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.

An important question confronting feminist philosophers is why women are sometimes complicit in their own subordination. The dominant view holds that complicity is best understood in terms of adaptive preferences. This view assumes that agents will naturally gravitate away from subordination and towards flourishing as long as they do not have things imposed on them that disrupt this trajectory. However, there is reason to believe that ‘impositions’ do not explain all of the ways in which complicity can arise. This paper (...) defends a phenomenological account of complicity, which offers an alternative explanation. (shrink)

This article argues that a state-centered theory of global justice exhibits an epistemic problem of perspective, and that this worry exhibits a gendered character. Within a liberal domestic theory of justice, the public/private distinction has been repeatedly shown to be bad for women because it creates a domain for injustice that becomes invisible to public policy and the law. This article argues that state-centered theories of global justice create an analogous space that is cut off from questions of global justice. (...) The article therefore suggests that this way of framing questions of global justice is problematic, and is problematic for women in particular. Just as the public/private distinction in liberal domestic justice leaves cases of injustice outside the vision of the law, the hard distinction between the domestic (state) sphere and the international realm of justice leaves cases of injustice invisible to international law. For the question of global justice, the privileging of sovereignty and non-intervention compromises the ability of the theory to achieve its purported goal of universal justice. (shrink)

Many contemporary forms of oppression are not primarily the result of formally organized collective action nor are they an unintended outcome of a combination of individual actions. This raises the question of collective responsibility. I argue that we can only determine who is responsible for oppression if we understand oppression as a matter of social practices that create obstacles for social change. This social practice view of oppression enables two insights: First, that there is an unproblematic sense in which groups (...) can bear irreducible collective responsibility for oppression. Second, that there are derived forms of individual responsibility for members of dominant groups. (shrink)

Western moral and political theorists have devoted much attention to the victimization of women by non-western cultures. But, conceiving injustice to poor women in poor countries as a matter of their oppression by illiberal cultures yields an imcomplete understanding of their situation.

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

In this book I offer a critical, comparative and empirically-informed defense of Islamic schools in the West. To do so I elaborate an idealized philosophy of Islamic education, against which I evaluate the situation in three different Western countries. I examine in detail notions of cultural coherence, the scope of parental authority v. a child's interests, as well as the state's role in regulating religious schools. Further, using Catholic schools as an analogous case, I speculate on the likely future of (...) Western Islamic schools. (shrink)

The concept of dignity plays a foundational role in the more recent versions of Martha Nussbaum’s capabilities theory. However, despite its centrality to her theory, Nussbaum’s conception of dignity remains under-theorised. In this paper we critically examine the role that dignity plays in Nussbaum’s theory by, first, developing an account of the concept of dignity and introducing a distinction between two types of dignity, status dignity and achievement dignity. Next, drawing on this account, we analyse Nussbaum’s conception of dignity and (...) contrast it with Kant’s conception of dignity. On the basis of this comparison between Nussbaum and Kant, we highlight tensions between Nussbaum’s Aristotelianism, which is central to her conception of dignity, and her commitment to political liberalism. This leads us to conclude that Nussbaum’s claim that her conception of dignity is only a partial political conception is implausible and that her conception of dignity seems to commit her to a satisficing form of perfectionist liberalism. (shrink)

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

I argue that postcolonial feminist critiques draw our attention to four phenomena that are easily confused with what I call ?paradigmatic adaptive preference? ? and that the ability to distinguish these phenomena can improve the quality of development interventions. An individual has paradigmatic adaptive preferences (APs) if she perpetuates injustice against herself because her normative worldview is nearly completely distorted. The four look-alike phenomena postcolonial feminist critics help us identify are (a) APs caused by selective value distortion (SAPs), (b) APs (...) caused by forced tradeoffs (TAPs), (c) APs caused by misperceptions of the facts (MAPs), and (d) wellbeing-compatible preferences that are misunderstood because of a lack of cultural or contextual knowledge. The first three, I argue, are non-paradigmatic forms of AP that have gone previously unrecognized and that we need to expand our conceptual vocabulary to describe; the last is not a form of AP at all. Development practitioners can grapple more seriously with the real-world complexities of moral psychology and cross-cultural moral judgments if they are capable of distinguishing paradigmatic AP from the look-alike phenomena. (shrink)

Many of the most popular liberal arguments for cultural rights all note that the world is formed into groups. But in the attempt to universalise these arguments, it is too often assumed that the nation is the most important of these groups. This focus upon the nation ignores the many and varying bases of self?respect. It overlooks the fact that self?respect may be tied to many different kinds of groups. Further, most discussions of cultural rights are fuelled by the experience (...) of particular groups. Which groups depends on the theorist and issue at hand. The discussion may be sound for the particular group being discussed. But then many cultural rights theorists, in generalising from one case to others, may not have good reason to do so, leading into a mistaken universalism. The study of cultural rights arguments, with closer reference to the case studies that underpin them, should serve to limit illicit generalisation and to illuminate the true value of cultural rights arguments. (shrink)

In this paper I briefly set out Susan Moller Okin’s liberal feminist position and then rehearse a number of criticisms of Okin which together suggest that dismantling the gender system and adopting the principle of androgyny would not be compatible with liberalism. This incompatibility appears to vindicate an extreme feminist critique of liberalism. I argue that nevertheless a liberal feminism is possible. The liberal feminist ought to adopt the principle of parity, that is, guaranteed equal representation of both sexes in (...) parliament, rather than the requirement of androgyny. Parity follows from a conception of procedural justice, for it provides a mechanism which guarantees that the interests of both sexes are fairly represented in the legislature. Parity may also go some way to alleviating the tensions which exist between feminism and multiculturalism. (shrink)

In the early 1990’s, many feminist philosophers found that the practice of the women´s movement as well as those of other new social movements, could be articulated most adequately in terms of citizenship. The classical political vocabulary of citizenship seemed to offer a viable alternative to the vocabularies that until then had been dominant in feminist political theory: the individualistic, rights-oriented discourse of liberalism, and the structuralist, interest-oriented perspectives of socialism and marxism.

This paper addresses the problem of disputed cultural practices within liberal, deliberative democracies, arguing against the currently dominant view, advocated by Susan Okin among others, that such problems represent a fundamental tension between two liberal values: gender equality and cultural autonomy. Such an approach, I argue, requires the state to render normative judgements about conceptions of the good life, something which is both arbitrary and unfair in societies characterised by reasonable pluralism. Disputed practices, I claim, are defined by the existence (...) of reasonable disagreement over their legitimacy, which means they need to be resolved in a way that abstains from morally evaluating the religious or cultural doctrines of the group in question. The paper therefore articulates a cost-based approach to such problems. The cost-based approach focuses our conceptual attention on the sorts of publicly identifiable costs that any state decision will have on the various parties to a dispute. By restricting itself to public reasons, this method thereby avoids arbitrarily privileging certain conceptions of the good at the expense of others when determining the boundaries of reasonable pluralism. (shrink)

An education for cultural coherence tends to the child’s well-being through identity construction and maintenance. Critics charge that this sort of education will not bode well for the future autonomy of children. I will argue that culturally coherent education, provided there is no coercion, can lend itself to eventual autonomy and may assist minority children in countering the negative stereotypes and discrimination they face in the larger society. Further, I will argue that few individuals actually possess an entirely coherent identity; (...) rather, most of us possess hybrid identities that lend themselves to multiple, not necessarily conflicting allegiances. (shrink)

In this paper, I offer a descriptive and normative analysis of the requirements for effective transnational solidarity between southern NGOs and their northern partners. Drawing on interviews conducted with staff members of Senegalese women’s rights NGOs and a private international development foundation, I contend that existing theories of feminist transnational solidarity cannot allow us to properly acknowledge the power asymmetries and obstacles to solidarity that these NGOs are facing. After assessing the divisions related to gender interests and limited resources that (...) characterize this NGO-ized development landscape, I develop a partial theory of transnational solidarity that would center power asymmetries in order to address practical and political obstacles to solidarity. I argue that an effective account of transnational solidarity must include a commitment to disrupting global hierarchies of power as well as to building practices of accountability and attentiveness to power structures. (shrink)

Culture, health, and medicine intersect in various ways—and not always without friction. This paper examines how liberal multicultural states ought to interact with diverse communities which hold different health-related or medical beliefs and practices. The debate is fierce within the fields of medicine and bioethics as to how traditional medicines ought to be regarded. What this debate often misses is the relationship that medical traditions have with cultural identity and the value that these traditions can have beyond the confines of (...) the clinical setting. This paper will attempt to bring some clarity to the discussion. In so doing, it will delve into some controversial areas: (1) the debate around whether liberal states ought to embrace multiculturalism, (2) the existence and nature of group-differentiated rights, (3) the question of whether healthcare systems ought to embrace medical pluralism, and (4) what this would entail for policymakers, clinicians, and patients. Ultimately, I argue that liberal democratic states with multicultural populations ought to recognize medical pluralism as a matter of respecting group-differentiated and individual human rights. (shrink)

The defection thesis holds that members of marginalized social groups are obligated not to express views important to others in the group that are regarded by the others as substantively wrong. In this essay, I evaluate arguments that seek to vindicate the defection thesis and conclude they all fail. Then, I argue that we have reason to believe sanctioning defectors in certain ways is wrongful and that the expression of their contentious ideas is good for members of marginalized groups. We (...) are left to conclude both that members of marginalized groups have no obligation to suppress certain heterodox views and that it is likely wrong to sanction them for expressing these views even if it were wrong for them to do so. (shrink)

Multicultural societies are far more likely than others to include minorities committed to the pursuit of practices that offend the majority, and treating the cultural commitments of all citizens fairly will require some set of guiding principles to distinguish tolerable ‘cultural controversies’ from intolerable ones. This paper does not directly address the moral question at stake here (i.e. demarcating the limits of toleration) but rather seeks to provide a politically justifiable normative argument to explain when tolerant restraint is necessary, permissible (...) or prohibited. This argument emerges from a concern to treat the cultural commitments of all citizens fairly. In turn, the argument indicates a potential reconciliation of the ‘politics of toleration’ with the ‘politics of respect’. (shrink)

Issues relating to diversity and pluralism continue to permeate both social and political discourse. Of particular contemporary importance and relevance are those issues raised when the demands associated with forms of pluralism clash with those of the liberal state. These forms of pluralism can be divided into two subcategories: thin and thick pluralism. Thin pluralism refers to forms of pluralism that can be accommodated by the existing liberal framework, whereas thick pluralism challenges this liberal framework. -/- This thesis is an (...) examination of four forms of political association that may be able to accommodate and support the demands of pluralism. These four models are Rawls’ political liberalism, Crowder’s value pluralism, Rorty’s post-foundational liberalism, and Mouffe’s radical democratic project. What unites these four forms of political association is their capacity to avoid the exclusionary effects of a form of liberalism that I, following Gaus, refer to as Enlightenment liberalism. As the name suggests, this conception of liberalism is anchored in the Enlightenment, and in particular with what may be considered as the Enlightenment view of reason. As such, therefore, Enlightenment liberalism is both universal and perfectionist. In this context, I argue that Enlightenment liberalism is a species of what Berlin refers to as ‘moral monism’. -/- These four forms of political association are ordered in such a way as to chart an intellectual trajectory. Rawls and Crowder are both situated firmly within the liberal tradition, whereas Rorty and Mouffe move beyond this, and embrace a form of post-foundational politics. It is in this trajectory that the second theme of this thesis emerges. This is centred on a paradox: in order to avoid the exclusionary effect of Enlightenment liberalism and embrace a form of political association that meets the demands of pluralism and diversity, the models examined still promote autonomy as the dominant virtue. (shrink)

Children are individuals, and they are owed rights as individuals. Here, I offer a defence of the child's right to bodily integrity against genital cutting and modification practices. The liberal commitment to the right to bodily integrity works with the harm principle as a liberty limiting commitment within a system that respects people's embodied moral personhood and their decisions about their lives and bodies. Like adults within a political system committed to the equal protection of individual rights, children must have (...) equal rights that transcend the differences between them. But, they are different to adults in important ways, both philosophically and empirically. I offer an account of the child's right to bodily integrity that recognises them as particular embodied individuals, and prioritises their welfare interest in having their bodily integrity respected. (shrink)

Philosophy and Literature is an internationally renowned refereed journal founded by Denis Dutton at the University of Canterbury, Christchurch. It is now published by the Johns Hopkins University Press. Since its inception in 1976, Philosophy and Literature has been concerned with the relation between literary and philosophical studies, publishing articles on the philosophical interpretation of literature as well as the literary treatment of philosophy. Philosophy and Literature has sometimes been regarded as iconoclastic, in the sense that it repudiates academic pretensions, (...) insidious jargon and institutional vogue. Dutton, who remains the editor, still writes a regular column. A distinctive feature of Philosophy and Literature was the annual Bad Writing Contest, held from 1995–98, which sought to identify (and publish) the ‘most stylistically lamentable passages’ of academic prose, often to great amusement. (shrink)

In the Algerian War of Independence, women famously used both traditional and modern clothing as part of their revolutionary efforts against French colonialism. This paper uncovers some of the principal lessons of this historical episode through a phenomenological exploration of agency, religion, and political transformation. Part I draws primarily on the philosophical insights of Martin Heidegger and Maurice Merleau-Ponty alongside the memoirs of Zohra Drif, a young woman member of the Algerian Front de Libération Nationale, in order to explore the (...) worldly and habitual nature of human agency in contrast to the Enlightenment stress on individual rationality and autonomy. Part II turns to John Russon’s phenomenological interpretation of religion in order to argue for the ineluctable significance of religion on human existence, in contrast to the modern tendency to oppose religious tradition and secular modernity. Part III analyzes the dynamics of intercultural communication, and argues for the political power of phenomenology as a critical enterprise that enables more just and emancipatory visions of collective human life and political transformation to come to the fore. (shrink)

This paper examines conflicts of rights and competing interests in the context of the British equalities framework. The expansion of the grounds of European Union and domestic discrimination law beyond the traditional categories of race and sex to also include disability, sexual orientation, gender identity, religion or belief and age has made this an important issue. In addition, the increasing recognition of ‘equality’ and ‘non-discrimination’ as important rights raises the spectre of conflict with other human rights such as the right (...) to freedom of expression. This is potentially a vast area for analysis. This paper is a selective treatment of some of the main issues. It sets out these issues and some general principles for reform as a first step in developing a principled approach to conflicts in equality law and policy. (shrink)