Ethnic Rights

Natural kinds is a widely used and pivotal concept in philosophy – the idea being that the classifications and taxonomies employed by science correspond to the real kinds in nature. Natural kinds are often opposed to the idea of kinds in the human and social sciences, which are typically seen as social constructions, characterised by changing norms and resisting scientific reduction. Yet human beings are also a subject of scientific study.Does this mean humans fall into corresponding kinds of their own? (...) In The Epistemology and Morality of Human Kinds Marion Godman defends the idea of human kinds. She first examines the scientific use and nature of human kinds, considering the arguments of key philosophers whose work bears upon human kinds, such as Ian Hacking, John Searle, Richard Boyd and Ruth Millikan. Using the examples of gender, ethnic minorities and Buddhism she then argues that human kinds are a result of ongoing historical reproduction, chiefly due to pre-existing cultural models and social learning. Her novel argument shifts the focus away from the reductionism characteristic of research about human kinds. Instead, she argues that they are “multiply projectable” and deserving of scientific study not in spite of, but because of their role in explaining our identity, injustice and the emergence of group rights. (shrink)

This essay reads Hannah Arendt’s Rahel Varnhagen alongside Sigmund Freud’s case history of paranoia, The Schreber Case, two texts about 18th- and 19th-century personalities caught up in the gender and ethnic politics of their times. Noting affinities between the fantasies documented in Varnhagen’s and Schreber’s memoirs, I compare Seyla Benhabib’s and Eric Santner’s readings of these two texts as political, not psychological, documents. I propose a reading of paranoia positioned between Benhabib’s too optimistic dismissal of paranoia and Santner’s too tragic (...) approach. The result is a new reading of Varnhagen’s story and an approach to paranoia as a potentially promising political affect. Might paranoia stand not just for world-withdrawal but also for world-building? If so, this would be in keeping with Arendt’s own treatment of her subject’s persecution fantasies not only as a “verdict against the world” but also as a desire for a world. (shrink)

Monografia ta traktuje o ograniczaniu konfliktów w relacjach między segmentami społecznymi (takimi jak grupy etniczne, wspólnoty religijne), w których członkostwo opiera się na podstawach askryptywnych i kulturowych, a także między nimi a władzą centralną w Nigerii i Indonezji. Państwa te mają burzliwą historię niepodległego bytu, ogromne wieloetniczne i wieloreligijne populacje, duże gospodarki oraz zasoby surowców energetycznych. Jak wskazują liczne raporty, będą wkrótce należeć do najważniejszych w świecie. W Nigerii i Indonezji funkcjonują systemy polityczne oparte na tzw. power-sharing (współrządzeniu), tj. takie, (...) które za pomocą specyficznych formalnych i nieformalnych instytucji (rozumianych jako zespoły reguł) dopuszczają do udziału we władzy elity polityczne wywodzące się z różnych segmentów etnicznych i religijnych. Celem instytucji power-sharing jest budowanie pokoju i stabilności politycznej. Autor badań, których owocem jest ta praca, dokonał identyfikacji, wyjaśnienia i analizy roli oraz genezy najistotniejszych z nich, dowodząc zarazem, że w Nigerii i Indonezji współistnieją instytucje dwóch głównych modeli power-sharing, tj. konsocjonalizmu i centrypetalizmu. W konsekwencji wykazał, że międzysegmentowe współrządzenie w obu państwach ma charakter hybrydowy. Jest to poszerzenie empirycznej teorii power-sharing. Jej klasycy, Arend Lijphart (konsocjonalista) i Donald L. Horowitz (centrypetalista), nie przywiązywali większej wagi do możliwości implementacji instytucji dwóch modeli w ramach tego samego systemu politycznego. Tymczasem w Nigerii i Indonezji łączenie instytucji centrypetalnych i konsocjonalnych przyczyniło się do ograniczenia konfliktów. (shrink)

There are various ways of reducing conflicts and of stabilizing the political situation in states where society is made up of many different ethnic groups and religious communities, and where relations between these segments – or between them and the central government – are tense. A particularly important way is the establishment in those states of a political system based on power-sharing (PS), which allows members of various ethnic and religious segments to take part in the exercise of power. The (...) literature on the subject usually discusses two models of PS: consociationalism and centripetalism. A third model is encountered in practice, however, that of hybrid power-sharing (HPS), which combines the institutions of the first two. The main objective of this article is to explain the nature and origins of HPS. (shrink)

In this article, the author analyzes the term "power-sharing" in the context of power exercised within a state. He first examines the term in the very general sense, in which it can be applied to all types and dimensions of sharing of power between various groups and institutional entities. Second, the author examines the meaning of the term in the narrow sense, that is, the phenomenon of systemic sharing of power by groups (segments) whose membership is based on ascribed criteria (...) such as common ancestors, relatives, or racial background, and/or cultural ones such as a common language, religion, or celebrations. The basic segmental units in this sense are nations (understood in the sociological sense), ethnic groups, or religious and denominational communities that form part of divided societies. Third, the article shows the differences between the principal models (types) of power-sharing in the narrow sense: consociationalism, centripetalism, and hybrid power-sharing. (shrink)

Artykuł traktuje w zarysie o istocie i głównych modelach power-sharing. Choć powersharing może być pojmowane w sposób bardzo szeroki, tematyka tego artykułu dotyczy jego wąskiego rozumienia. Odnosi się ono do fenomenu dzielenia się władzą państwową przez różne segmenty (np. grupy etniczne lub wspólnoty religijne) społeczeństw pluralnych (podzielonych, sfragmentaryzowanych), w tym zwłaszcza wieloetnicznych i/lub wieloreligijnych. Głównym celem artykułu jest wyjaśnienie treści power-sharing we wskazanym wąskim rozumieniu i wytłumaczenie w zarysie jego głównych modeli (konfesjonalizm, model Lewisa, konsocjonalizm, centrypetalizm).

Based on evidence collected and analyzed about repetitive armed conflicts in the eastern Democratic Republic of the Congo in Africa, Dr. Kibiswa establishes in this book that Bany2 armed group leaders, involved in insurgencies, fit into the two Van Evera’s criteria of ethnonationalist groups. Indeed, they display more loyalty to their ethnic group than to the DRC nation and are moved by their desire to achieve statehood. As such, this underlying motivation of their never-ending fights is hard for the DRC (...) nation to accommodate, while their geographic proximity to their fatherland as well as the availability of natural resources provide them with favorable conditions and easy means to believe in the success of their secessionist project. So, they keep trying and wagging war repeatedly. (shrink)

Under the UNHCR definition of a refugee, set out in the 1967 Protocol Relating to the Status of Refugees, people fleeing their homes because of natural disasters or other environmental problems do not qualify for refugee status and the protection that come from such status. In a recent paper, "Who Are Refugees?", I defended the essentials of the UNHCR definition on the grounds that refugee status and protection is best reserved for people who can only be helped by granting them (...) refuge in a safe state for an indefinite period of time, and argued that this does not include most people fleeing from natural disasters. This claim is most strongly challenged by possibility of displacement from climate change. In this paper I will explore to what degree the logic of the refugee convention, as set out in my earlier paper, can and should be extended to those fleeing the results of climate change, and will argue that the logic of the refugee convention tells in favor of extending refugee protection to a portion of those who must flee their homes because of climate-change related environmental problems. (shrink)

Krzysztof Trzciński, ‘The Concept of an Ethnic Upper Chamber in a Bicameral Parliament in an African State (Part 2).’ The article has been published in “Afryka” 35, 2011, pp. 11-26 and is a continuation of the previous paper published under the same title in “Afryka” 34. Part 2 explains a couple of cases (of the Senate of Lesotho, and two Houses of Chiefs, in Botswana and Zambia) that seem useful in the analysis of the Nigerian political thinker Claude Ake’s concept (...) of the ‘chamber of nationalities.’ According to the concept, in a multiethnic African state, a bicameral parliament should be constituted, of which the upper house should be created based on the existing ethnic divisions, allowing all ethnic groups to be represented in a balanced way and thus empowering the smaller of them. Implementation of this concept might contribute to the building of more peaceful and politically stable states in Africa. In the latter part of this article, a study of the political system of Bosnia and Herzegovina is discussed in short, with a particular focus on the case of the House of Peoples of Bosnia and Herzegovina that resembles Ake’s concept very closely. In the final part of the article, some drawbacks of Ake’s concept are brought up and discussed critically. (shrink)

This article argues against the view that affirmative action is wrong because it involves assigning group rights. First, affirmative action does not have to proceed by assigning rights at all. Second, there are, in fact, legitimate “group rights” both legal and moral; there are collective rights—which are exercised by groups—and membership rights—which are rights people have in virtue of group membership. Third, there are continuing harms that people suffer as blacks and claims to remediation for these harms can fairly treat (...) the (social) property of being black as tracking the victims of those harms. Affirmative action motivated in this way aims to respond to individual wrongs; wrongs that individuals suffer, as it happens, in virtue of their membership in groups. Finally, the main right we have when we are being considered for jobs and places at colleges is that we be treated according to procedures that are morally defensible. Morally acceptable procedures sometimes take account of the fact that a person is a member of a certain social group. (shrink)

Krzysztof Trzciński, ‘The Concept of an Ethnic Upper Chamber in a Bicameral Parliament in an African State (Part 1).’ The article has been published in “Afryka” 34, 2011, pp. 30-42. It consists of two parts. Part 1 explains Nigerian political thinker Claude Ake’s concept of the ‘chamber of nationalities,’ in the context of the idea of recognizing and strengthening the ethnic groups’ rights in a multiethnic African state. According to the concept, in an African state, a bicameral parliament should be (...) constituted. Its upper house should be created based on the existing ethnic divisions, allowing all ethnic groups to be represented in a balanced way and thus empowering the smaller of them. Implementation of this concept may contribute to the building of more peaceful and politically stable states in Africa. Ake’s opinions are enriched with the views of a Sierra Leonian philosopher George M. Carew that seem useful in the analysis of the whole concept. Next, a case study of the Ethiopian parliament’s upper chamber, House of Federation, is discussed. That chamber is a product and an essential part of the ethnic federalism system currently existing in Ethiopia. This case resembles Ake’s concept in many ways. Then, the Nigerian philosopher Ifeanyi A. Menkiti’s ideas, having some common points with the Ethiopian territorial structure and political system as a whole, are explained. Menkiti’s views teach what may be the realities of an ethnic federalism system, especially in an undemocratic environment. His opinions also seem complementary with some of Ake’s ideas concerning the ‘chamber of nationalities’ concept. (shrink)

In this article, I present and critically analyze the main ideas of the Nigerian thinker, Ifeanyi A. Menkiti, on the future of the multi-ethnic state in Africa. Menkiti appears to consider that the basic condition for the successful coexistence of the various groups occupying the states of Africa is for relations between them to rest on just principles. Justice should involve the fair and equitable division amongst peoples of the burdens and benefits of living in a common state. To realize (...) this ideal, he proposes the creation in Africa of morally neutral, managerial states. He bases his plan in part on the ideas of John Rawls. Close analysis of Menkiti’s views shows that his vision of the minimalist state is only a temporary solution, which is to lead to the peaceful dismemberment of the current post-colonial model of multi-ethnic states functioning within the old colonial borders. The basic value of Menkiti’s thought rests in his reversal of the usual perspective on African states, as he considers that maintaining territorial integrity or achieving unity should no longer be considered a paramount necessity. Published in "Hemispheres", 2010, No. 25. (shrink)

Krzysztof Trzciński, ‘Some Remarks on the Idea of Rotational Presidency in an African State.’ The article has been published in “Afryka” 31-32, 2010, pp. 29-44. The main aim of this article is to explain and analyze in a critical way the concept of the rotational presidency, proposed for a multiethnic African state by a Ghanaian philosopher Kwame Gyekye. In his opinion, the presidency in an African state should be rotated between all ethnic groups. According to Gyekye, this system would allow (...) the sharing of power between ethnic groups, create trust in their relations and, as a consequence, improve the coherence of a multiethnic state. However, Gyekye’s concept lacks some essential details and seems very difficult to be implemented. Wielu afrykańskich badaczy polityki i innych intelektualistów niezadowolonych z realiów sprawowania, czy wręcz zawłaszczania władzy przez rządzących we współczesnym afrykańskim państwie, szuka rozwiązań ustrojowych alternatywnych wobec obecnie istniejących. Pragną oni ustanowienia w afrykańskim państwie porządku demokratycznego, ale skrojonego na potrzeby jego wieloetnicznej specyfiki. Jedną z wysuwanych propozycji jest osłabienie pozycji prezydenta, który w Afryce zwykle wywodzi się z najliczniejszej lub najsilniejszej grupy etnicznej i posiada bardzo ważne oraz rozbudowane prerogatywy. Sposobem umniejszenia roli urzędu prezydenckiego może być rotacja przywództwa, która stosowana jest w niektórych porządkach ustrojowych (zwłaszcza w Szwajcarii, Bośni i Hercegowinie, na Komorach), a jej współczesnych korzeni należy szukać w ustroju dyrektoriatu z czasów Rewolucji Francuskiej. (shrink)

In recent years, a number of important challenges have been raised about whether arguments for granting group rights in virtue of ethnicity can really stand up to scrutiny. Two of the most pressing issues involve whether granting rights to groups in virtue of ethnicity involves a certain unfairness to non-members and whether granting such rights licenses unfairness to members . If arguments for indigenous rights are to succeed, they must address these challenges and show how there is no important unfairness (...) to non-members or members.Several arguments for indigenous rights are discussed, to show how they fall prey to one or both of the unfairness objections. The article goes on to offer an argument as to how proponents of indigenous rights might respond to claims that such rights discriminate obnoxiously between groups. This approach can accommodate the force of indigenous peoples’ claims and so grant certain kinds of groups rights, without at the same time licensing the group's oppression of its more vulnerable members. Moreover, since the argument appeals to considerations typically thought persuasive in liberal theory, it should be attractive to liberals. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.2 (2000) 241-261 [Access article in PDF] Should We All Be More English? Liang Qichao, Rudolf von Jhering, and Rights Stephen C. Angle [T]he Celestial Empire, with its bamboo, the rod for its adult children, and its hundreds of millions of inhabitants, will never attain, in the eyes of foreign nations, the respected position of little Switzerland. The natural disposition of the Swiss (...) in the matter of art and poetry is anything but ideal. It is sober and practical, like that of the Romans. But, in the sense in which I have thus far used the expression "ideal," in its relation to rights, it is just as applicable to the Swiss as to the Englishman. 1Rudolf von Jhering (1818-92) published Der Kampf ums Recht (The Struggle for Law) in 1872. He was already regarded as one of Germany's most important legal philosophers, and Der Kampf helped to ensure a world-wide reputation. His argument that people should be less like the "adult children" of China and more like the English found audiences everywhere, including China, where Der Kampf was translated between 1900 and 1901. Jhering's doctrines stimulated Liang Qichao (1873-1929), one of China's leading thinkers, to publish "Lun Quanli Sixiang (On Rights Consciousness)," in 1902 as part of his manifesto On the New People. Liang tells us that the "essential points" of his essay, which is among the earliest and most sustained treatments of the concept of rights to appear in Chinese, are mostly taken from Der Kampf. 2 We will see that there are indeed certain similarities that make Liang's "quanli" 3 (the standard Chinese translation of "rights") resonate with Jhering's notion of "Recht," and these similarities--chief among which is a kind of individual assertiveness--help to explain [End Page 241] Liang's interest in Jhering. My discussion of the two thinkers will offer at least the beginnings of an explanation of why German conceptions of law and rights were so attractive to Chinese intellectuals.As is often the case with cross-cultural comparisons, we will also see that these similarities mask some less obvious but deeply important differences. For Jhering the relation between following the procedures of the law and exercising one's Recht is crucial; for Liang, in contrast, quanli are deeply related to ethical concerns. This difference in turn colors their respective notions of assertiveness, which thus turn out not to resemble one another as closely as first appeared. When we see Recht and quanli as separate concepts emerging from separate discourse contexts, these differences will make sense.In "On Quanli Consciousness" Liang regularly quotes Jhering, often at some length. One important passage reads as follows: In ancient times, Lin Xiangru scolded the King of Qin saying: "Smash both my head and the jade disk!" 4 Now given the size of the state of Zhao, how could such love be expressed for a tiny thing like a jade disk? He was saying that Qin could smash the disk, kill him, invade his territory, endanger his state, and still he would not surrender. Ah! This was nothing other than "quanli"! Jhering has also said: "If an Englishman traveling to the European continent is one day asked to pay an irrational charge by the hotel's carriage driver, in every case he will resolutely scold [the driver]. If the driver won't heed his scolding, the Englishman will struggle for justice without tiring, always preferring to extend his stay; even if his traveling expenses were to increase as much as ten-fold, he would not cease. Unknowing people all laugh at this great fool, but none of them understand that this person's struggle over a few shillings is in fact a vital part of what allows the nation of England to stand tall by itself in the world. This abundance of quanli consciousness and sharpness of feelings of quanli are the great reasons behind the ability of the English to establish their state. Now let... (shrink)