Liberal writers share the intuition that the fundamental moral particle is the human individual, not the group. In this paper, I adopt the opposing intuition which many, including the indigenous Maori of New Zealand, say they feel: that it is the group that is fundamental, rather than the individual. I attempt to work out the doctrine which results from that intuition and call it?group foundationalism?. I then seek to explore the tenability of group foundationalism, not from the perspective of external (...) criticisms, but by reference to its own internal logic, and the experience of Maori. The problem raised is how far it is possible for a group which claims precedence over its members to be coherently self?defined, and to enjoy stable relations with other groups, including states, from which it may seek reparations for past wrongs, while sharing no common authority with them. (shrink)

The primary concern of this essay is with the question “What is a political community?” This question is important in its own right. Arguably, the main purpose of political philosophy is to provide an account of the nature of political association and, in so doing, to describe the relations that hold between the individual and the state. The question is also important, however, because of its centrality in contemporary debate about liberalism and community.

This paper discusses the problematic relation between liberalism and freedom of education, i.e. the right of parents to found schools in which they can educate their children in accordance with their particular conception of the good life. First, the educational and philosophical backgrounds of the conflict between liberalism and freedom of education are explicated. Secondly, it is suggested that freedom of education can be considered a liberal value. The right to freedom of education is interpreted as a group right, and (...) it is argued that it is both possible and desirable to defend, on certain conditions, group rights within liberalism. Finally, some consequences of this position for a liberal theory are spelled out. (shrink)

An encyclopedia entry providing an overview of the philosophical issues entailed in the theory and practice of "identity politics." Open access and online. Regularly updated.

Human rights instruments exist to respond to serious dangers that human beings routinely face, what Henry Shue terms ‘standard threats.’ According to Shue’s influential account of the structure of a moral right, these threats are ‘the targets of the social guarantees for the enjoyment of … a right.’ They are ‘common, or ordinary, and serious but remediable.’ Yet for individuals who struggle daily against serious, remediable threats that are common to their peer group, but do not routinely threaten mainstream society, (...) this oversight has enormous implications for their security, subsistence, freedom, and dignity. This paper examines the three elements of Shue’s standard threat. It concludes by making the case that if we are to deploy this element of the structure of moral rights to justify social guarantees of protection, and to craft them in a way that takes proper account of human diversity, then we must ask: Standard for whom? (shrink)

First published in the International Encyclopaedia of Social and Behavioural Sciences (Pergamon Press, 2001); reprinted in the 2nd edition (2015). An overview of different justifications of multiculturalism in contemporary political theory, as well as various challenges to and critiques of those arguments.

Will Kymlicka ha sido considerado como compatibilizador de liberales y comunitaristas en cuanto a los derechos de las minorías. Su distinción entre derechos de grupo como protecciones externas y como restricciones internas buscó dar cuenta de las reivindicaciones minoritarias sin vulnerar el principio liberal de autonomía. En este artículo se buscan dos objetivos: primero, adoptar una perspectiva crítica, al afirmar que tal distinción soslaya el eje central de la discusión, esto es, la problemática de la titularidad del derecho, y, segundo, (...) proponer una nueva clasificación de los derechos aplicables a las minorías que sea capaz de servir de modelo para futuros diseños institucionales. Will Kymlicka has attempted to harmonize the positions of liberals and communitarians with respect to minority rights. His distinction between group rights as external protections and internal restrictions sought to account for minority vindications without violating the liberal principle of autonomy. The objective of this article is twofold: first, to adopt a critical perspective by arguing that said distinction avoids the core of the discussion, that is, the issue of ownership of rights, and, second, to proposed a new classification of rights applicable to minorities that can serve as a model for future institutional designs. Will Kymlicka tem sido considerado como compatibilizador de liberais e comunitaristas quanto aos direitos das minorias. Sua distinção entre direitos de grupo como proteções externas e como restrições internas pretendeu dar conta das reivindicações minoritárias sem vulnerar o princípio liberal de autonomia. Este artigo apresenta dois objetivos: primeiro, adotar uma perspectiva crítica ao afirmar que essa distinção elude o eixo central da discussão, isto é, a problemática da titularidade do direito; segundo, propor uma nova classificação dos direitos aplicáveis à s minorias que seja capaz de servir de modelo para futuros desenhos institucionais. (shrink)

Will Kymlicka ha sido considerado como compatibilizador de liberales y comunitaristas en cuanto a los derechos de las minorías. Su distinción entre derechos de grupo como protecciones externas y como restricciones internas buscó dar cuenta de las reivindicaciones minoritarias sin vulnerar el principio liberal de autonomía. En este artículo se buscan dos objetivos: primero, adoptar una perspectiva crítica, al afirmar que tal distinción soslaya el eje central de la discusión, esto es, la problemática de la titularidad del derecho, y, segundo, (...) proponer una nueva clasificación de los derechos aplicables a las minorías que sea capaz de servir de modelo para futuros diseños institucionales. (shrink)

This paper considers a particular instance in which a liberal state –Germany -makes a claim for the limitation of tolerance of religious expression on the grounds of harm. I examine this claim with reference to three basic positions: Firstly,I examine Denise Meyerson’s argument that the domain of religion constitutes an area of intractable dispute and that the state is not entitled to limit liberty in this domain because it cannot justify limitations in a neutrally acceptable way. I argue that Ludin (...) is entitled to wear the Kopftuch on grounds of her right to religious freedom and that the attempt to deny her this entitlement constitutes a breach of individual rights. Meyerson’s arguments rest on the acceptability of Rawls’s idea of public reason. I therefore, secondly, examine Jeremy Waldron’s objections to the use of the deliberative discipline of public reason in cultural disputes as well as his objections to the use of the politics of identity which, he claims, distort our ability to engage in reasoned public debate. I argue that bracketing identity claims eliminates what is peculiar about Ludin’s case.This I bring out, thirdly, by drawing on the views of Melissa Williams, who advances the idea of sensitivity to others’ reasons as reasons, which defines a position midway between Meyerson and Waldron. It is apparent that Ludin’s dilemma is twofold: her status as ‘metic’-as member of a minority at the margins of mainstream German culture, and her status as ‘Muslimin’-as one believed to be suffering sexual discrimination in her own culture, form a double-bind of oppression. They are connected in a way that challenges the integration policies of the German state. (shrink)

In this article, I will argue that the implementation of deliberative democracy needs to be supplemented by a specific political morality in order to cultivate free and equal citizens in exercising public reason for achieving a cooperative and inclusive liberal society. This cultivation of personality is literally an educational project with a robust ethical ambition, and hence, it reminds us the orthodox liberal problem concerning the relation between the state and its citizenship education. Following Callan’s reformulation of the political conception (...) of the person, I will argue that Rawls’s political liberalism can accommodate the ethical demand of deliberative citizenship education. Liberal civic education should legitimately specify its own ethical endowments for active citizenship and need not shy away from making proposals on the cultivation of liberal character that might result in influencing individual’s conception of the good. Rawls’s theory thus redefines the state neutrality problem on education and paves the way for a framework of deliberative citizenship education. (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)

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.

As the world is getting increasingly connected and interdependent it becomes clear that the world’s most pressing public problems such as poverty or global warming call for cross-sector solutions. The paper discusses the idea of business leaders acting as agents of world benefit, taking an active co-responsibility in generating solutions to problems. It argues that we need responsible global leaders who are aware of the pressing problems in the world, care for the needs of others, aspire to make this world (...) a better place, and act in word and deed as global and responsible citizens. The argument is structured as follows: first, in highlighting some leadership challenges we discuss why it takes a responsible, global, and ultimately cosmopolitan mindset to enhance human values on a global scale. Second, we define more specifically responsible global leadership and the (potential) role of business leaders acting as agents of world benefit. Third, drawing on latest research on cosmopolitanism, we discuss the hallmarks of contemporary cosmopolitanism. Fourth, and concluding our argument, we propose key cosmopolitan business principles to help leaders build a more inclusive world. (shrink)

This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the (...) author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain. Fabian Schuppert creates a grand synthesis uniting neo-republican insights on freedom with Hegelian recognition theory. The result is an account of agency that arises from the idea of non-domination whose aim it is to safeguard individual freedom. When combined with Hegelian recognition theory a social focus also emerges. This amalgam comments on many of the major disputes concerning global justice from a cosmopolitan perspective. Because of the broad scope and the many contemporary discussions engaged this book will be of keen interest to scholars as well as a welcome addition to the classroom. (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)

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)

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)

Journal of Global Ethics, Volume 9, Issue 3, Page 293-310, December 2013.

James Tully's account of a ?post?imperial constitutionalism?, in his book Strange Multiplicity, wrongly rejects the ideal of impartiality in modern political theory. Pace Tully, this paper argues for a conception of impartiality called ?justice as provisionality?. This is demonstrated by explaining the concept of a ?contrastive hard case?. These cases, exemplified both by indigenous peoples? struggles for recognition and ?traditional? justifications for violence against women, centrally involve conflicts over the cultural interpretation of value. The paper argues that the just adjudication (...) of these cases depends on understanding two different senses of the term ?provisionality?. These demonstrate that the post?imperial state can give impartial reasons for the rights of parties to ?contrastive? claims in a way that integrates the concerns of both feminists and cultural pluralists. The two senses of provisionality are: first, that consequent upon historical injustice, the post?imperial state should recognize the legitimacy of citizens? partial reasons for their actions and practices; and hence, should recognise that the domain of public, impartial reason is always provisional and incomplete. Second, our capacities for reason are dependent on public and nonpublic provision, protection and care. This is because diverse inequalities and injustices could prevent vulnerable people, in some cases women, from acting according to reasons at all. (shrink)

Genocide is the deliberate destruction, in whole or in part, of a people. Typically, it is a crime that is committed by a people. In this essay, I propose an analysis of the concept of an ethnic identity group, which is, I argue, the concept of ethnicity at issue in many important discussions of group rights, group acts, and the moral responsibility of group members for the acts of the groups to which they belong. I develop the account of collective (...) agency presupposed by this analysis and explore its implications for assessments of individual moral responsibility for genocide. I argue, further, that among other advantages over culturalist approaches to questions about group rights, the approach that follows from the concept of an ethnic identity group sheds light on the specific moral wrong of genocide. I reply to individualist objections to the idea that ethnic group membership may be morally significant and argue that morally adequate responses to genocide presuppose acknowledgment of the fact that groups act and are acted upon in morally significant ways. (shrink)

Nationalism is normally directed against closest neighbors. This simple fact -- The Hated Neighbor Truism -- has important consequences, mostly overlooked in moral debates on nationalism. First, it undercuts the defense of nationalism based on the (alleged) moral worth of proximity: since nationalists hate closest neighbors, they cannot consistently rely upon such defense. Second, it blocks the usual theoretical contrast of nationalism with cosmopolitanism: the main enemies of the nationalist are not indiscriminate cosmopolitans, but the neighbor-lovers, call them macro-regionalists. Finally, (...) it suggests that the proper response to nationalism is a graded, region-sensitive moderate cosmopolitanism. (shrink)

In the educational sphere, the concept of democracy is used in many and varied ways, though the hegemonic school culture often starts from a concept of democracy that is taken for granted, and it is understood that the entire educational community shares a similar concept. As a result of the research project “Democracy, participation and inclusive education in schools” we realized that the above-mentioned concept is used without being accurately defined in the school setting. This observation is what has prompted (...) us to write this article, basically structured in two parts. In the first part, based on the theoretical debate occurring in the field of social sciences, we delimit the concept of democracy and structure it in four basic dimensions: governance, inhabitance, otherness and ethos. In the second part, we specify and examine in depth these four dimensions in the school setting in order to construct a broad and transversal, yet specific, definition, with which to be able to develop ambitious democratic projects and, in turn, contribute to scientific debate. (shrink)

The Children’s Act and its associated regulations allow for virginity tests to be performed on male and female children over the age of 16. This is subject to a number of legislated conditions, including that informed consent should be obtained. In this article I argue that, whilst it is important that the right to social and cultural practice be protected in South Africa, virginity testing is a practice that cannot be morally justified. Firstly, I defend the claim that the practice (...) is inherently unjust. At least some of those subjected to the tests will inevitably experience the undesirable consequences of a false test result. The practice is also discriminatory as it typically and unjustly targets girl children, since boys are far less commonly tested. I argue further that the practice perpetuates a harmful patriarchal social order. Finally, I contend that any attempts to justify this legislation are fatally flawed, because it is fundamentally irrational, since there is no reliable means of testing for virginity. (shrink)

Handling Religious Diversity: The Case of "Holy/Rest Days" in Italy The accommodation of a plurality of values within the same institutional framework is one of the main challenges with which contemporary democracies have been persistently confronted. This challenge has recently gained strength even in such traditionally homogeneous countries as Italy, as a consequence of an increase in the number of residents committed to diverse religious beliefs. Against this backdrop, this paper focuses on the case of requests for the legal recognition (...) of religion-specific holy/rest days in Italy. The analysis of such a case will disclose—or so we believe—some valuable pointers as to how democratic societies could try to accommodate religious diversity in a way that is both respectful of the specificities of each religious group and compatible with the typically liberal commitment to the safeguard of individual freedom. (shrink)

Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

Whether Aboriginal people should have special educational rights is a question that has simmered and occasionally boiled over during the past four decades. This dispute remains largely unresolved due to perceived tensions that exist between liberal values and minority rights. Will Kymlicka attempts to resolve this conflict by claiming that the liberal concept of autonomy can be used as a starting point for minority rights. However, there are several questions that are inadequately answered in his theory. Namely, why is autonomy (...) so important? What is the significance of a particular culture? Should a liberal society support cultures that are illiberal? In response to these questions I will demonstrate that the liberal concept of autonomy requires that adequately restrictive cultures be protected. From this it is possible to develop a cohesive theory of minority rights that can be used to defend Aboriginal control of formal education. (shrink)

Liberal theories of justice have often been unable to include the recognition of minority rights or of multiculturalism because of their emphasis on individuals. In contrast, recent theories of cultural recognition and minority rights have underestimated the tensions between group and individual rights. It is precisely the incorporation of past wrongs and their impact on present politics that can advance the liberal theory of justice for cultural minorities and their members.

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.

How should we deal with social diversity if we conceive it as cultural diversity? Appeals to cultural relativism and to the collective good of diversity provide inadequate answers. Taking cultural diversity seriously requires that we respond to it fairly or justly and that, in turn, requires an approach that is impartial (or neutral) amongst cultures. Claims of impartiality are often thought peculiarly implausible when applied to cultural diversity, but an impartialist approach is in fact peculiarly appropriate to that form of (...) diversity. The issue is not whether we can be impartial, but whether we are ready to accept the implications of describing a diversity as ?cultural? and, if we are, what form our impartiality should take. Attempts to avoid claims of impartiality by dealing with diversity through deliberative processes are misguided since those processes must embody commitments to impartiality if their outcomes are to be just. (shrink)

The position that I defend and argue for in this paper is that we ought to or are obligated to Africanise the philosophy curriculum in universities in Africa. This obligation is grounded on the overarching consideration not to wrong Africans by committing testimonial and hermeneutical injustices against them, and where committing these forms of epistemic injustice prevents us from enhancing the autonomy of Africans and maximising or promoting utility. I take the issues that I discuss and the argument that I (...) provide for this position to be important, particularly in our times. This is so in the context of present and broader debates and discussions, not just in respect of decolonisation in education, and the Africanisation of institutional cultures and practices in schools or tertiary institutions, but also regarding curriculum transformation and development, in general, and diversification of the philosophy curriculum, in particular. (shrink)

This article presents a normative‐theoretical account of democratic legitimacy that meets the challenge of moral and cultural pluralism in a way that takes the avoidance of oppression and violence to be a fundamental imperative. The discourse‐theoretical perspective of jürgen Habermas reveals that reasoned agreement among citizens is the only alternative to political oppression. Pace Habermas, however, the legitimacy of even basic constitutional principles does not require us to agree with one another for the same reasons. While we can affirm such (...) principles for a wide range of different reasons, the process of achieving reasoned agreements on contentious issues draws us together as citizens in loyalty to a particular, historical set of political institutions. The reasoned commitment to our constitution that we come to share in this ongoing process acts as an identity‐forming bond that allows us to live in peace with deep moral and cultural differences. (shrink)

The relationship of law and culture has long been a concern of legal anthropology and sociology of law. But it is recognised today as a central issue in many different kinds of juristic inquiries. All these recent invocations of the concept of culture indicate or imply problems at the boundaries of established thought about either the nature of law or the values that law is thought to express or reflect. The consequence is that legal theory must, it seems, now systematically (...) take account of the notion of culture. The present paper asks how this might best be done. I argue that a concept of culture, as such, is of limited utility for legal theory because the term “culture” embraces a too indefinite and disparate range of phenomena. But legal theory needs conceptual resources to consider at a general level the relations of law and culture. This paper suggests that these resources should include, above all, a rigorous distinguishing of different abstract types of community. Legal theory requires a sociologically‐informed concept of community. What is encompassed by the vague idea of culture is actually the content of different types of social relations of community and the networks (combinations) in which they exist. (shrink)

Japan saw a sharp increase in the number of non-Japanese residents and migrants during the period of its high economic growth in the 1980s and 1990s. This impacted on how the justice system provides language assistance to non-Japanese speaking background parties in investigative interviews and courtroom proceedings. While the number of defendants who received interpreter assistance in Japanese criminal trials hit its peak in 2003, quality of legal interpreting is still a serious issue. In this article, we discuss how the (...) Japanese criminal justice system has approached issues in judicial interpreting in the last four decades by analysing how “court interpreting” and “court interpreters” have been represented in court decisions. By doing so, the paper aims to explore the judiciary’s ideologies about court interpreting and problematise these ideologies in looking towards improvement of language assistance in the Japanese legal system. (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...

Social groups claim authority to impose restrictions on their members that the state cannot. Churches, ethnic groups, minority nations, universities, social clubs, and families all regulate belief and behavior in ways that would be obviously unjust in the context of a state and its citizens. All religions impose doctrinal requirements; many also enforce sexist practices and customs. Some universities impose stringent speech and conduct codes on their students and faculty. Parochial schools discriminate in their hiring practices. Those who complain about (...) such internal restrictions on the liberties of members might well be told to “love it or leave it.”. (shrink)

In this article the author intends to provide general normative guidelines which ought to inform policies concerning the most controversial multicultural claims for a liberal democracy. In order to do that, she proposes a general reconsideration of the struggle of cultures and identities which makes up the stuff of multiculturalism. She suggests that instead of focusing on the issue of compatibility, the adequate viewpoint from which considering multicultural claims should be justice and, within justice, the principle of equal respect (ER). (...) The reference to ER is widespread in the literature on multiculturalism, but it does not specify what should be the object of ER: persons and their dignity, or cultures/religions/identities and their members? The alternative is then examined and the author argues in favour of an interpretation of ER for persons which considers persons as they are, given their identities and differences. Finally, the author provides a typology of multicultural claims, ranked on a scale of different levels of disrespect, which consequently require different kinds of response. As a result, one is invited to reflect on the how beside the what, on the procedures and attitudes beside the benefits and measures, and not only for the pragmatic reasons of finding a relatively easy way out, but also for principled reasons of justice. (shrink)

While theorists of cultural pluralism have generally supported tribal sovereignty to protect threatened Native cultures, they fail to address adequately cultural conflicts between Native and non-Native communities, especially when tribal sovereignty facilitates illiberal or undemocratic practices. In response, I draw on Jürgen Habermas' conceptions of dis-course and the public sphere to develop a universalist approach to cultural pluralism, called the 'intercultural public sphere', which analyzes how cultures can engage in mutual learning and mutual criticism under fair conditions. This framework accommodates (...) cultural diversity within formally universalistic parameters while avoiding four common criticisms of universalist approaches to cultural pluralism. But this framework differs from that of Habermas in two ways. First, it includes 'subaltern' publics, open only to members of cultural subgroups, in order to counter relations of 'cultural power'. Second, it admits 'strong' publics, democratic institutions with decision-making powers. Finally, I show how the subaltern, strong institutions of tribal sovereignty contribute to the fair discursive conditions required for mutual learning and mutual critique in an intercultural public sphere. Key Words: Habermas • Kymlicka • Native peoples • sovereignty • tribal. (shrink)

This paper is about conflicts of rights, and the particularly difficult challenges that such conflicts present when they entail women’s equality and claims of cultural recognition. South Africa since 1994 has presented a series of challenging—but by no means unique—circumstances many of which entail conflicting claims of rights. The central aim of this paper is, to make sense of the idea that the institution of traditional leadership can be sustained—and indeed given new, more concrete powers—in a democracy; and to explore (...) the implications that this has for women’s equality and equal human rights. This is a particularly pertinent question in the South African context, and I think it is worth reiterating from the outset that there is a distinct impression that women’s equality is always “up for grabs” when other, perhaps more powerful interests, come into play, in a way that would be unacceptable for other aspects of identity, and therefore signifiers of equality. It would be inconceivable, for example, to countenance a claim for a hierarchical racial arrangement in a given community, no matter how deeply culturally entrenched that arrangement was, and regardless of how much support it (ostensibly) had from the community concerned. I think therefore that we are obliged to ask difficult questions about the new legislation on traditional leadership, and to put it under the microscope of political theory in assessing the claim that this is one way of recognizing people’s rights and freedoms in a new democracy. (shrink)