abstract The most well‐known liberal‐egalitarian defence of cultural rights, provided by Will Kymlicka, presents culture as a primary good, and thus a resource that ought to be distributed according to some fair egalitarian criteria. Kymlicka relies on the intuition that inequalities between persons that are the result of brute luck rather than personal choice are unjust in making the case for various multicultural rights. This article makes two main claims. First, the standard luck egalitarian intuition on which Kymlicka's argument relies (...) cannot justify what he calls ‘polyethnic rights,’ in particular cultural and religious exemptions from generally applicable laws. Second, I argue that such exemptions are justifiable by appealing to the public value of fair equality of opportunity, properly construed. (shrink)

This paper reinvestigates the question of liberal neutrality. We contend that current liberal discussions have been dominated—if not hijacked—by one particular interpretation of what neutrality could imply: namely, exclusive neutrality, aiming to exclude religious and cultural expressions from the public sphere. We will argue that this is merely one among several relevant interpretations. To substantiate our claim, we will first elaborate upon inclusive neutrality by formulating two supplementary interpretations: proportional neutrality and compensatory neutrality. Second, we will argue that inclusive proportional (...) neutrality is the most appropriate interpretation in many contexts. Our discussion highlights the fact that some political disputes should not be seen in terms of the antithesis between liberal neutrality and illiberal alternatives but, instead, as a clash between various valid but incompatible interpretations of what liberal neutrality may imply. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

Should religion be singled out in the law? This Article evaluates two influential theories of freedom of religion in political theory, before introducing an alternative one. The first approach, the Substitution approach, argues that freedom of religion can be adequately expressed by a substitute category: typically, freedom of conscience. The second, the Proxy approach, argues that the notion of religion should be upheld in the law, albeit as a proxy for a range of different goods. After showing that neither approach (...) adequately meets crucial desiderata for an inclusive theory of religious freedom, the Article sets out the Disaggregation approach and defends against the alternatives. (shrink)

In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, peopleâes material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawlsâes theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state (...) but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawlsâes constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality. (shrink)

Will Kymlicka’s new book makes important conceptual, methodological, and substantive contributions to contemporary discussions of multiculturalism. Nevertheless, Kymlicka’s attempt to construct a defense of special rights for minority cultural groups on the basis of his conception of “societal culture” entails implications that are both too radical and too restrictive with regard to the kinds of minority claims they support. In particular, Kymlicka’s account undermines the claims of immigrant minorities to the sorts of special rights that Kymlicka thinks they are entitled (...) to demand. (shrink)

This paper examines the moral case for a right to religious accommodation, which requires that religious conduct be free of any serious burdens placed on it by the state. Two different types of normative argument for this right are outlined and rejected. The first appeals to religion as a ‘basic good’, and the second to religion as an ‘intense preference’. In place of these, I suggest that a third type of argument has greater prospects of success. Religious accommodation is justified (...) on the grounds that religious conduct is a ‘derivative good’— that is, it derives its value from its being necessary for something else, namely, the integrity of the religious person. (shrink)

The moral justification of Will Kymlicka's theory of minority rights is unconvincing. According to Kymlicka, cultural embeddedness is a necessary condition for personal autonomy (which is, in turn, the precondition for the good life) and for that reason liberals should be concerned about culture. I will criticize this instrumentalism of social attachments and the moral monism behind it. On the basis of a modification of Axel Honneth's theory of recognition, I will reject the false opposition between the instrumental value and (...) the intrinsic value of culture. Honneth makes a distinction between three types of recognition: (1) love; (2) respect; and (3) social esteem. Recognition of cultural difference is situated in the third sphere. But the logic of a recognition of cultural difference also demands a non-evaluative recognition, a respect for difference. Difference-respect cannot be reduced to the recognition of personal autonomy or to the recognition of a culture ‘as such’. Difference-respect is concerned with a formal recognition of difference, namely the recognition of a culture's intrinsic value for the other. By recognizing the moral importance both of personal autonomy and of social attachments, we do not have to surrender to the reductive bent in modern moral philosophy. 1 Key Words: Axel Honneth • identity • instrumentalism • intrinsic value of culture • moral justification • multiculturalism • recognition • value pluralism • Will Kymlicka. (shrink)