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

This paper investigates the right of exit from religious associations. The liberal state has a compelling interest in overseeing exit, even if it implies some loss in religious group autonomy. Members should not be bound by rules they find unconscionable. They should be free to leave and able to do so. To enable exit, the paper advocates the use of membership contracts. Religious associations should issue a contract for members working for, residing in, or donating money to the association under (...) a regime of legal exemptions. The membership contract publicises the right of exit and offers a basis for negotiating and contesting its terms. It makes exit less “unthinkable” to members and helps tackle unreasonable economic costs to exit. (shrink)

Cet article est la traduction française de l’introduction du livre d’Ayelet Shachar, «The Puzzle of Birthright Citizenship», avec la permission de l’éditeur, tirée de The Birthright Lottery : Citizenship and Global Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 President and Fellows of Harvard College. Traduction de Martin Provencher.This paper is the French translation of Ayelet Shachar’s introduction, «The Puzzle of Birthright Citizenship», digitally reproduced by permission of the publisher from The Birthright Lottery : Citizenship and Global Inequality, Cambridge, (...) Mass.: Harvard University Press, pp.1-18. © 2009 by the President and Fellows of Harvard College. Translation by Martin Provencher. (shrink)

Theoretically, feminists ought to be the best deliberative democrats. However, political commitments to inclusiveness on issues of reproductive health and gay and lesbian rights, for example, create a boundary within feminism between those committed to the “feminist consensus” on these issues and women activists who share some feminist commitments, but not all. This article offers theoretically and empirically informed suggestions for how feminists can foster inclusive deliberation within feminist spaces.

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those (...) communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach. (shrink)

In this paper I argue that the idea of human dignity has a precise and philosophically relevant sense. Following recent works,we can find some important clues in the long history of the term.Traditionally, dignity conveys the idea of a high and honourable position in a hierarchical order, either in society or in nature. At first glance, nothing may seem more contrary to the contemporary conception of human dignity, especially in regard to human rights.However,an account of dignity as high rank provides (...) an illuminating perspective on the role it plays in the egalitarian discourse of human rights. In order to preserve that relational sense regarding human dignity, we can use the notion of moral status, towhich somemoral philosophers have paid attention in recent years.I explore the possibilities of the idea of moral status to better understand the idea of human dignity and its close relationship with human rights. (shrink)

A citizen is a member of a political community who enjoys the rights and assumes the duties of membership. This broad definition is discernible, with minor variations, in the works of contemporary authors as well as in the entry “citoyen” in Diderot's and d'Alembert's Encyclopédie..

A presente obra assume-se como um projeto genuinamente interdisciplinar de reflexão ética, interrogando os seus fundamentos e explorando as suas interseções com diversas áreas das Ciências Humanas e Sociais. Reunindo especialistas de distintas áreas, oriundos de países diferentes, o livro tem como fio condutor um diálogo polifónico com o pensamento ético contemporâneo, enraizando-se na tradição crítica que procura refundar a racionalidade prática na construção humana de sentido e, por conseguinte, refutar o niilismo e o relativismo axiológico absoluto.

Multilegalism is a species of legal pluralism denoting the existence of quasi-autonomous “minority jurisdictions” for at least some legal matters within a “normal” state jurisdiction. Multiculturalism in the advocatory sense might provide the justification for establishing such minority jurisdictions. This paper aims to provide 1) a detailed idea about what such a multicultural multilegal arrangement would amount to and how it differs from certain related concepts and legal frameworks, 2) in what sense some standard multicultural arguments could provide a starting (...) point for seriously considering multicultural multilegalism in practice, 3) how the idea fares against some standard liberal criticisms, and finally 4), to point out three salient problems for multilegalism, concerning a) choice of law problems, b) a dilemma facing us as to whether state supremacy should be upheld or not, and c) clashes with basic human rights. (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)

The notion of vulnerable groups has gained relevance in international legal instruments while being criticised in philosophical literature for its disabling potential and disempowering consequences. The article argues that the category of group vulnerability should not be abandoned, being an opportunity for resistance, visibility, and a place for dissent: vulnerable groups can both function as a sounding board for claims and make demands for recognition, resetting the political agenda and the topics of public debate, and allow the level of collective (...) needs to emerge from the level of individual interests, thereby guaranteeing a fairer distribution of resources. For this purpose, the article provides two definitions of group vulnerability that avoid both the risks of essentialism and of labelling outcomes. The article also analyses the political value of vulnerable groups, highlighting that it is conceivable as an enabling condition, a source of political agency and mobilisation. (shrink)

In her book, Politics of Piety: The Islamic Revival and the Feminist Subject, Saba Mahmood analyzes the practices of the women in the mosque movement in Cairo, Egypt. Mahmood argues that in order to recognize the participants as agents, we need to question the assumption that agency entails resistance to norms; moreover, we need to question the feminist allegiance to an unquestioned ideal of freedom. In this paper, I argue that rather than giving up the ideal of freedom, we can (...) explore the possibility that there are different conceptions of freedom, and that the agency of the women in the mosque movement can be understood through a conception of freedom as a practice of connection, or belonging. I develop this alternative paradigm through discussions of four conceptions of freedom: Foucault's theory of agency as self-creation, positive freedom, communitarian freedom, and freedom as resistance. (shrink)

Assuming similarities between the domestic and global spheres of justice, I consider how lessons from the debate over women's rights and multiculturalism can be applied to global justice. In doing so, I focus on one strain of thinking on global justice, current moderations and modifications to cosmopolitanism. Discussions of global justice tend to approach the question of gender equity in one of two distinct ways: through articulations a cosmopolitanism ethic, advancing women's rights with the discourse of universal human rights or (...) through the lens of Care Ethics. The former approach emphasizes a universal core shared by all human beings, the latter the specific relationships we each are situated within. Recently, the discourse of global justice has moved away from this universal/particular dichotomy, with a range of theories, call them rooted cosmopolitanisms. My goal in this paper is to consider how these rooted versions of cosmopolitanism might respond to issues of gender equity and women's rights. (1) In pursuit of this aim, I first outline the parameters that define rooted cosmopolitanism. (2) I then assume, for the sake of argument, a continuity between domestic and global domains of justice, a continuity which allows for a translation of insights gained in domestic debates over multiculturalism into the global domain. (3) Finally, offering an answer to my leading question, I claim that rooted cosmopolitanism might assist in the struggle to protect the well-being of women as it endeavors to advance global justice. (shrink)

Building upon an ethnographic exploration of the pedagogy and alternative dispute resolution activities of an Islamic feminist movement in India called the Indian Muslim Women’s Movement, this article speaks to the tension between Saba Mahmood’s influential account of religion and gendered agency, and a liberal feminist conception of gender equality. Anthropological explorations of Muslim women’s pious commitments as well as liberal feminist engagements with religion and culture are premised upon a presumed dichotomy between ethical engagements with religion, and a commitment (...) to gender equality. Yet there is little analysis in existing scholarship of how gender equality is constituted by social movements premised on a religious identity, such as Islamic feminist movements. This article moves beyond thinking about gender equality merely as an abstract liberal normative good to explore how the discourse of gender equality is constituted in a movement that brings together everyday ethical commitments inspired by notions of piety and concerted everyday struggles against social and legal inequality. The ethnographic vignettes show how gender equality connotes social and legal equality between men and women premised on their equal spiritual status as God’s creations, their equal pious obligations irrespective of gender and the equal imperative of ethical conduct on both men and women based on Quranic values of compassion and justice. The pursuit of gender equality also entails reinterpretation of social norms in the light of ethical conduct, and an ethical commitment to collective struggle against gender discrimination in state and non-state forums. (shrink)

Luce Irigaray classically challenges what she takes to be the masculine foundations of knowledge in Western liberal culture. The present article contends not only that this epistemological challenge implicates a radical feminist politics, but that it is also more helpful in formulating a multicultural feminist theory than is often acknowledged by her readers. This is because her account responds to the false neutrality of liberal feminist approaches to multiculturalism. It does so by supporting, at the socio-political level, transformative genealogical practices (...) that are aimed at fostering women's agency in culturally sensitive ways. However, Irigaray's recent work on multiculturalism does not sustain the necessary continuity between her core epistemological critique and her political claims. In particular, the continuity between her criticism of the West's sexual indifference and the cultural multiplicity of female identity becomes problematic in her recent work. The author finally contends that Irigaray's writings pose difficulties for a multicultural feminism, because they fail to specify the different forms of policy necessary to promote diverse women's equality in the postcolonial contexts on which she recently focuses. (shrink)

In a number of European countries there are fears that foreign, particularly Islamic, family law is becoming entrenched. All parties to this discussion see themselves as under threat. Migrant populations claim their right to cultural identity, while their host countries' domestic populations see a risk to social cohesion. Family law brings the underlying tensions into sharp focus. Cultural and religious identity and family law are interrelated in a number of ways and raise various complex issues. European legal systems have taken (...) various approaches to meeting these challenges, many of which have been apologetic, and few of which have been informed by theory. I propose to examine this complexity and indicate areas in which conflicts may arise by analysing a family-law case involving migrants living transnationally. I will include questions of international private law, comments on the various degrees of consideration accorded to cultural identity within substantive family law, and remarks on models of legal pluralism and the dangers that go along with them. I will conclude with an evaluation of approaches which are process-based rather than institution-based. (shrink)

Richard Sennett can be interpreted as one of the more robust representatives of a current critique with regard to ethnic communities in urban areas, namely, that such ethnic enclaves are a proof of urban disintegration and failing citizenship. Firstly, I take issue with Sennett’s assumption that there is an inherent tension between in-group solidarity and the ability to deal with members of perceived out-groups. Secondly, instead of simply cutting citizens off from the wider public sphere and leaving them politically ineffective, (...) as Sennett argues, urban communities can be instrumental in a struggle for emancipation and equal rights. Thirdly, a sense of belonging is a basic aspect of human well-being. Urban villages or ethnic clusters are able to provide this. Therefore, as long as a local identity is not exclusive or the effect of involuntary segregation, ethno-cultural concentrations in the city are acceptable from the moral-political point of view. (shrink)

The right to health implies, among other things, that individuals and communities must be allowed to have a voice in decisions concerning the definition of their well-being. The article argues for a more active participation of ethnocultural minorities in healthcare decisions and highlights the relevance of strategies aimed at creating a bottom-up engagement of people and groups, as well as of measures aimed at a broader organizational flexibility, in order to meet migrants’ and minorities’ needs. Finally, the article clarifies that (...) these strategies are not simply the outcome of a welcoming attitude of the Western healthcare system but may be interpreted as a specific duty resulting from the notion of “particularly vulnerable groups,” as formulated by the ECtHR in its case law: when vulnerable groups are at stake, every decision about state actions and rules regarding healthcare should start from an a consideration of the specific conditions and needs of people belonging to vulnerable minority groups. (shrink)

Axel Honneth draws a distinction between three types of recognition: (1) love, (2) respect and (3) social esteem. In his The Struggle for Recognition, the recognition of cultural particularity is situated in the third sphere. It will here be argued that the logic of recognition of cultural identity also demands a non-evaluative recognition, namely a respect for difference. Difference-respect is formal because it is a recognition of the value of a particular culture not "for society" or "as such", but for (...) the social group involved. Yet, although it is formal, difference-respect cannot be reduced to respect for personal autonomy and its preconditions, as Honneth wrongly suggests in Redistribution or Recognition? It is argued here that difference-respect is oriented towards another dimension of the person, namely social attachments. This kind of respect entails a separate register of formal recognition with a corresponding concept of personal identity and a parallel category of social disrespect. What morally justifies difference-respect from a recognition-theoretic approach is the practical relation-to-self that thus becomes possible, namely self-respect as a sense of belonging. The formal conception of the good life that Honneth articulates should include the insight that this sense of belonging is as much a necessary condition for the good life as is personal autonomy. (shrink)

Political theorists, increasingly, are realizing the virtues of contextuality to conceptual analysis. Just as theory may provide useful standards for the assessment of political practices, so may application of theoretical constructs within particular contexts provide a critical corrective to theory. This essay relates work undertaken within sociolegal studies applying a constitutive methodology to such efforts to contextualize political theorizing. The essay describes how the emphasis placed by constitutive theory on locality and meaning entails a contextual analysis. The essay then demonstrates (...) how a constitutive and contextual approach can enhance our understanding of the moral issues surrounding differentiated citizenship policy. While the most obvious cost associated with differentiated citizenship policy is a loss in formal equality, a contextual assessment demonstrates the prospect of an even deeper, though ultimately contingent, moral loss in self-invention. (shrink)

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

The paper reconstructs Luhmann’s conception of legal argumentation and justice especially focussing on the aspects of contingency and self-referring operative closure. The aim of his conception is to describe/explain in a disenchanted way—from an external, of “second order” point of view—the work on adjudication, which, rather idealistically, lawyers and judges present as being a matter of reason. As a consequence of some surface similarities with Derrida’s deconstructive philosophy of justice, Teubner proposes integrating the supposed reductive image of formal justice described (...) by Luhmann with the ideal conception of justice presented by Derrida. Here this kind of attempt is rejected as epistemologically wrong. In addition, Luhmann’s theory is argued to have other shortcomings, namely: the failure to understand the pragmatic function of principles, and the incapacity to describe the current legal questions linked with cultures and legal pluralism, which characterise our society. (shrink)

This paper considers whether the positivist account of law is useful in guiding states in how they should deal with religious or customary legal orders followed by minority groups within their jurisdiction. It argues, first, that such orders can be said to exist despite the prevalence of disagreement about the grounds of law. It then argues, contrary to views advanced by Scott Shapiro and Joseph Raz, that there are good reasons for perceiving that the resolution of legal disputes by reference (...) to moral principle involves the application of pre‐existing law. However, the paper concludes by arguing that the Social Thesis has an important role in supplying the basis upon which the application of law can be deemed to be legitimate, and that this has relevance to the way states might respond to minority legal orders. (shrink)

This response discusses Mookherjee’s views on plural autonomy and autonomy-promoting education, and her recognition that different cultural value systems can lead to varied responses and strategies across cultures. It considers mechanisms to counter forced marriage and argues from the standpoint of grassroots work within the Muslim community for the importance of the distinction between traditional culture and religion. It raises the issues of racism, islamophobia, and stereotyping in silencing Muslim women’s voices and reducing the space for them to argue for (...) change within communities. (shrink)

In our era of globalization, migration increasingly enforces cultural heterogeneity at the level of single societies and countries mirroring the cultural heterogeneity at the macroscopic level, i.e. the planet. Thus, the question of intercultural understanding and coexistence not only is crucial when it comes to states, but is increasingly gaining in importance in terms of identifying preconditions that enable individuals from various cultural backgrounds to share one commonwealth. At present, a growing number of people are convinced that this challenge is (...) not easily met due to what are believed to be fundamental moral disagreements between ‘western’ and ‘non-western’ (in particular, Islamic) culture(s). Against this background, different proposals have been provided to rise to the above-mentioned challenge. One of them is to allow for ‘cultural’ justifications in matters of criminal law. In this article I try to outline the state of discussion on claims for a ‘cultural defense’ by identifying and analysing three distinct rationales: the argument from pluralism; the argument from fairness; and the argument from necessity. Finally, I critically reflect on them from a human rights perspective. (shrink)

This article brings into conversation two important literatures in contemporary political theory that have, for the most part, failed to engage one another: work spanning more than two decades on multiculturalism and identity politics, and neo-republican work on nondomination. The authors take as their starting-point two widely endorsed claims: that identities are constructs and that state actors play a crucial role in their construction. Their question is how democratic states should shape identity, and their central claim is that states should (...) do so in ways that promote what they call democratic nondomination. This ideal, they stress, is multifaceted. It has both an action-level and a system-level component. In addition, it has both an inter-agentive and an impersonal dimension. Attending to democratic nondomination in its complexity is crucial to the project of evaluating alternative possible forms of state identity construction. (shrink)

This article addresses the question of women's agency in traditionalist religion, through a study of self-narratives by women in the Orthodox Jewish community of Antwerp, Belgium. Women who study or work outside the boundaries of their community were interviewed about their experiences in negotiating gender ideologies by moving in and between the `secular' and `religious' spaces of higher education, work and home. Various subject positions emerged in terms of either rejecting, separating or reconciling dominant community norms regarding women's proper role (...) with personal trajectories of self-realization and individual autonomy. On the one hand, the results confirm the possibility of women's agency within religious-traditionalist settings and in that sense subscribe to some recent feminist theoretical challenges to secularism. However, it is argued that the younger generation faces more restrictions in negotiating religious and secular gender-role expectations in the Antwerp context. Their prospects depend on the dynamic between global fundamentalist tendencies and local liberal state policies of multicultural accommodation. (shrink)

If we want to take firm the importance of universal principles in Bioethics, but at the same time we want to take seriously the importance of cultural diversity and pluralism, it is necessary to adopt a multifaceted approach. In the article I argue that a possible way out is a sort of hermeneutic approach, in order to reduce the ambivalence that stems from the dual recognition of cultural diversity and universal value of human rights. Through this approach conflicting principles and (...) traditions can be harmonized within a common framework, at least to some extent. Such an approach, in my perspective, can be implemented as a strategy of interpretation, which can hold together different conceptions and common principles. (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)

This paper introduces a novel account of freedom of dissociation, construed as the “right to a fair exit.” It defines freedom of dissociation as the right to end an association without excessive and undue costs. This novel account contrasts with the classic right of exit that some liberal philosophers have theorized as the bedrock of associational freedom. The original right of exit is first and foremost concerned with the protection against excessive exit costs, while the right to a fair exit (...) broadens its scope to include undue costs as well. State policy should aim at monitoring and resourcing exit not only to ensure that leavers have adequate exit options, but also that the costs of exit are fairly divided between parties. This account illuminates a range of cases, such as divorce, dissolution of employment contracts, and contested exits from religious associations. (shrink)

Many political theorists are multiculturalists. They believe that states ought to support and accommodate minority cultures, even if they disagree about when such support and accommodations are due and what forms they should take. In this contribution, I argue that multiculturalists have failed to notice an important objection against a wide range of multiculturalism policies. This objection is predicated on the notion that when states support and accommodate minority cultures, they should support and accommodate many subcultures and individualistic conceptions of (...) the good as well. However, since a significant proportion of multiculturalism policies imposes financial costs on society, it will often be prohibitively expensive for states to support and accommodate citizens’ subcultures and individualistic conceptions of the good on an equal basis. The result is that implementing such policies is likely to end up discriminating against certain groups, which might include e.g. fervent football fans, globe-trotters, mountain climbers, motor bikers, Hippies, and artists. I conclude by considering six reasons for giving preferential treatment to minority cultures that would allow multiculturalists to avoid this implication, which invoke, inter alia, the depth, duration, and involuntariness of cultural commitments; the role of culture in allowing people to live autonomously; and cultural rights to political self-determination. None are found to be convincing. (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)

Does multiculturalism imply that certain cultural minorities – nomos groups, whose cultural conceptions extend in important ways into views about the law – should have forms of legal autonomy that go beyond normal multicultural accommodations such as exemptions and special protection? In other words: should we allow «minority jurisdictions» for multicultural reasons and give certain minorities powers of legislation and adjudication on certain issues? The paper sketches how one might arrive at such a conclusion given some standard multicultural reasoning, and (...) then proceeds by examining eight key rejoinders to such a proposal. None of these rejoinders provide by themselves knockdown arguments against extending multicultural rights to forms of legal autonomy, but together they do provide a basis for some skepticism about the cogency and desirability of at least more ambitious forms of legal autonomy for cultural minorities within a liberal framework. (shrink)

This essay addresses the relationships between prescription and description in legal rules. The analysis will focus on the culture-laden connotations of factual categories implied in all legal sentences and/or provisions. This investigation is spurred by the need to assess the impact of cultural difference in people’s understanding of legal imperatives and, symmetrically, how that impact is to be considered in the application of law. Differences in ways of categorizing the world could position the cultural pre-understanding required by law, and the (...) pluralism recognized and protected by constitutional principles and human/fundamental rights discourse, at a crossroads. Hence, even when we find an illegitimacy or an ignorance about what legal rules do not explicitly state but instead implicitly presuppose, this does not exclude that behind that ignorance there may be something worthy of legal protection. A question emerges: is it legitimate and reasonable to consider the ignorantia facti resulting from differing ways of categorizing the factual world as automatically and uncritically subject to the principle ignoratia legis non excusat? The essay continues with an assessment of the possible consequences of ignorantia facti in the administration of justice in multicultural societies and migration contexts. For this purpose, the opportunity for an intercultural use of law—including within national law—will be considered as a means of avoiding the discriminatory application of ignorantia facti. This topic will be addressed by leveraging both semiotic and cultural-anthropological analytical tools, including the well-known greimasien “contrat de véridiction”. (shrink)

Over the last 30 years, the publicly visible “otherness” embodied by the Muslim population in the member states of the European Union has sparked movements of transnational public discussions mainly driven by the fear of the collapse of “national cohesion.” This paper engages theoretically with the idea that these debates have become an ordinary trap for European publics, France being the main illustration in the text. It is more specifically concerned with the discussions surrounding the recent ban on the wearing (...) of the full veil in French public space, asking: what does the omnipresence of public discussions about religious otherness reveal of the national culture of citizenship? What are the epistemological and political implications of the evaluation of daily individual experiences as criminal in secular contexts? The text develops some speculative readings of the public experience arising from the visibility of Islamic religious signs and the capital attached to their visibility. (shrink)

Several recent works in political theory argue that exit, rather than being a coward’s choice, is a potent mode of resistance that is particularly well suited to the current political era. These works reclaim exit, seeing it as a method of political opposition. While innovative and illuminating, these accounts are limited because they tend to treat all exits as resistance, regardless of context or content, and they are inclined to over-saturate exit with oppositional political meaning. I argue that resistant exit (...) should be more narrowly defined. By examining a range of empirical cases, I identify and explore three distinctive characteristics of this particular type of opposition. In addition to clarifying a recently developed idea in current scholarship, this article provides a systematic way for scholars to understand and interpret the intersection between resistance and exit. (shrink)

In recent decades, group autonomy approaches to have gained kgitimacy within both academic and policy circles. This article examines the centrality of group autonomy in the multiculturalism debate, particuhrly in the highly influential approach of Will Kymlicka. I argue that his response to the dilemmas of liberd-democratic multiculturalism relies on an underdeveloped conceptualization of group autonomy. Despite presumably good intentions, his narrow notion of cultural group autonomy obscures the requirements of minority group members' democratic capabilities and thereby works against the (...) kind of transformative change that "accommodated" groups are seeking from the state. Although some critics (Young 1990; Benhabh 2002) have gone so far as to reject autonomy-based approaches to accommodation altogether (Young 1990,251) I suggest that this position goes too far. In response, I offer an intermediary position between those that defend and those that reject an autonomy-based approach. Instead of fully rejecting autonomy as a guiàng principle for multiculturalism, I devebp an ethics of care approach to group autonomy based on relationality, which addresses the inadequacies of the dominant approach to multiculturalism. Such an account of group autonomy is a vital step toward recondling multiculturalism with the necessary components of Uberd-democratic citizenship. (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)