institutional implications at state level, it has neglected moral agency at work, assuming that a rights-based state that secures freedom of contract, free choice of occupation and a free labour market within a fair context would protect it sufficiently. Yet two features of corporate capitalism constrain employees’ moral agency: the relation of authority that forms part of the work (...) contract and organisations’ fragmented decision-making processes. Both seem at odds with the liberal ideal of allowing people to live by their own conception of the good. Consequently, this paper examines whether political liberalism should recommend greater safeguards for protecting workers’ moral agency. It proposes a criterion for assessing corporate capitalism: the ‘moral space’ defined as the socially shaped opportunities for action that can be enacted or endorsed from a comprehensive perspective. It argues that liberals should favour arrangements that widen workers’ moral space and suggests institutional designs that may achieve this while remaining within liberal boundaries. (shrink)

The pursuit of equal citizenship has been complicated by two recent developments: the emergence of multi‐level governance (and with it the growing importance of local, regional and global levels of citizenship practices) and the emergence of group recognition claims (which signal the growing importance of particularised experiences and multiple inequality agendas). These developments shape the way citizenship is both practiced and analysed. Mapping neat citizenship models onto distinct nation‐states and evaluating these in relation to formal equality is no longer an (...) adequate approach. Comparative citizenship analyses need to be considered in relation to multiple inequalities and their intersections, and to multi‐level governance and trans‐national organising. This, in turn, suggests that comparative citizenship analysis needs to consider new spaces in which struggles for equal citizenship occur and new dynamics interactions between them. (shrink)

The objective of this article is to consider how multiculturalism, minority rights, and nationbuilding have been defended by Will Kymlicka. For this purpose, I will first attempt to spell out the answers to the following questions: is it possible to defend minority rights in a liberal state? What is the problem regarding this defence of national minorities? Does anybody benefit from minority rights within a nationbuilding process? In order to find out the answer to these questions, I will first introduce (...) the main line of thought found in Will Kymlicka’s views on the defence of the rights of national minorities, the nationbuilding process, and multiculturalism. Later, I will reassess the views of Kymlicka in finding the ways to defend national minorities with the aim of providing support to the minority cultures. (shrink)

The objective of this article is to consider how multiculturalism, minority rights, and nationbuilding have been defended by Will Kymlicka. For this purpose, I will first attempt to spell out the answers to the following questions: is it possible to defend minority rights in a liberal state? What is the problem regarding this defence of national minorities? Does anybody benefit from minority rights within a nationbuilding process? In order to find out the answer to these questions, I will first introduce (...) the main line of thought found in Will Kymlicka’s views on the defence of the rights of national minorities, the nationbuilding process, and multiculturalism. Later, I will reassess the views of Kymlicka in finding the ways to defend national minorities with the aim of providing support to the minority cultures. (shrink)

What is citizenship? This question goes back to the political philosophy of Aristotle, and how one answers it will be decisive in determining one's vision of political life. In the last ten to fifteen years, the question of citizenship has aroused a renewed set of extremely lively debates within political philosophy, and Iris Marion Young has certainly occupied an important place within these theoretical debates. In particular, Young—especially in her seminal article, Polity and Group Difference: A critique of the ideal (...) of universal citizenship—has presented a sharp challenge to all political theorists who are in some broad sense intellectually nourished by the tradition of civic republicanism and who think about the theme of citizenship under the influence of civic‐republican conceptions. In essence, Young's argument is that the practices of contemporary liberal society show that the implicit normative promise contained in the idea of a universal citizen identity has not been fulfilled, and therefore we must rethink this notion from the ground up. The purpose of my essay is to review the arguments that constitute Young's challenge to the civic‐republican tradition, with a view to clarifying the following questions: Is Young's political theory aimed at a reconstruction of the idea of citizenship on a normatively more sound basis? Or does her project imply a rejection of the idea of citizenship, and its displacement by an alternative understanding of political membership? (shrink)

We investigate the cross-cultural relationships between spirituality and ethical decision-making in Norway and the U.S. Data were collected from business students ( n = 149) at state universities in Norway and the U.S. Results indicate that intention to behave ethically was significantly related to spirituality, national culture, and the influence of peers. Americans were significantly less ethical than Norwegians based on the three dimensions of ethics, yet more spiritual overall. Interestingly, the more spiritual were Norwegians, the more ethical was their (...) decision-making. By contrast, the more spiritual were Americans, the less ethical was their decision-making. The research also found that peer influences were more important to Norwegians than to Americans in making ethical decisions. Finally, spiritual people from the U.S. were more likely to use a universalistic form of justice ethics, as opposed to a more particularistic form of justice ethics used by Norwegians. (shrink)

In this comparative survey of 191 Egyptian and 92 U.S. executives, we explore the relationship between national culture and ethical decision-making within the context of business. Using Reidenbach and Robin’s (1988) multi-criteria ethics instrument, we examine how differences on two of Hofstede’s national culture dimensions, individualism/collectivism, and power distance, are related to the manner in which business practitioners make ethical decisions. Egypt and the U.S. provide an interesting comparison because of the extreme differences in their economies and related business development. (...) Our results indicate that respondents from the U.S, individualistic and low in power distance, were likely to view the decision making outcome in ethics scenarios as more unethical than the more collectivistic and high power distance Egyptians, when applying ethical criteria based on justice, utilitarianism, relativism, and (contrary to our predictions) egoism. However, we also found that both Egyptians and Americans rely on justice, utilitarianism, and relativism in predicting their intentions to behave ethically, and that Americans substitute egoism for justice, when the behavioral intentions of peers are examined. (shrink)

Deliberative democracy is often celebrated and endorsed because of its promise to include, empower, and emancipate otherwise oppressed and excluded social groups through securing their voice and granting them impact in reasoned public deliberation. This article explores the ability of Habermas’ theory of deliberative democracy to accommodate the demands of historically excluded social groups in democratic plural societies. It argues that the inclusive, transformative, and empowering potential of Habermas’ theory of deliberative democracy falters when confronted with particular types of historical (...) injustices. It falters because it pays little attention to the historical dimension of injustices and the demands to which it gives rise. The historical dimension of longstanding injustices, it is argued, gives rise to a set of distinctive demands, such as collective memory of exclusion, acknowledgement of historical injustices, taking responsibility, and offering apology and reparations for causing these injustices, which go beyond the type of democratic inclusion that is often offered by deliberative democracy. Yet, the solution is not to abandon the model of deliberative democracy. Quite the contrary, it remains a valuable basis for forward-looking political decision making. The article concludes that in order to achieve inclusive, empowering and transformative deliberation in consolidated democracies that have experienced historical injustices, the politics of reconciliation is indispensable. (shrink)

The purpose of this article is to incorporate trans?national actors and institutions into citizenship theory both theoretically and empirically. We analyze three cases of recognition movements promoting gender, ethnic/minority and indigenous rights. Using one societal context, Sweden, we map the processes and mechanisms of power and agency (boundary?making and brokering) that shape how trans?national institutions and actors offer new forms of leverage politics to recognition movements as well as constrain their agency. These mechanisms of power are formalized in a model (...) showing the multi?level effects of leverage politics on recognition movements. Our three cases of recognition politics demonstrate the increasingly complex links between actors in policy communities across regional, national, European and international levels. They also reveal the processes implicit in our model: that policy imports are reframed when translated into specific national political cultures; and more broadly, that national citizenship frames of membership and inclusion are not easily dislodged. (shrink)

This paper argues that most conceptualizations of citizenship limit the purview of the discourse to static categories. ‘Citizenship’ is commonly seen as an ideal type, presuming a largely legal relationship between an inidividual and a single nation-state – more precisely only one type of nation-state, the advanced capitalist post-war model. Alternatively, we suggest a re-conceptualization of citizenship as a negotiated relationship, one which is subject therefore to change, and acted upon collectively within social, political and economic relations of conflict. This (...) dynamic process of negotiation takes place within a context which is shaped by gendered, racial and class structures and ideologies; it also involves international hierarchies among states. Citizenship is therefore negotiated on global as well as national levels. This conceptualization is demonstrated by way of identifying one particular set of experiences of negotiated citizenship, involving foreign domestic workers in Canada. As non-citizens originating from Third World conditions, this is a case involving women of colour workers, highly prone to abusive conditions, and under the direction of employers who are more affluent First World citizens and predominantly white women. Original survey data based on interviews with Caribbean and Filipino domestic workers in Canada are used to demonstrate the varied, creative and effective strategies of two distinctive groups of non-citizens as they attempt to negotiate citizenship rights in restrictive national and international conditions. (shrink)

Political philosophy has difficulties to cope with the complexity and variety of state-religions relations. ‘Strict separationism’ is still the preferred option amongst liberals, deliberative and republican democrats, socialist and feminists. In this article, I develop a complex typology based on comparative history and sociology of religions. I summarize my reasons why institutional pluralist models like plural establishment or non-constitutional pluralism are attractive not only for religious minorities but for religiously deeply diverse societies in general. Most attention is paid defending associative (...) democracy, the most flexible and open variety of institutional pluralism, against realist objections that group representation is incompatible with liberal democracy, that it leads to stigmatization and bureaucratization, that it strengthens undemocratic leaders, that it leads to an ossification of the status quo, and, most importantly, that it is inherently divisive undermining social cohesion and political unity. In my refutation of these objections I try to show that it helps to integrate minority religions into liberal democratic policies compatible with reasonable pluralism and to prevent religious and political fundamentalism. (shrink)

(2001). Associative democracy and the incorporation of minorities: Critical remarks on Paul Hirst's associative democracy. Critical Review of International Social and Political Philosophy: Vol. 4, Associative Democracy: The Real Third Way, pp. 187-202. doi: 10.1080/13698230108403343.

A number of recent studies have examined the sources of conflict surrounding the presence of Muslim minorities in Western contexts. This article builds upon, and challenges, some of the principal findings of this literature through analyzing popular opposition to mosques in Badalona, a historically industrial city in Catalonia where several of the most vigorous anti-mosque campaigns in Spain have occurred. Drawing upon 46 semi-structured interviews and ethnographic observation conducted over a two-year period, I argue that opposition to mosques in Badalona (...) is not reducible to anti-Muslim prejudice or fears of Islamic extremism. Rather, it is rooted in powerful associations drawn between Islam, immigration, and a series of social problems affecting the character of communal life and the quality of cherished public spaces in the city. These associations are expressed through local narratives that emphasize a sharp rupture between a glorified ethnically homogeneous past of community and solidarity, and a troublesome multicultural present fraught with social insecurity and disintegration. I show how the construction of these “rupture narratives” has entailed active memory work that minimizes the significance of prior social cleavages and conflicts, and selectively focuses on disjuncture over continuity with the past. I also highlight how these narratives have been reinforced by strong socio-spatial divisions, which have intensified contestations over public space and led to the integration of mosque disputes into broader struggles over social justice and public recognition. (shrink)

The purpose of this paper is to show that conscientious objection to military service is essentially not a dilemma of freedom of conscience versus the duty to obey the law, but above all a dilemma between two conflicting patriotic moral obligations. Furthermore, the paper demonstrates that CO is justifiable on the basis of what is known as moderate patriotism, that is, out of a patriotism which is committed simultaneously to universal and particular values. The paper begins with a critical discussion (...) of theoretical weaknesses in liberal thought of CO. Then, the concept of moderate patriotism is presented, followed by a discussion of the notion of patriotic CO. The next stage presents a step Towards A Theory of PCO to Military Service and shows how it differs from other liberal theories of disobedience. The conclusion is that if CO on patriotic grounds is morally justifiable, it follows that this is an act committed within the framework of legitimate political discourse. Therefore, PCO is politically legitimate even if it is not always legal. In other words, the discussion of PCO offers a theoretical distinction between politicallegitimacy and legality. (shrink)

The question of how society should deal with social conflicts arising from cultural differences persists. Should we adopt an exclusivist approach by excluding reasons based on specific cultural traditions (culture-based reasons) from public debates about social policy, especially because these reasons do not appeal to the public at large? Or should we resort to an inclusivist approach by including reasons based on cultural traditions in public debate to give recognition to the diverse cultural identities of those who practice these traditions? (...) While these two approaches assign different roles to cultural traditions in public debate, both seem to welcome compromise between conflicting parties. This paper reviews contending normative approaches for dealing with conflicts in multicultural societies and explores the place of culture-based reasons in public debates designed to resolve conflicts. (shrink)

Community engagement is increasingly defended as an ethical requirement for biomedical research. Some forms of community engagement involve asking the consent of community leaders prior to seeking informed consent from community members. Although community consent does not replace individual consent, it could problematically restrict the autonomy of community members by precluding them from research when community leaders withhold their permission. Community consent is therefore at odds with one of the central principles of bioethics: respecting autonomy. This raises the question as (...) to how community consent can be justified or even required. This paper aims to provide an answer to this question by arguing, based on the work of Taylor and Kymlicka, that community practices are important for the identity and autonomy of community members. When these practices are incompatible with a solitary focus on individual informed consent, they need to be protected by making these decision‐making practices (including asking permission to community authorities) part of the consent process. Since these decision‐making practices are important for the autonomy of community members, community consent with the goal of protecting these practices is not necessarily in conflict with autonomy. (shrink)

Based on the extended conceptualization of corporate citizenship, as provided by Matten and Crane :166–179, 2005), this paper examines the new role of corporations in society. Taking the ideas of Matten and Crane one step further, we argue that the status of corporations as citizens is not solely defined by their factual engagement in the provision of citizenship rights to others. By analysing political and sociological citizenship theories, we show that such engagement is more adequately explained by a change in (...) the self-conception of corporate citizens from corporate bourgeois to corporate citoyens. While the corporate bourgeois acts primarily for private business purposes, the corporate citoyen engages in society, performing civil and political rights and duties. As an intermediate actor in society, shaped by the principle of subsidiary task-sharing, the corporate citoyen undertakes co-responsibility for social and civic affairs and actively collaborates with fellow citizens below, beside and beyond governmental regulation. (shrink)

This article attempts to look at the quest for diversity by posing a question about how effective the concept has been in securing meaningful diversity in the public sphere of liberal polities. It distinguishes between diversity and difference to suggest that difference poses a greater challenge to liberal polities as compared to diversity. It then goes onto look at diversity in relation to democracy, especially in the context of a worsening climate of democracy across the world. The article suggests that (...) the prospects for diversity are unlikely to be bright either in the contemporary conjuncture or the immediate future. The article ends by suggesting that diversity is caught between the forces of globalization and the insular nationalism that has welled up from the hinterlands of nation-states. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

Devrions-nous remplacer les élections par des loteries ? Le célèbre livre de Bernard Manin sur le gouvernement représentatif a appris à beaucoup que les Grecs considéraient les élections comme un moyen aristocratique, et non démocratique, de sélectionner des personnes pour le pouvoir et l'autorité politique, en comparaison avec le tirage au sort, où chacun a une chance égale d'être sélectionné. (Manin 1997) Jusqu'à récemment, cependant, l'idée qu'un engagement envers la démocratie nécessite de remplacer les élections par le tirage au sort (...) a suscité peu d'intérêt parmi les philosophes politiques. (Blondiaux, 2008 ; Courant et Sintomer, 2019) Cela a maintenant changé. (Abizadeh 2020) ( A. Guerrero 2014) (A. Guerrero 2021b ; 2021a) (Landemore 2020) (Owen et Smith 2018) (P.-É. Vandamme et al. 2018). Cet article pose donc la question de savoir si le tirage au sort est plus démocratique que les élections et si, pour cette raison, nous devrions l’utiliser pour compléter ou remplacer les élections ? (shrink)

Can a liberal state exclude illiberal immigrants in order to preserve its liberal status? Hrishikesh Joshi has argued that liberalism cannot require a commitment to open borders because this would entail that liberalism is committed to its own demise in circumstances in which many illiberal immigrants aim to immigrate into a liberal society. I argue that liberalism is committed to its own demise in certain circumstances, but that this is not as bad as it may appear. Liberalism’s commitment to its (...) own demise is merely a reflection of the fact that it must take into account the rights of outsiders, not just the rights of existing citizens, and of the fact that circumstances of injustice can sometimes leave liberal societies with no correct choice. (shrink)

Most political philosophers are reluctant to treat cultural rights as basic. Instead, the predominant view is that cultural interests are only important derivatively, in virtue of their contribution to some other interest. In this chapter I argue that political philosophers ought to follow international human rights norms regarding the importance of culture. Not only do international human rights courts and committees come to the right conclusion about the significance of culture, but, as importantly, they come to this conclusion because they (...) think about what cultural rights protect inthe right way. Contemporary political philosophers prefer to treat cultural rights as derivative in part because they tend to treat culture as a “resource” or a “good,” but this is a mistake. Cultural rights are better understood as protecting and promoting an activity. Respecting and promoting cultural participation is a constitutive element of showing respect for human dignity because, like free expression, political participation, and freedom of conscience, cultural participation is something persons do as part of making a life for themselves. (shrink)

The article introduces a special issue on “Rethinking Liberal Multiculturalism: Foundations, Practices and Methodologies.” The contributions presented in this special issue were discussed during the conference « Multicultural Citizenship 25 Years Later », held in Paris in November 2021. Their aim is to take stock of the legacy of Kymlicka’s contribution and to highlight new developments in theories of liberal multiculturalism and minority rights. The contributions do not purport to challenge the legitimacy of theories of multiculturalism and minority rights, they (...) rather aim at deepening our understanding of the foundations of liberal multiculturalism and of its practical implementation, sensitive to social scientific dynamics of diverse societies. Without abandoning the general idea that cultural minorities should be granted special minority rights, the essays presented raise new questions about three dimensions central to liberal multiculturalism: its normative foundations, its practical categories of minorities or groups, and its fact-sensitive methodology. Taken together they shed light on the renewed variety of theories of liberal multiculturalism highlighting their complexity and internal disagreements. To introduce these articles, the article first draws a brief historical overview of the debates on multiculturalism since the 1990s (section 1). It then highlights the distinctive aspects of Kymlicka’s contribution (section 2) and identifies recent research trends (section 3). Doing so, it explains how the articles gathered here both expand on those distinctive aspects and explore those new research avenues. The section 4 summarizes the contributions. (shrink)

In this article, we compare Ricard Zappata-Barrero’s interculturalism with Tariq Modood’s multiculturalism. We will discuss the relation between distinct elements that compose both positions. We examine how recent discussions on interculturalism have the potential to contribute to theories of multiculturalism without undermining their core principles. Our position is close to that of Modood’s as he has already carefully tried to incorporate interculturalist insights into his own multiculturalism. Yet we provide a raise a few questions regarding Modood’s treatment of the relation (...) between multiculturalism and interculturalism. After summarizing each author’s potion (I), we will comment on the following set of relations between their basic elements: (II) The relation between intercultural contact and intercultural dialogue; (III) The relation between contact at the local level and the societal/state level; (IV) The relation between group-specific measures, intercultural contact and mainstreaming. (shrink)

In this paper, I discuss some of the criteria that liberal states have used to choose between potential immigrants. While overtly racist policies have been widely condemned and abolished, many states have still in the recent past selected immigrants based on their ethnicity and/or language competency. I argue that even apparently more benign examples of ethnic and linguistic selection are unacceptable because they tend to express a morally problematic message that members of certain ethnic groups within the territory—the people who (...) are really from there— occupy a privileged position within the political community. And this means, I argue, that they unjustly exclude members of other ethnic groups. Finally, I address some special features of linguistic selection that are sometimes thought to make it justifiable, including the de facto inevitability of promoting some languages more than others, the fact that languages can be learned voluntarily, and the fragility of minority languages in territories where there is another language that is more universally known. (shrink)

Justice and Vulnerability in Europe contributes to the understanding of justice in Europe from both a theoretical and empirical perspective. It shows that Europe is falling short of its ideals and justice-related ambitions by repeatedly failing its most vulnerable populations. Interdisciplinary and expert contributors search for the explanations behind these failing ambitions, through analysis of institutional discourse, legal debate and practice and the daily experiences of vulnerable populations, such as those dependent on social care and welfare. By setting tentative criteria (...) for justice as 'participatory parity', in line with the insights of the political philosopher Nancy Fraser, the book challenges European policy makers to re-define redistributive, recognitive and representative justice. (shrink)

In this book I argue that school integration is not a proxy for educational justice. I demonstrate that the evidence consistently shows the opposite is more typically the case. I then articulate and defend the idea of voluntary separation, which describes the effort to redefine, reclaim and redirect what it means to educate under preexisting conditions of segregation. In doing so, I further demonstrate how voluntary separation is consistent with the liberal democratic requirements of equality and citizenship. The position I (...) defend is not opposed to integration but rather is a justified response to the daily experience of frustration and disappointment with a system that has failed members of marginalized groups for too long. I argue that most voluntary separation experiments in education, far from being motivated by a sense of racial, cultural or religious exclusion, are in fact driven among other things by a desire for a quality education, not to mention community membership and self respect. As such, voluntary separation represents a morally robust pragmatic strategy that is able to answer liberal challenges concerning involuntary stratification, ethnocentrism and democratic deliberation. (shrink)

Hegel's influence on post-Hegelian philosophy is as profound as it is ambiguous. Modern philosophy is philosophy after Hegel. Taking leave of Hegel's system appears to be a common feature of modern and post-modern thought. One could even argue that giving up Hegel's claim of totality defines philosophy after Hegel. Modern and post-modern philosophies are philosophies of finitude: Hegel's philosophy cannot be repeated. However, its status as a negative backdrop for modern and post-modern thought already shows its pervasive influence. Precisely in (...) its criticism of Hegel, modern thought is bound up with his thinking. (shrink)

A number of philosophers argue that the moral value of national identity is sufficient to justify at least a prima facie right of a national community to create its own independent, sovereign state. In the literature, this argument is commonly referred to as the identity argument. In this paper, I consider whether the identity argument successfully proves that a national group is entitled to a state of its own. To do so, I first explain three important steps in the argument (...) and then consider whether they lead to the desired conclusion. My examination reveals that the identity argument relies on the Optimal Protection Principle; however, this principle does not apply to the case of a national community. As a result, the identity argument fails to justify even a prima facie right of a national community to establish its own state. (shrink)

In this article, I draw attention to the value of community in John Mbiti’s philosophy using his famous axiom by reconciling the tension between the individual and community his philosophy envisages. To do this, I offer a reconstruction of Mbiti’s communitarian axiom: “I am because we are; and since we are, therefore I am.” Mbiti is considered one of the forerunners of the communitarian debate in African philosophy. His axiom, which describes his idea of Afro-communitarianism, accounts for the importance of (...) individual and community in thinking about social existence in African thought. However, Mbiti’s argument for the direct influence of the community in the formation of the individual is taken to mean the supremacy of the community over the individual. Mbiti’s concept of community has implications for the idea of personhood in that it raises the question of individual agency. This has affected the reception of Mbiti’s contribution to the idea of community in African political thought. While Mbiti’s contributions to Afro-communitarianism transcend the discourse of personhood, I argue that maximising the potential of his idea requires reconstruction and a critical analysis of his axiom. In doing that, I demonstrate that a possible relationship exists between the “I” and “we” in his axiom that represents a harmony between the community and individual and does not suggest a primacy of either but the significance of community. This analysis will enable fair engagement with Mbiti’s conception of community. (shrink)

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)

Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...) continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria. (shrink)

CAMILO, Bruno. Aspectos metafísicos na física de Newton: Deus. In: DUTRA, Luiz Henrique de Araújo; LUZ, Alexandre Meyer (org.). Temas de filosofia do conhecimento. Florianópolis: NEL/UFSC, 2011. p. 186-201. (Coleção rumos da epistemologia; 11). Através da análise do pensamento de Isaac Newton (1642-1727) encontramos os postulados metafísicos que fundamentam a sua mecânica natural. Ao deduzir causa de efeito, ele acreditava chegar a uma causa primeira de todas as coisas. A essa primeira causa de tudo, onde toda a ordem e leis (...) tiveram início, a qual para ele assume um caráter divino, Newton aponta para um Deus sábio e poderoso e responsável pela ordem inteligente e pela a harmonia das leis físicas e universais de tudo o que existe – Deus como criador e preservador da ordem do universo. Há ainda a analogia do conceito de Deus com o espaço e o tempo, na medida em que ambos comunicam infinitude e onipresença. Por fim, nas considerações finais apontarei a importância de Newton para a metafísica moderna e como os seus estudos contribuíram para uma visão posterior do universo e suas leis e do homem enquanto ser pensante. (shrink)

To fully respond to the demands of multiculturalism, a view of toleration would need to duly respect diversity both at the level of the application of principles of toleration and at the level of the justificatory foundations that a view of toleration may appeal to. The paper examines Rainer Forst’s post-Rawlsian, ‘reason-based’ attempt to provide a view of toleration that succeeds at these two levels and so allows us to tolerate tolerantly. His account turns on the view that a constructivist (...) requirement of generality and reciprocity provides a suitable criterion of toleration since a commitment to this requirement is part of what defines people as reasonable. But it is neither plausible nor coherent to build such a requirement into an idea of reasonableness from which an account of toleration starts. Thus, constructivism cannot provide a tolerant criterion of toleration, if such criterion, in order to overcome the ‘paradox’ of intolerant toleration, must escape reasonable disagreement. (shrink)

This paper explores the question of whether there can be a right to secede from a liberal state by examining the concept of a liberal state and the different forms of liberalism that may be appealed to in order to justify secession. It argues that where the foundations of the state’s legitimacy are conceived in terms of a non-derivative right to self-determination, then secession from a liberal state may be a justified form of action for different types of groups including (...) ‘illiberal’ ones. If, however, a broader definition of political legitimacy is adopted – one that is predicated upon the liberal notions of individual moral autonomy and equality – then the right to independent statehood will generally not include a right to secede from a state that already upholds these principles. Consequently, liberal theorists of secession are forced to choose between particularizing a right of independent statehood to groups trapped in illiberal states, or acknowledging that the right to secede includes a right to establish an ‘illiberal’ state that bestows upon its citizens unequal rights and entitlements other than a right of exit. (shrink)