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)

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 Ethics of Nationalism blends philosophical discussion of the ethical merits and limits of nationalism with a detailed understanding of nationalist aspirations and a variety of national conflict zones. The author discusses the controversial and contemporary issues of rights of secession, the policies of the state in privileging a particular national group, the kinds of accommodations of minority national, and multi cultural identity groups that are justifiable and appropriate.

Current discussion of the normative issues surrounding secession is both helped and hindered by the existence of but one philosophic treatment of these issues sufficiently systematic and comprehensive to qualify as a theory of secession - Allen Buchanan’s. He provides the unique focal point, and so simplifies the task of those who seek to begin from the present state of the art. But in providing the unique focal point, Buchanan complicates the task of those who view, or think they view, (...) secession rather differently than he does. He defends ’a moral right to secede’ but a very qualified right, focusing on state-perpetrated injustice, the preservation of group culture and, in extreme cases, the literal survival of group members. And Buchanan further insists that where preservation of group culture is at stake, ’Neither the state nor any third party has a valid claim to the seceding territory’ -or such a claim is waived so that ’secession in order to preserve a culture is permissible if both parties consent to it’- a condition that he thinks may come to apply to the situation of Quebec. (shrink)

This book discusses the justifications and limits of cultural nationalism from a liberal perspective. Chaim Gans presents a normative typology of nationalist ideologies, distinguishing between cultural liberal nationalism and statist liberal nationalism. Statist nationalisms argue that states have an interest in the cultural homogeneity of their citizenries. Cultural nationalisms argue that people have interests in adhering to their cultures and in sustaining these cultures for generations. Gans argues that freedom- and identity-based justifications for cultural nationalism common in literature can only (...) support the adherence thesis, while the historical thesis could only be justified by the interest people have in the long-term endurance of their personal and group endeavors. The Limits of Nationalism examines demands often made in the name of cultural nationalism, such as claims for national self-determination, historical rights claims to territories and demands entailed by cultural particularism as opposed to cultural cosmopolitanism. (shrink)

"This is a most timely, intelligent, well-written, and absorbing essay on a central and painful social and political problem of out time."--Sir Isaiah Berlin"The major achievement of this remarkable book is a critical theory of nationalism, worked through historical and contemporary examples, explaining the value of national commitments and defining their moral limits. Tamir explores a set of problems that philosophers have been notably reluctant to take on, and leaves us all in her debt."--Michael WalzerIn this provocative work, Yael Tamir (...) urges liberals not to surrender the concept of nationalism to conservative, chauvinist, or racist ideologies. In her view, liberalism, with its respect for personal autonomy, reflection, and choice, and nationalism, with its emphasis on belonging, loyalty, and solidarity are not irreconcilable. Here she offers a new theory, "liberal nationalism," which allows each set of values to accommodate the other. Tamir sees nationalism as an affirmation of communal and cultural memberships and as a quest for recognition and self-respect. Persuasively she argues that national groups can enjoy these benefits through political arrangements other than the nation-state. While acknowledging that nationalism places members of national minorities at a disadvantage, the author offers guidelines for alleviating the problems involved using examples from currents conflicts in the Middle East and in Eastern Europe.Liberal Nationalismis an impressive attempt to tie together a wide range of issues often kept apart: personal autonomy, cultural membership, political obligations, particularity versus impartiality in moral duties, and global justice. Drawing on material from disparate fields--including political philosophy, ethics, law, and sociology--Tamir brings out important and previously unnoticed interconnections between them, offering a new perspective on the influence of nationalism on modern political philosophy. (shrink)

Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss (...) some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality. (shrink)

This chapter argues that just‐cause theories of secession are superior to nationalist and choice rivals because only it represents a reasonable institutional response to secessionist politics. It also examines the possibilities for a secession clause within domestic constitutions.