Luego de la Conquista del Desierto, el Estado argentino impuso su ordenamiento institucional a los miembros sobrevivientes de varias comunidades indígenas. De este modo, sus instituciones fueron desplazadas. Esta es una injusticia histórica cuya reparación, en aquel tiempo, requería la restauración de la vigencia de las instituciones indígenas. Sin embargo, no estamos más en 1885 y muchas circunstancias han cambiado. Muchas personas indígenas y no indígenas viven en las mismas ciudades, tienen intereses en las mismas porciones de tierra, e interactúan (...) entre ellos en innumerables formas. Por lo tanto, debe analizarse si, bajo estas condiciones, los reclamos indígenas por recuperar su soberanía siguen siendo válidos. En este trabajo argumentaré que, debido a cambios en las circunstancias, estos reclamos tienen menos fuerza que en el pasado. Por lo tanto, la injusticia histórica no puede ser reparada del mismo modo que en 1885. No obstante, dada la historia de opresión a la que los indígenas han sido sometidos, el sistema institucional de Argentina tiene que ser reformado de manera tal que su aplicación sobre ellos sea legítima. Propongo tres medidas que contribuyen a conseguir dicho objetivo, a saber, el autogobierno para asuntos internos, la representación en el Senado y el cambio institucional por mayoría simple. -/- After the Conquest of the Desert, the State of Argentina forcibly imposed its institutional system over the surviving members of several indigenous communities. In that way, their institutions were ousted. The reparation of this historical injustice, at that time, required the reversion of the indigenous institutions. However, we are not in 1885 anymore, and several circumstances have changed. Many indigenous and non-indigenous persons live in the same cities, have interests in similar portions of land, and interact with each other in an infinite number of ways. Therefore, it should be assessed whether indigenous claims for their sovereignty to be restored are still valid. In this paper, I argue that, owed to changing circumstances, these claims have less normative force than they had in the past. Therefore, those injustices cannot be redressed in the same way as in 1885. However, I argue that due to the history of oppression indigenous people have suffered, the Argentinian institutional system has to be reformed so that its application over them not being illegitimate. I propose three measures to achieve this aim: self-government over internal affairs, indigenous representatives in the Senate, and institutional change by a simple majority of votes. (shrink)

What are the respective roles and responsibilities of global, national, and local communities as well as individuals themselves to address health deprivations and avert health threats? This article offers the beginnings of a theory of global health justice, arguing for universal ethical norms (general duty) with shared global and domestic responsibility (specific duties) for health. It offers a global minimalist view I call ‘ provincial globalism ’ as a mean between nationalism and cosmopolitanism, in which a provincial consensus must accompany (...) a global consensus on health morality. This minimalist account asserts global and national duties to promote human flourishing and, more specifically, individuals’ central health capabilities. In this view, justice requires prioritizing responsibilities through shared health governance to reduce shortfall inequalities in central health capabilities — a general duty to reduce premature mortality and escapable morbidity. It examines the difficulties presented by the philosophical principles of connectedness, causality, remediation, partiality, and capacity in the allocation of responsibility for global health. It offers a theory of responsibility allocation based on a functional, health agency centered and homeostatic balanced understanding of the analytical components required to solve global health problems and parcels out roles and responsibilities at the global, national, local, and individual levels accordingly. Allocations of responsibility rest on the effectiveness and special obligations of different actors, respecting self-determination by groups and individuals and seeking voluntary commitments . This view understands that the remedy for global health problems must be sustainable to take nations and the global health community to a new global health equilibrium that remedies current problems and prepares for new health threats to come. (shrink)

War should be understood as an actual, intentional and widespread armed conflict between political communities. Thus, fisticuffs between individual persons do not count as a war, nor does a gang fight, nor does a feud on the order of the Hatfields versus the McCoys. War is a phenomenon which occurs only between political communities, defined as those entities which either are states or intend to become states (in order to allow for civil war). Classical war is international war, a war (...) between different states, like the two World Wars. But just as frequent is war within a state between rival groups or communities, like the American Civil War. Certain political pressure groups, like terrorist organizations, might also be considered “political communities,” in that they are associations of people with a political purpose and, indeed, many of them aspire to statehood or to influence the development of statehood in certain lands. (shrink)

The word ‘cosmopolitan’, which derives from the Greek word kosmopolitês (‘citizen of the world’), has been used to describe a wide variety of important views in moral and socio political philosophy. The nebulous core shared by all cosmopolitan views is the idea that all human beings, regardless of their political affiliation, do (or at least can) belong to a single community, and that this community should be cultivated. Different versions of cosmopolitanism envision this community in different ways, some focusing on (...) political institutions, others on moral norms or relationships, and still others focusing on shared markets or forms of cultural expression. The philosophical interest in cosmopolitanism lies in its challenge to commonly recognized attachments to fellow citizens, the local state, parochially shared cultures, and the like. (shrink)

This essay develops a detailed account of the features that make a group susceptible to the harm of genocide. If the members of a group consent to a life in common, if the culture of the group is comprehensive, and if the social structure of the group is such that membership cannot easily be renounced, then the flourishing of the group's culture and social ethos will have profound and far‐reaching effects on the well‐being of its individual members. Systematic destruction of (...) cultural and social institutions under these conditions will eventuate in individuals suffering the harms and deprivations peculiar to the crime of genocide. The later sections of the essay illustrate and further defend the thesis that “social death” is the harm that distinguishes genocide from other forms of political violence. (shrink)

Allen Buchanan holds that nations do not have a general primary unilateral right to secede. However, nations could legitimately secede if there were a special right to do so, if it were the result of negotiations and, more importantly, if some previous injustice had to be repaired. According to Buchanan, the three kinds of injustice that allow for unilateral secession are: violation of human rights, unjust annexation of territories, and systematic violations of previous agreements on self-government. I agree that nations (...) only have a general remedial right to unilateral secession. But I argue that nations also have a general primary right to self-determination not held by other cultural groups. In virtue of this general primary right, nations also have a primary right to internal self-determination. I will then argue that the "past injustices" should include a failure to comply with internal self-determination. I also want to show that this alternative version of the Remedial Right Only theory meets the constraints, imposed by Buchanan himself, upon any satisfactory institutionalization of the principles governing secession. In the end, it will appear that my own version fares much better than Buchanan's in meeting these constraints. (shrink)

Will Kymlicka argues that societal culture matters to liberalism because it contributes to its members’ freedom. If so, multiculturalism that advocates group rights to sustain minority societal cultures in the liberal West is in fact entailed by liberalism, the core value of which is individual freedom. “Freedom,” then, functions as the main bridge between liberalism and multiculturalism in Kymlicka’s position. Kymlicka is correct that societal culture contributes to its members’ freedom by providing them with meaningful options. The sense of freedom (...) enabled by culture, however, is not equivalent to the notion of freedom advocated by mainstream liberalism, liberal autonomy. I argue in this paper that Kymlicka’s liberal multiculturalism is an inconsistent and therefore implausible theoretical construct because Kymlicka unwittingly equivocates on “freedom” in using its two distinct senses interchangeably. (shrink)

Most Third World feminists consider nationalism as detrimental to feminism. Against this general trend, I argue that “polycentric” nationalism has potentials for advocating feminist causes in the Third World. “Polycentric” nationalism, whose proper goal is the attainment and maintenance of national self-determination, is still relevant in this neocolonial age of capitalist globalization and may serve feminist purposes of promoting the well-being of the majority of Third World women who suffer disproportionately under this system.

Cosmopolitanism – the view that moral concern, and consequently moral duties, are not limited by borders – seems to justify colonialism with a ‘civilizing’ mission, because it supports the enforcement of moral norms universally, with no distinctions between territories, and settler colonialism, because it promotes ideas like common ownership of the Earth and open borders. I argue that existing attempts to defend cosmopolitanism from this worry fail, and that instead the cosmopolitan should embrace a cosmopolitan instrumentalist defence. According to cosmopolitan (...) instrumentalism, colonialism is wrong (when it is wrong) for instrumental reasons: it has all sorts of terrible effects. There is nothing per se wrong with colonialism itself, so cosmopolitanism need not worry about licencing it in principle. There is much that is wrong with colonialism in practice, so cosmopolitanism can easily condemn colonialism as egregiously wrong, although it cannot condemn it as per se or necessarily wrong. (shrink)

In this article, I argue that because co-nationals have an intrinsically valuable relationship, they have a presumptive claim against interference in their collective affairs. My argument from the claim that co-nationals have an intrinsically valuable relationship to the presumptive claim against interference is threefold, and I set it out in section “From Intrinsic Value to Self-Determination”: firstly, parties to an intrinsically valuable relationship have a respect-based claim to autonomy. Secondly, the relationship between co-nationals realizes some important goods, and collective autonomy (...) is internally related to these. Finally, the fact that co-nationals have an intrinsically valuable relationship, and affective attachments means that they have a strong interest in carrying out certain activities together, without interference from outsiders. In section “Grounding the Presumptive Claim,” I argue that these three grounds cumulatively amount to a presumptive claim to collective autonomy. I outline the implications for the issue of secession. (shrink)

Russia’s war against Ukraine has grave consequences in several political categories. These include: a reassessment of the school of ‘political realism’, one of whose proponents claims to have predicted the war. Was the West partly ‘responsible’ for the war? Second, to what extent does the war of aggression, as an undeniable violation of law, damage the status of international law and justice? Third, the war is embedded in political developments that stretch back a century. It is examined in its context (...) within American foreign policy since the Wilsonian peace programme, in relation to the dangerous reluctance of the EU to pursue a decisive geopolitical policy towards Russia, and interpreted in the light of Stalinist echoes within Russian politics. (shrink)

In this open access book, Timothy Aylsworth and Clinton Castro draw on the deep well of Kantian ethics to argue that we have moral duties, both to ourselves and to others, to protect our autonomy from the threat posed by the problematic use of technology. The problematic use of technologies like smartphones threatens our autonomy in a variety of ways, and critics have only begun to appreciate the vast scope of this problem. In the last decade, we have seen a (...) flurry of books making “self-help” arguments about how we could live happier, more fulfilling lives if we were less addicted to our phones. But none of these authors see this issue as one involving a moral duty to protect our autonomy. (shrink)

This paper proposes an original account, based on the capabilities approach, that explains which kinds of attachment to natural resources are sufficiently morally weighty to give rise to special resource rights. The paper provides a critique of current attachment theories, which fail to provide a clear way to differentiate between what is a preference and what is a legitimate attachment, and thereby justify overreaching resource rights. It then examines Armstrong’s welfarist account of natural resources justice, and argues that the capabilities (...) approach can be used to specify the relevant dimensions of well-being, as elements of human flourishing. A capabilities-based account is appealing because it is more limited in scope than existing attachment theories, and able to make finer distinctions regarding the scope and content of individuals’ rights claims. Attachment claims are legitimate when the valuable basic capabilities held by individuals depend on their relationship to specific natural resources. By using capabilities as a mediating concept, we can detect more precisely when attachment claims are normatively significant and can ground special resource rights. (shrink)

In this paper, I consider the objection that unilateral secession by a national group (e.g., the Scots) from a legitimate, nonusurping state would wrong minority nationalities within the seceding territory. I show first that most proponents of this objection assume that the ground of the right to national self-determination is the protection of the group’s culture. I show that there are alternative justifications available. I then set out a version of this objection that does not rely on this claim; on (...) this objection, a national minority that seceded and created its own state would commit an expressive wrong against minorities within the territory over which it claimed jurisdiction. I show that this objection is undermotivated: only under a specific set of circumstances would the minorities of the secessionist region be subject to an expressive wrong. Finally, I show that the correct way to think about the claims of minorities in secessionist regions is in terms of a claim to secure access to equal civic status such that they are not at risk of becoming justifiably alienated from their new state. If a secessionist group cannot provide this guarantee to the minority residents of their territory, then their seceding would commit wrongful harm, and the presumption in favour of collective autonomy is defeated. I call this defeater the ‘Alienation Defeater.’With this in hand, we are now in a position to explain why nations are normatively special. Responding to the objections broached by Allen Buchanan and others, I show that even if other kinds of groups, such as religious groups, have the features in virtue of which nations have a claim to self-determination, this does not entail that those groups also have the right to secede. This is because an account of self-determination needs a list of ‘defeaters’—features in virtue of which a group’s claim to self-determination is defeated. I argue that religious groups are the strongest candidate for having a claim to collective autonomy in virtue of sharing many features with nations. I then argue that religious groups will run afoul of the Alienation Defeater; religious identity is too narrow to be the basis of the dominant collective identity of a state. This does not apply to nationality. This, I explain, is because of qualitative differences between religious groups, qua religious groups, and nations. (shrink)

The immigration debate in political theory has produced a series of accounts that justify the state’s right to exclude potential immigrants, where the right of self-determination figures prominently. We challenge two prominent accounts of the self-determination-based right to exclude and defend a circumscribed right to exclude and a corollary duty to admit immigrants, based on our ‘people relationship goods’ account of self-determination. Our conception reconciles the moral claims of global opportunity migrants with the well-being and non-alienation interests of the locals. (...) It therefore provides a principled answer to the philosophical question underlying pressing political conflicts today, namely what is the permissible scope of exclusion by self-determining political communities, in light of weighty global moral demands of inclusion. (shrink)

This article grounds the morality of secession on two forms of collective self-determination: one manifests the communal goods of secessionists and the other the value of shared political institutions. Secession is morally valuable when the two are incompatible such that the claimant confronts persistent alienation. For remedial rights theories, only ‘strict violations’ permit secession. For primary rights theories, ‘broad violations’ grant secession as a last resort, and so this thesis, ‘collective self-determination as nonalienation’, should be accepted regardless. First, as the (...) two collective forms of self-determination develop two forms of territorial rights, it supplements cogent accounts of territorial justification for, and claims to, secession. Second, as persistent alienation can have both strict and broad interpretations, it also provides moral grounds shared by remedial and primary rights theories if they concede the value of collective self-determination. The strict sense refers to persistent coercion that violates personal autonomy and nullifies state legitimacy. The broad interpretation denotes long-term political frustration caused by unreasonable prevention of greater collective autonomy that even legitimate states may achieve. Third, to verify whether this amounts to long-term political frustration and to address persistent alienation, secession should be regarded as a last resort, despite its support from the primary rights account. (shrink)

I defend the cosmopolitan instrumentalist theory of secession, according to which a group has a right to secede only if this would promote cosmopolitan justice. I argue that the theory is preferable to other theories of secession because it is an entailment of cosmopolitanism, which is independently attractive, and because, unlike other theories of secession, it allows us to give the answers we want to give in cases like secession of the rich or secession that would make things worse for (...) minorities. I defend the view against the objections that it allows for colonialism and annexation, that it is not a distinct theory, and that it is impractical. (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.

Journal of Social Philosophy, EarlyView.

In this thesis, I demonstrate how the numerous forms of oppression are grounded in a hierarchical and binary thinking that permeates racism and sexism and that is present throughout the feminist movement. It is this biased thinking that creates further divide among diverse social groups resulting in a foundation for justifying oppressive practices. I argue that the human rights framework is the best by which to defeat this problematic thinking, fostering a collectivity among disparate people and establishing a more appropriate (...) footing upon which to face the problems of feminism. In the end, I claim that there must be a global commitment to end oppression that begins with educating people as to the unjustified harm created by biased and binary thinking and to the effectiveness of a human rights approach in eliminating any validation of oppression. (shrink)

Multiple authors have argued that moral cosmopolitanism, the thesis that every human has a global stature as an ultimate unit of moral concern, is compatible with domestic egalitarianism. This is because they believe that from equal concern does not follow equal treatment, and it might be possible to impartially justify partial treatment. Some such attempts at justifying restricting the scope of egalitarian demands of distributive justice to the state proceed by application of Rawls’s principle of fairness to the provision of (...) basic goods. But such relational approaches have been criticized by institutionalists who believe there is a global basic structure for the provision of basic goods. Institutional approaches, however, have themselves been criticized for relying on less than global institutions, such that the egalitarianism that they may justify is not truly global either. We argue that beyond institutionally provided goods there are nonetheless some goods whose provision is truly global, such that we can find a relational foundation for global egalitarianism, from which we can argue for cosmopolitan institutionalization. (shrink)

Automated Influence is the use of Artificial Intelligence to collect, integrate, and analyse people’s data in order to deliver targeted interventions that shape their behaviour. We consider three central objections against Automated Influence, focusing on privacy, exploitation, and manipulation, showing in each case how a structural version of that objection has more purchase than its interactional counterpart. By rejecting the interactional focus of “AI Ethics” in favour of a more structural, political philosophy of AI, we show that the real problem (...) with Automated Influence is the crisis of legitimacy that it precipitates. (shrink)

We defend the moral and legal right to secede in accordance with plebiscitary theory. Our paper has three main goals. First, by offering a schematic characterization of plebiscitary theory, the main arguments in its favour (and the main objections to them), we contribute to clarify the structure of this complex debate. Second, we stress the point that, if the moral right to secede is established, the resistance for its inclusion into positive law is unjustified. Finally, by addressing old and new (...) objections to plebiscitary theory, we hope to make a compelling case for a wider recognition of secessionist rights. (shrink)

Nossa seleção de verbetes parte do interesse de cada pesquisador e os dispomos de maneira histórico-cronológica e, ao mesmo tempo, temática. O verbete de Melissa Lane, “Filosofia Política Antiga” vai da abrangência da política entre os gregos até a república e o império, às portas da cristianização. A “Filosofia Política Medieval”, de John Kilcullen e Jonathan Robinson, é o tópico que mais demanda espaço na nossa seleção em virtude das disputas intrínsecas ao período, da recepção de Aristóteles pelo medievo e (...) da tensão entre poder Papal e Civil. No verbete “Liberalismo”, de Gerald Gaus, Shane Courtland e David Schmidtz, vemos as fontes fundantes da Filosofia Política da modernidade. As ideias de liberdade negativa e positiva se coadunam com a Ética Liberal e sua influência sobre a abrangência do valor fundamental da liberdade individual diante das políticas públicas. O texto de Ian Carter, “Liberdade Positiva e Liberdade Negativa”, expõe o paradoxo da liberdade em suas concepções valorativas e neutra, muito úteis para compreender os problemas políticos que enfrentamos hoje. Por fim, Bas Van Der Vossen no texto “Libertarianismo” trata das noções tensas entre Estado e indivíduos. A concepção de “liberdade de si”, genuinamente negativa, ganha destaque justificatório. Jackie Scully, no verbete Bioética Feminista, exemplifica o valor da influência dessas correntes no âmago de todos os contemporâneos. Sua escrita homenageia postumamente Anne Donchin com um apanhado histórico da luta de inserção de políticas feministas na pesquisa acadêmica global. No verbete “Democracia”, os professores brasileiros Gustavo Dalaqua e Alberto Ribeiro Barros acrescentaram tópicos importantes ao tema geral, respectivamente: “Construtivismo Representativo vs. Representação Descritiva” e “Democracia Contestatória de Philip Pettit”. O texto de Thomas Christiano perpassa os principais argumentos de justificação política contra e a favor da democracia ocidental, com foco central nas concepções de liberdade e igualdade. Os verbetes dispostos nessa seleção de textos são tendenciosos na medida que expressam o interesse genuíno de cada pesquisador com os assuntos relevantes em suas pesquisas. Em virtude disso, a escolha “adota um lado” em detrimento de outros – mais especificamente: de outro que poderia ser mais “progressista”. Por si só, o livro já nasce reclamando um segundo volume, que será providenciado. Colocamos de lado qualquer exigência de “imparcialidade”, algo que não existe na Filosofia, muito menos na Filosofia Política. Sobressai, nesse aspecto, o caráter reflexivo que o assunto exige e a importância do assunto, sem o qual não teríamos a modernas concepções de representatividade, as teorias da justiça ou mesmo as ciências sociais. Um outro volume, portanto, se faz imperativo, por conta da abrangência da própria SEP e do respeito a seu projeto inicial, genuinamente um plano plural. (shrink)

In Liberalism’s religion, Laborde defends a liberal egalitarian position and tackles, from a new perspective, some issues dealt with in his republican writings. This article examines some of these issues, paying attention to the place that the recognition of identities occupies both in her republican and in her liberal theories, as well as the type of justification advanced in both cases. The article shows that the recognition of identities has gone from having a peripheral and instrumental role in her republican (...) writings to having a central role in her liberal theory. (shrink)

In this paper, I show how a novel treatment of speech acts can be combined with a well-known liberal argument for multiculturalism in a way that will justify claims about the preservation, protection, or accommodation of minority languages. The key to the paper is the claim that every language makes a distinctive range of speech acts possible, acts that cannot be realized by means of any other language. As a result, when a language disappears, so does a class of speech (...) acts. If we accept that our social identities are in large part constituted by the decisions we make about how to speak, language loss, then, will amount to a substantial infringement on our autonomy in a particularly important domain. (shrink)

This article challenges the assumption, widespread in European constitutional discourse, that ‘national identity’ and ‘constitutional identity’ can be used interchangeably. First, this essay demonstrates that the conflation of the two terms lacks grounding in a sound theory of legal interpretation. Second, it submits that the requirements of respect for national and constitutional identity, as articulated in the EU Treaty and in the case law of certain constitutional courts, respectively, rest on different normative foundations: fundamental principles of political morality versus a (...) claim to State sovereignty. Third, it is argued that the Treaty-makers had good reasons for writing into the EU Treaty a requirement of respect for the Member States’ national identities rather than the States’ sovereignty, or their constitutional identity. (shrink)

World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, I examine (...) the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

Many existing defenses of group rights seem to rely on the notion of group freedom. To date, however, no adequate analysis of this notion has been offered. Group freedom is best understood in terms of processes of social categorization that are embedded in social mechanisms. Such processes often give rise to group-specific constraints and enablements. On the proposed social mechanism account, group rights are demands for group freedom. Even so, group rights often serve to eradicate individual unfreedom. Furthermore, generic measures (...) sometimes provide the most appropriate solution to a problem of group unfreedom. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This historic event may (...) seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate a multiplicity of cultural (...) perspectives, the author takes up a number of applied issues, including the persistence of racism, cultural rights, women's human rights, the democratic management of firms, the use of the Internet to enhance political participation, and the importance of empathy and genuine democracy in understanding terrorism and responding to it. Accessibly written with a minimum of technical jargon this is a major contribution to political philosophy. (shrink)

When should burdened social practices be granted special accommodation? One issue of concern—raised by Okin and others—is that some social practices involve domination, and so the accommodation of those practices might (inadvertently, perhaps) support social injustice. Suppose one wants to take this concern very seriously. Starting from the assumption that freedom from domination is an especially important value, this article examines whether cultural accommodation would ever be advisable. Approaching the problem of multicultural accommodation from this point of view greatly clarifies (...) the debate and yields some interesting results. In particular, the discussion concludes that there are circumstances under which the goal of minimizing domination itself would be furthered by policies of special accommodation. (shrink)

All theories of the right to secede either understand the right as a remedial right only or also recognize a primary right to secede. By a right in this context is meant a general, not a special, right (one generated through promising, contract, or some special relationship). Remedial Right Only Theories assert that a group has a general right to secede if and only if it has suffered certain injustices, for which secession is the appropriate remedy of last resort.1 Different (...) Remedial Right Only Theories identify different injustices as warranting the remedy of secession. (shrink)

It is commonly argued that cultural objects ought to be returned to their place of origin in order to remedy injustices committed in the past. In this paper, it is shown that significant challenges attach to this way of arguing. Although there is considerable intuitive appeal in the idea that if somebody wrongs another person then she ought to compensate for that injustice, the principle is difficult to apply to wrongdoings committed many decades or centuries ago. It is not clear (...) that historic injustices can meaningfully be corrected, or compensated for, and there are several arguments why, even in cases where there is a prima facie moral case for compensation, repatriation might not be a legitimate means of remedy. In order to bring analytical clarity to the issue, this paper discusses the various steps of the argument that must be addressed in order to ground a valid repatriation claim based on historic injustices. (shrink)

Modern rationalism transformed the modern homeland to a discursive space and time by means of institutes governing the modern society in all its walks. Based on the Newtonian and Kantian conception of space and time the discursive field is just a scene wherein any human individual adopts stewardship to create progress by reducing landscape and non-human life to auxiliary items for human’s benefit. In contrast, Aldo Leopold considered humans, non human life and the landscape as mutually influencing participants and enlarged (...) ethical care to all living participants and the landscape, called ´the land´. Integrity and autonomy of the homeland are the central topics of Leopold’s land ethics. Baird Callicott suggested to complete it with new metaphysical conceptions of space and time. -/- We formulated a metaphysical background for Leopold’s land ethics by phenomenology of space and time based on the Leibnizian conception of space-time. The latter is constructed by particular places and events called ´ecotopois´ embracing all human participants, locals and foreigners in a varying symbolic temporal and spatial field of dynamic process of identification and self consciousness. Adopting Warwick Fox´ transpersonal identification idea non-human life and landscape enriches these processes. Finally, it is not a matter of conquering the land, it is matter of making a community. -/- Though landscape and participants are particular, integrity and autonomy of the homeland claim the universal status of the land. Adopting Gadamer hermeneutical way of understanding, we reject mutual and equally understanding. Only acceptance of mutual prejudice makes room for asymmetric praxis between locals and foreigners as well as between humans and non-humans. What is more, Gadamer´s hermeneutics makes an ontological status of the foreigner possible and recognizes the interest of homeland’s particularity. This universal status is guaranteed as a priori space-time that links subject’s tradition and that of the land to actual contact with the foreigner. Transpersonal identification is a consequence of converging hermeneutical understanding of foreigner’s particularity and that of the landscape. Ethics of the land evolves from the ethical status of any foreigner in the own homeland. -/- . (shrink)

The principle of national self-determination holds that a national community, simply by virtue of being a national community, has a prima facie right to create its own sovereign state. While many support this principle, not as many agree that it should be formally recognized by political institutions. One of the main concerns is that implementing this principle may lead to certain types of inequalities—between nations with and without their own states, members inside and outside the border, and members and nonmembers (...) inside the same nation state. While these inequalities may arise, I shall argue that they are not unjust. These worries are partly the results of confusing two types of interests that a national group may have—in cultural affairs and in political affairs. While a national community should enjoy rights over their cultural affairs, this does not grant them authority over other non-cultural, political affairs. Once the distinction is drawn, we can see that there are constraints on the implementation of this principle. Consequently, these inequalities justify setting limits to a group’s right of self-government, although they do not conclusively refute the right itself. (shrink)

Allen Buchanan proposes a methodological framework with which theorists may evaluate different theories of secession, including the National Self-Determination theory. An important claim he makes is, because the right to secede is inherently institutional, any adequate theory of secession must include, as an integral part, an analysis of institutional morality. Because the National Self-Determination theory blatantly lacks such an analysis, Buchanan concludes that this theory is inherently flawed. In this paper, I consider Buchanan’s framework and the responses from supporters of (...) national self-determination theory. I try to clarify the confusion shared by both parties. I conclude that, although Buchanan’s theory of institutional morality is sound, his critiques of the national self-determination theory fails. (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)

The secession of prosperous regions may negatively affect the redistributive scheme of an established state. As a consequence, the capacity of its welfare system to support the inhabitants of poorer regions may be significantly reduced. Some authors assert that affluent groups who opt for full political independence violate duties of solidarity. This objection to the secession of prosperous regions can be based on different views of distributive justice. Here, following a distinction that has been introduced by Allen Buchanan, ‘subject centred’ (...) and ‘justice as reciprocity’ theories are explored. It is argued that both theories fail to support the case against the secession of wealthy groups. ‘Subject centred’ theories cannot explain special duties toward compatriots, whereas ‘justice as reciprocity’ theories cannot justify restrictions on exit rights. However, this does not mean that separatists have no moral duties vis-à-vis their fellow citizens. They are obliged to dissolve the political union in a fair way, e.g., by accepting responsibility for some share of the public debts. (shrink)

Many influential Western feminists of diverse backgrounds have expressed concerns that multiculturalism, while strengthening the power of racial ethnic minorities vis-à-vis the majority, worsens the position of its most vulnerable members, women. Despite their good intentions, these feminists have been consistently dismissive of the voices of racial ethnic women, many of whom argue for the importance of sustaining their own “illiberal” cultures within the Western context. I offer a Third World feminist defense of multiculturalism by paying attention to these women (...) whose varying assessments of multiculturalism are less unequivocally negative, more ambivalent and complex, and even affirming and positive. (shrink)

Some argue that same-sex marriage is not an equal rights issue because, where same-sex marriage is illegal, heterosexuals and homosexuals have the exact same right to marry—i.e., the right to marry one adult of the opposite sex. I dispute this argument by pointing out that while societies that prohibit same-sex marriage equally permit individual heterosexuals and homosexuals to marry one adult of the opposite sex, same-sex couples in such societies are denied an important right that opposite-sex couples enjoy—i.e., the right (...) to marry. I argue that the right to marry is fundamentally, not an individual right, but a couple’s collective right, analogous to assembly rights. (shrink)

In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what (...) follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why it ought to have a privileged place in our discussion of the topic. I further show why this style of argument neither allows states to limit nearly all immigration nor requires them to have almost no limits on immigration. I conclude by showing that all states must allow some degree of family-based immigration, and that this is a duty owed not to ‘outsiders’ seeking to enter, but rather to current citizens. (shrink)

Avishai Margalit, The Decent Society (translated by Naomi Goldblum).