The Rights of Others examines the boundaries of political community by focusing on political membership - the principles and practices for incorporating aliens and strangers, immigrants and newcomers, refugees and asylum seekers into existing polities. Boundaries define some as members, others as aliens. But when state sovereignty is becoming frayed, and national citizenship is unravelling, definitions of political membership become much less clear. Indeed few issues in world politics today are more important, or more troubling. In her Seeley Lectures, the (...) distinguished political theorist Seyla Benhabib makes a powerful plea, echoing Immanuel Kant, for moral universalism and cosmopolitan federalism. She advocates not open but porous boundaries, recognising both the admittance rights of refugees and asylum seekers, but also the regulatory rights of democracies. The Rights of Others is a major intervention in contemporary political theory, of interest to large numbers of students and specialists in politics, law, philosophy and international relations. (shrink)

What does the politics of the self mean for a politics of liberation? Morwenna Griffiths argues that mainstream philosophy, particularly the anglo-analytic tradition, needs to tackle the issues of the self, identity, autonomy and self creation. Although identity has been a central concern of feminist thought it has in the main been excluded from philosophical analysis. _Feminisms and the Self_ is both a critique and a construction of feminist philosophy. After the powerful challenges that postmodernism and poststructuralism posed to liberation (...) movements like feminism, Griffiths book is an original and timely contribution to current debate surrounding the notion of identity and subjectivity. (shrink)

What is morally permissible, and what is morally obligatory? These questions form the core of a vast amount of philosophical reasoning. In his Fundamental Principles of the Metaphysics of Morals, Immanuel Kant developed a basis for the answers. In this landmark work, the German philosopher asks what sort of maxim might function as a guide to appropriate action under a given set of circumstances. By universalizing such a maxim, would morally permissible behavior not become clear? Suppose that everyone were to (...) behave in accordance with this maxim. If everyone followed the maxim in the same way without harm to civilized culture, then the behavior would be morally permissible. But what if no one followed the maxim? Would civilization thereby be at risk? In such a case, the behavior would be morally obligatory. Kant's test, known as the Categorical Imperative, is a logical proof of the Golden Rule and the centerpiece of this work. It constitutes his best-known contribution to ethical discussion, and a familiarity with his reasoning in this book is essential to students of philosophy, religion, and history. (shrink)

In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice.

In March 2004 the French parliament controversially adopted legislation regulating the wearing of symbols indicating religious affiliation in public educational establishments. This note discusses several features of the new law indicating its origins, its rationale and its position within French constitutional discourse on religious freedom and secularity. It is based on a panel discussion held in April 2004 within the Gender Studies Programme at the Robert Schuman Centre for Advanced Studies, European University Institute, Florence. Placing the French legislative initiative in (...) the context of recent developments in national and European case law (suggesting clear limitations to freedom of religion), the note explores the complexity of issues of gender, identity and difference in the present debate, especially when considered in the light of reactions to the law in Islamic countries. (shrink)

"Toward a Feminist Theory of the State" presents Catharine MacKinnon's powerful analysis of politics, sexuality, and the law from the perspective of women.

This collection of original essays explores the social and relational dimensions of individual autonomy. Rejecting the feminist charge that autonomy is inherently masculinist, the contributors draw on feminist critiques of autonomy to challenge and enrich contemporary philosophical debates about agency, identity, and moral responsibility. The essays analyze the complex ways in which oppression can impair an agent's capacity for autonomy, and investigate connections, neglected by standard accounts, between autonomy and other aspects of the agent, including self-conception, self-worth, memory, and the (...) imagination. (shrink)

This brilliant study of the stages in the mind's necessary progress from immediate sense-consciousness to the position of a scientific philosophy includes an introductory essay and a paragraph-by-paragraph analysis of the text to help the reader understand this most difficult and most influential of Hegel's works.

For them, citizenship is by definition a matter of treating people as individuals with equal rights under the law. This is what distinguishes democratic citizenship from feudal and other pre-modern views that determined people's political status by ...

Polygamy, forced marriage, female genital mutilation, punishing women for being raped, differential access for men and women to health care and education, unequal rights of ownership, assembly, and political participation, unequal vulnerability to violence. These practices and conditions are standard in some parts of the world. Do demands for multiculturalism — and certain minority group rights in particular — make them more likely to continue and to spread to liberal democracies? Are there fundamental conflicts between our commitment to gender equity (...) and our increasing desire to respect the customs of minority cultures or religions? In this book, the eminent feminist Susan Moller Okin and fifteen of the world’s leading thinkers about feminism and multiculturalism explore these unsettling questions in a provocative, passionate, and illuminating debate. Okin opens by arguing that some group rights can, in fact, endanger women. She points, for example, to the French government’s giving thousands of male immigrants special permission to bring multiple wives into the country, despite French laws against polygamy and the wives’ own bitter opposition to the practice. Okin argues that if we agree that women should not be disadvantaged because of their sex, we should not accept group rights that permit oppressive practices on the grounds that they are fundamental to minority cultures whose existence may otherwise be threatened. In reply, some respondents reject Okin’s position outright, contending that her views are rooted in a moral universalism that is blind to cultural difference. Others quarrel with Okin’s focus on gender, or argue that we should be careful about which group rights we permit, but not reject the category of group rights altogether. Okin concludes with a rebuttal, clarifying, adjusting, and extending her original position. These incisive and accessible essays — expanded from their original publication in Boston Review and including four new contributions — are indispensable reading for anyone interested in one of the most contentious social and political issues today. The diverse contributors, in addition to Okin, are Azizah al-Hibri, Abdullahi An-Na’im, Homi Bhabha, Sander Gilman, Janet Halley, Bonnie Honig, Will Kymlicka, Martha Nussbaum, Bhikhu Parekh, Katha Pollitt, Robert Post, Joseph Raz, Saskia Sassen, Cass Sunstein, and Yael Tamir. (shrink)

Public opinion in recent years has soured on multiculturalism, due in large part to fears of radical Islam. In Multiculturalism without Culture, Anne Phillips contends that critics misrepresent culture as the explanation of everything individuals from minority and non-Western groups do. She puts forward a defense of multiculturalism that dispenses with notions of culture, instead placing individuals themselves at its core. Multiculturalism has been blamed for encouraging the oppression of women--forced marriages, female genital cutting, school girls wearing the hijab. Many (...) critics opportunistically deploy gender equality to justify the retreat from multiculturalism, hijacking the equality agenda to perpetuate cultural stereotypes. Phillips informs her argument with the feminist insistence on recognizing women as agents, and defends her position using an unusually broad range of literature, including political theory, philosophy, feminist theory, law, and anthropology. She argues that critics and proponents alike exaggerate the unity, distinctness, and intractability of cultures, thereby encouraging a perception of men and women as dupes constrained by cultural dictates. Opponents of multiculturalism may think the argument against accommodating cultural difference is over and won, but they are wrong. Phillips believes multiculturalism still has an important role to play in achieving greater social equality. In this book, she offers a new way of addressing dilemmas of justice and equality in multiethnic, multicultural societies, intervening at this critical moment when so many Western countries are poised to abandon multiculturalism. (shrink)

Democracy and democratization are now high on the political agenda, but there is growing indifference to the gap between rich and poor. Political equalities matter more than ever, while economic inequality is accepted almost as a fact of life. It is the separation between economic and political that lies at the heart of this book.

How can liberal democracy best be realized in a world fraught with conflicting new forms of identity politics and intensifying conflicts over culture? This book brings unparalleled clarity to the contemporary debate over this question. Maintaining that cultures are themselves torn by conflicts about their own boundaries, Seyla Benhabib challenges the assumption shared by many theorists and activists that cultures are clearly defined wholes. She argues that much debate--including that of "strong" multiculturalism, which sees cultures as distinct pieces of a (...) mosaic--is dominated by this faulty belief, one with grave consequences for how we think injustices among groups should be redressed and human diversity achieved. Benhabib masterfully presents an alternative approach, developing an understanding of cultures as continually creating, re-creating, and renegotiating the imagined boundaries between "us" and "them." Drawing on contemporary cultural politics from Western Europe, Canada, and the United States, Benhabib develops a double-track model of deliberative democracy that permits maximum cultural contestation within the official public sphere as well as in and through social movements and the institutions of civil society. Agreeing with political liberals that constitutional and legal universalism should be preserved at the level of polity, she nonetheless contends that such a model is necessary to resolve multicultural conflicts. Analyzing in detail the transformation of citizenship practices in European Union countries, Benhabib concludes that flexible citizenship, certain kinds of legal pluralism and models of institutional powersharing are quite compatible with deliberative democracy, as long as they are in accord with egalitarian reciprocity, voluntary self-ascription, and freedom of exit and association. The Claims of Culture offers invaluable insight to all those, whether students or scholars, lawyers or policymakers, who strive to bridge the gap between the theory and practice of cultural politics in the twenty-first century. (shrink)

In this article I argue that Part II of the Family LawAct 1996 gives expression to a new form ofresponsibility. I begin by suggesting thatresponsible behaviour has shifted from prohibiting orrequiring particular actions: we now exhibitresponsibility by our attitude towards our actions. I then examine where this new conception ofresponsibility has come from. Through an examinationof the work of post-liberal theorists, principallyMichael Sandel, I argue that a changing view ofpersonhood within post-liberal theory has led to aquestioning of the possibility of (...) choice, and that theabsence of choice necessitates a shift in thedefinition of responsible behaviour. If we are createdby our decisions then we cannot be held to account forour decisions, but only for the care we have takenover them. Responsibility is therefore measured notby our level of self-control but by our level ofself-awareness. Finally I examine the consequences ofthis shift in the meaning of responsibility. Withinthis framework autonomy is illusory thereforedecisions do not need to be respected. This explainswhy the implementation of Part II of the Family LawAct 1996 has been called into question. Within thisframework responsibility is relative therefore itextends indefinitely. This enables the Family Law Actto be uniquely intrusive and judgmental: everydivorcing couple, on being held up to scrutiny, isfound lacking. (shrink)

INTRODUCTION When Liberalism was first published in 1911 a critical reviewer in the London Spectator observed, "It would be impossible to have the essential ...

While some feminists seek to use ideas of the 'universal human subject' to include women, others argue that such ideas are intrinsically masculine and exclude the feminine. This book analyzes and critiques 'second wave' feminists who discuss how philosophers such as Plato and Aristotle, Descartes, Hobbes and Kant regard human beings and their capacities. The author suggests adopting an inclusive universal concept of the human being, drawn from ideas of positive liberty from the liberal tradition, Hegelian ideas of the formation (...) of the free human being in society, and care ethics. The book links this theoretical perspective to international human rights and humanitarian law, drawing together areas of theory usually presented separately. These include the liberal theory of the individual, globalization and global identity issues and the theory of human rights law, with the focus resting on human subjectivity and ethics. While the focus is on Anglo-American jurisprudence, this is combined with continental philosophy, international human rights issues and a Yugoslav war crimes case study. (shrink)

The book is a contribution to the study of values, as they affect both our personal and our public life. It defends the view that values are necessarily universal, on the ground that that is a condition of their intelligibility. It does, however, reject most common conceptions of universality, like those embodied in the writings on human rights. It aims to reconcile the universality of value with the social dependence of value and the centrality to our life of deep attachments (...) to people and countries alike. Building from there, the book explores personal love, the value of life, and the fundamental duty of respect for people. (shrink)

This book is a major contribution to the study of the philosophy of action, moral philosophy, and political philosophy. Its central idea is a radically unorthodox theory of rational action. Most contemporary Anglo-American philosophers believe that action is motivated by desire. Professor Benn rejects the doctrine and replaces it with a reformulation of Kant's ethical and political theory, in which rational action can be determined simply by principles, regardless of consequences. The book analyzes the way in which value conflicts can (...) be rationally resolved, the objectivity of value, the concept of moral personality, the principles of non-interference and respect of persons, the ideals of autonomy and community and various aspects of individual rights - focusing on the rights to freedom, welfare, and privacy. (shrink)

In this book, she offers a new way of addressing dilemmas of justice and equality in multiethnic, multicultural societies, intervening at this critical moment when so many Western countries are poised to abandon multiculturalism.

Democracy and democratization are now high on the political agenda, but there is growing indifference to the gap between rich and poor. Political equalities matter more than ever, while economic inequality is accepted almost as a fact of life. It is the separation between economic and political that lies at the heart of this book.

'A well argued and clearly written critique of liberal political theory, organized around its leading concepts -very accessible for student use.'.

Historically, as well as more recently, women's emancipation has been seen in two ways: sometimes as the `right to be equal' and sometimes as the `right to be different'. These views have often overlapped and interacted: in a variety of guises they have played an important role in both the development of ideas about women and feminism, and the works of political thinkers by no means primarily concerned with women's liberation. The chapters of this book deal primarily with the meaning (...) and use of these two concepts in the context of gender relations, but also draw attention to their place in the understanding and analysis of other human relationships. (shrink)

Feminisms and the Self is both a critique and a construction of feminist philosophy, bringing an original contribution to the current debate surrounding identity and subjectivity. This title available in eBook format. Click here for more information . Visit our eBookstore at: www.ebookstore.tandf.co.uk.

One of the main purposes of feminist jurisprudence is to create or find better ways of being and living for women through the analysis, critique, and use of law. Rich work has emerged, and continues to emerge, from feminist theorists exploring conceptions of the self, personhood, identity and subjectivity that could be used to form a basic unit in law and politics. In this article, it is argued that a strong sense of human subjectivity needs to be retained to enable (...) the human potentiality of women and men to flourish. This can be done in a way which is not essentialist, yet does not dissolve the subject out of existence, issues pertinent to feminist jurisprudence in recent years. (shrink)