James Tully's account of a ?post?imperial constitutionalism?, in his book Strange Multiplicity, wrongly rejects the ideal of impartiality in modern political theory. Pace Tully, this paper argues for a conception of impartiality called ?justice as provisionality?. This is demonstrated by explaining the concept of a ?contrastive hard case?. These cases, exemplified both by indigenous peoples? struggles for recognition and ?traditional? justifications for violence against women, centrally involve conflicts over the cultural interpretation of value. The paper argues that the just adjudication (...) of these cases depends on understanding two different senses of the term ?provisionality?. These demonstrate that the post?imperial state can give impartial reasons for the rights of parties to ?contrastive? claims in a way that integrates the concerns of both feminists and cultural pluralists. The two senses of provisionality are: first, that consequent upon historical injustice, the post?imperial state should recognize the legitimacy of citizens? partial reasons for their actions and practices; and hence, should recognise that the domain of public, impartial reason is always provisional and incomplete. Second, our capacities for reason are dependent on public and nonpublic provision, protection and care. This is because diverse inequalities and injustices could prevent vulnerable people, in some cases women, from acting according to reasons at all. (shrink)

This paper is an introduction to a special issue on Nationalism, Multiculturalism and Liberal Democracy. It attempts to describe the state of the debate on issues of multiculturalism and nationalism within liberal-democratic theory. I suggest that there may be an emerging consensus on liberal culturalism – the view that certain group-specific rights or policies aimed at recognizing or accommodating ethnic and national groups are legitimate so long as they operate within certain constraints of liberal justice. I explore the possible reasons (...) for this emerging consensus (including the lack of clear alternatives), and conclude with some suggestions about the likely avenues for future research in this area. (shrink)

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.