Although a number of aspects of earlier experiences correlate with later civic engagement (Sherrod 2007), the role of different factors in driving the level of young people’s engagement is not clearly understood. This qualitative study set out to understand those factors in Turkey. Eight focus groups were conducted with 55 young Roma and Turkish people, with different groups being conducted according to participants’ ethnicity, gender and age (16–18 year olds vs. 20–26 year olds). Analysis revealed specific themes in terms of (...) the political and civic engagement of different sub-groups. However, almost all participants expressed that they did not have enough information about their rights and obligations as citizens. They also identified the different barriers which they perceived as impeding their political involvement and participation. (shrink)

Over the last 30 years, the self-determination efforts and objectives of Indigenous peoples in Canada have increasingly been cast in the language of 'recognition' — recognition of cultural distinctiveness, recognition of an inherent right to self-government, recognition of state treaty obligations, and so on. In addition, the last 15 years have witnessed a proliferation of theoretical work aimed at fleshing out the ethical, legal and political significance of these types of claims. Subsequently, 'recognition' has now come to occupy a central (...) place in our efforts to comprehend what is at stake in contestations over identity and difference in colonial contexts more generally. In this paper, I employ Frantz Fanon's critique of Hegel's master–slave dialectic to challenge the now hegemonic assumption that the structure of domination that frames Indigenous–state relations in Canada can be undermined via a liberal politics of recognition. Against this assumption, I argue that instead of ushering in an era of peaceful coexistence grounded on the Hegelian ideal of reciprocity, the contemporary politics of recognition promises to reproduce the very configurations of colonial power that Indigenous demands for recognition have historically sought to transcend. (shrink)

Extending recent appropriations of Charles S. Peirce's work in political theory, we argue that the same epistemic norms that justify democracy offer a plausible basis for justifying multiculturalist policies aimed at protecting at-risk cultural groups. Because this epistemic argument is compatible with a full range of reasonable comprehensive doctrines, it fully accommodates the fact of reasonable pluralism, thereby skirting the Rawlsian objection to which the multiculturalisms of Charles Taylor and Will Kymlicka fall prey.

Schumpeter took a dim view of the deliberative capacities of the average voter who, he believed, could not be relied upon to make responsible judgements about distant and rather abstract matters of...

The paper develops an account of the value of tradition that completes that of Samuel Scheffler and employs it to discuss whaling and bullfighting. The discussion, however, is applicable to many other practices the paper describes, and its relevance extends also beyond animal ethics. Some of the arguments discussed here for maintaining these traditions appeal to their positive aspects, such as their contribution to social or environmental harmony; other arguments focus on the impermissibility of one group criticizing another group’s practices (...) when its own are vulnerable to comparable criticism. Reflecting on the first kind of argument, the paper responds, building on the work of G. A. Cohen and T. M. Scanlon, that the value of tradition, if any, must be conditional. Reflecting on the second, however, the paper disagrees with Cohen and Scanlon on the impermissibility of casting the first stone. (shrink)

In Why Tolerate Religion?, Brian Leiter argues against the special legal status of religion, claiming that religion should not be the only ground for exemptions to the law and that this form of protection should be, in principle, available for the claims of secular conscience as well. However, in the last chapter of his book, he objects to a universal regime of exemptions for both religious and secular claims of conscience, highlighting the practical and moral flaws associated with it. We (...) believe that Leiter identifies a genuine and important contemporary legal and philosophical problem. We find much to admire in his reasoning. However, we raise questions about two claims that are crucial for his argument. The first claim is that it is not religion as such, but conscience that deserves toleration and respect. The second claim is that respect for religion and conscience demands ‘principled toleration’ but does not entail stronger policies of legal exemptions. Against the first claim, we argue that Leiter does not successfully distinguish religious belief from secular conscience and morality; and he does not explain why secular conscience deserves respect. Against the second claim, we argue that the most promising theories of legal exemptions are not classical theories of liberal toleration. (shrink)

In Why Tolerate Religion?, Brian Leiter argues against the special legal status of religion, claiming that religion should not be the only ground for exemptions to the law and that this form of protection should be, in principle, available for the claims of secular conscience as well. However, in the last chapter of his book, he objects to a universal regime of exemptions for both religious and secular claims of conscience, highlighting the practical and moral flaws associated with it. We (...) believe that Leiter identifies a genuine and important contemporary legal and philosophical problem. We find much to admire in his reasoning. However, we raise questions about two claims that are crucial for his argument. The first claim is that it is not religion as such, but conscience that deserves toleration and respect. The second claim is that respect for religion and conscience demands ‘principled toleration’ but does not entail stronger policies of legal exemptions. Against the first claim, we argue that Leiter does not successfully distinguish religious belief from secular conscience and morality; and he does not explain why secular conscience deserves respect. Against the second claim, we argue that the most promising theories of legal exemptions are not classical theories of liberal toleration. (shrink)

Many liberals and secularists believe that religious schooling should not be publicly funded or that it should simply be banned. Challenging those views, I claim that although liberal states may refuse to fund and may even ban certain illiberal separate religious schools, it is impermissible, for distinctively liberal reasons, to completely ban publicly funded religious schooling. I will however argue that providing religious instruction within common public schools is more desirable than having separate religious schools. I argue that providing religious (...) instruction within common public schools is a better way to balance the educational interests of parents, children and society than banning religious schooling altogether; authorizing it but refusing to fund it; or having publicly funded separate religious schools. (shrink)

Many of the most influential theorists of linguistic justice make arguments on the basis of comparisons between language and religion. They claim either that (1) language, by contrast with religion, cannot be separated from the state or that (2) unequal official linguistic recognition, just like unequal official religious recognition, is morally problematic. This article argues that careful attention to debates about liberalism and the place of religion in public life invites us to question the two above-mentioned liberal assumptions about religion (...) underlying many arguments concerning linguistic justice based on (dis)analogies between language and religion. The hope is that such critical scrutiny is likely to shed some light on normative questions of linguistic justice, more precisely on questions about the legitimacy of granting more recognition to certain languages, usually those of national native groups (as opposed to groups resulting from more or less recent immigration). (shrink)

The standard liberal egalitarian approach to religious exemptions from generally applicable laws implies that such exemptions may be necessary in the name of equal respect for each citizen’s conscience. In each particular case this approach requires balancing the claims of devout believers against the countervailing claims of other citizens. I contend, firstly, that under the conditions of deep moral and ideological disagreement the balancing procedure proves to be extremely inconclusive. It does not provide an unequivocal solution even in the imaginary (...) case based on the biblical story of Abraham’s sacrifice, not to speak of real-life cases that are far less suggestive. Secondly, I argue that it is possible to consider demands for religious exemptions respectfully, without even challenging the way they are justified, but still reject them for principled reasons—namely, because these demands cannot be met without arbitrarily bending popular sovereignty to the dictate of religious doctrines. (shrink)

This paper is about conflicts of rights, and the particularly difficult challenges that such conflicts present when they entail women’s equality and claims of cultural recognition. South Africa since 1994 has presented a series of challenging—but by no means unique—circumstances many of which entail conflicting claims of rights. The central aim of this paper is, to make sense of the idea that the institution of traditional leadership can be sustained—and indeed given new, more concrete powers—in a democracy; and to explore (...) the implications that this has for women’s equality and equal human rights. This is a particularly pertinent question in the South African context, and I think it is worth reiterating from the outset that there is a distinct impression that women’s equality is always “up for grabs” when other, perhaps more powerful interests, come into play, in a way that would be unacceptable for other aspects of identity, and therefore signifiers of equality. It would be inconceivable, for example, to countenance a claim for a hierarchical racial arrangement in a given community, no matter how deeply culturally entrenched that arrangement was, and regardless of how much support it (ostensibly) had from the community concerned. I think therefore that we are obliged to ask difficult questions about the new legislation on traditional leadership, and to put it under the microscope of political theory in assessing the claim that this is one way of recognizing people’s rights and freedoms in a new democracy. (shrink)

The recent claiming of Simone de Beauvoir's legacy by French feminists for a policy of assimilation of Muslim women to Western models of self and society reduces the complexity and richness of Beauvoir's views in inacceptable ways. This article explores to what extent a politics of difference that challenges the ideals and political strategies of abstract liberalism can be extracted from and legitimized by the philosophies of Simone de Beauvoir and Jean-Paul Sartre. Without assuming their thought is identical, we can (...) read them as elucidating each other and as implicitly exposing weak and strong points in their respective philosophies on ethnocultural relations and social identities. (shrink)

The death of multiculturalism has been pronounced many times. In spite of this, this political program has proven resilient and the fact of cultural diversity remains inescapable in most liberal democracies. Still, with the rise of the far right, the migrant crises in the United States and Europe and with social movements pushing the boundaries of multicultural theory, it is high time to review multiculturalism, a movement of the late 20th century, and see where it is headed in the 21st (...) century. This article has two objectives. First, after reviewing three debates—anti‐essentialists versus multiculturalism, interculturalism versus multiculturalism and multiculturalism versus the welfare state—I argue that the normative core of multiculturalism is still viable. Second, I argue that multiculturalism remains unable to contribute to some of the most pressing issues of the 21st century and point to a novel approach to the justification of multicultural policies. This justification relies on the concept of vulnerability, a concept that plays an important but undertheorized role in current multicultural theories. (shrink)

O artigo examina a idéia rawlsiana de razão pública, em primeiro lugar, e a defesa habermasiana do princípio da igualdade cívica, a seguir, afim de apresentar a noção de pós-secularismo de Habermas como resultado dos debates contemporâneos sobre a relação entre religião e política influenciados pela concepção de cidadania democrática de Rawls.The article examines the Rawlsian idea of public reason, fi rst, and the Habermasian defense of the principle of civic equality, then, in order to present Habermas’s notion of post-secularism (...) as a result of the contemporary debates on the relationship between religion and politics infl uenced by Rawls’s conception of democratic citizenship. (shrink)

It is often argued that Michael Walzer’s theory of social criticism, which underpins his theory of justice, is not much of a theory at all, but rather an impressionistic collection of historical anecdotes. Contrary to this perception, I argue that Walzer’s method can be accurately described as a version of John Rawls’ well-known method of wide reflective equilibrium. Through a systematic comparison it can be shown that the two methods are strikingly similar. This implies that, far from the critics’ claim, (...) Walzer’s method can be described as a philosophically sophisticated method. This also adds credibility to Walzer’s views on politics and justice. (shrink)

Linguistic justice is about institutions distributing material and symbolic resources fairly when they are faced with linguistic diversity. However, no theory of linguistic justice has developed a systematic and comprehensive account of the moral dilemmas that take place in interpersonal linguistic relationships, in particular the power dynamics leading to (linguistic) domination. The aim of this article is to start building a general theory of linguistic domination, one that offers new conceptual tools for both empirical and normative analyses of linguistically diverse (...) societies. Using the republican tradition of thought, I argue that there is linguistic domination whenever someone is subject to the uncontrolled capacity for interference over their linguistic uses, ideology and acquisition by another agent. This article tests under what conditions this phenomenon takes place and the parties involved in it (both in terms of individuals and political institutions). (shrink)

In the best literature on unilateral secession, for instance, Buchanan, it is usual to distinguish between remedial theories, which require a just cause for conceding a right to secession for the inhabitants of a territory, part of a State; and primary theories, plebiscitary theories and adscriptivist or nationalist theories. In accordance to this view, only the first are capable of justifying a unilateral right to secession. Well then, in this paper, an argument is elaborated in order to show that the (...) remedial strategy is not applicable to Catalonia and, also to show that even if primary theories are applicable to the case of Catalonia —the plebiscitary strategy has given rise to the so-called right to decide—, they are not able to justify a unilateral right to secession. (shrink)

Despite the widespread presence of public arts funding in liberal societies, some liberals find it unjustified. According to the Neutrality Objection, arts funding preferences some ways of life. One way to motivate this challenge is to say that a public goods-styled justification, although it could relieve arts funding of these worries of partiality, cannot be argued for coherently or is, in the end, too susceptible to impressions of partiality. I argue that diversity-based arts funding can overcome this challenge, because it (...) invests in non-excludable infrastructure that fosters cultural literacy. We all have some interest as citizens in living in a society which fosters cultural literacy, seeing as this helps others to understand us, supports us to understand ourselves, and helps alleviate confusion and alienation we feel toward social difference. While some of these benefits can be enjoyed by those who make and consume art, they are also gained by those who don’t, because arts funding affects the makeup of public spaces and the communicative practices we all use to make sense of the world. (shrink)

Practically almost all the basic matters that make up the political and social agenda of this decade are related to two basic categories: citizenship and multiculturalism. The way in which the connection between these two basic pillars is managed constitutes the principal factor in the social, political and cultural transformation of our epoch. This work has two aims: on one hand, and in relation to the general subject of this monograph it is argued that the question of immigration is part (...) of a wider dynamic of discussions on the basic foundations of our modern era, resulting from the double process of State-building and Nation-building; on the other hand it underlines that the first victim of this process of contextual change is precisly the product of this double historical movement: the traditional notion of citizenship, which has difficulties in finding resources to administer the new phenomena tied to multiculturalism. In this framework, we propose the basic question: in what sense does multiculturalism pose problems to the tradition of citizenship? We start from the following situation: what happens when the traditional notion of citizenship is used in multicultural contexts? I structure my argumentation in five sections. In the first section, I set out the conceptual framework within which present-day arguments are situated, composed of three basic elements: the State, the Nation and Citizenship. In the second section, we enter into the discussion on the traditional concept of citizenship, focusing on its normative and empirical basis from a comparative perspective. In the third section, we are concerned with the concept of multiculturalism. In the fourth section I deal with what I have called the contexts of multiculturalism., that is, the different dimensions that call into question the indivisible (and sacred) character of the State, the Nation and Citizenship. We introduce, in succesion, the pluralism of cultural identities, the pluralism of national identities, immigration, the political construction of the European Union and, finally globalisation. In the fifth and last section we draw up a final balance giving a historical sense to our arguments. (shrink)

Governments are subject to the requirements of justice, yet often seem to go above and beyond what justice requires in order to act in ways many people think are good. These kinds of acts – examples of which include putting on celebrations, providing grants to poets, and preserving historic architecture – appear to be acts of government supererogation. In this paper, I argue that a common view about the relationship between government, coercion, and justice implies that most such acts are (...) not supererogatory, but wrong. Many will find that conclusion unattractive, but rejecting the common view that implies it raises problems, too. (shrink)

This paper discusses the thought of the medieval Maghrebin thinker Ibn Khaldun through the prism of the philosophy and sociology of law and politics. I will first try to illustrate how, even if Ibn Khaldun wrote in the fourteenth century, he anticipated many core concepts that are characteristic of modern Western sociological and philosophical thought. The argument is thus made that his thought can, and indeed must, be rescued from the wide neglect that, outside the specialized field of Khaldunian studies, (...) it has so far suffered in our treatment and teaching of the history of politico-legal sociological thought. I will then claim that the scheme he devised to explain the rise and fall of civilizations can also, with due care, be used to frame and understand the political and cultural landscape in which the West and the Islamic world are presently engaged in a difficult dialogue. The discussion is in this sense offered in the hope of making a contribution to the current politico-legal philosophical and sociological debate on multiculturalism, and on the limits of its scope. (shrink)

My intention in this paper is to reframe the practice of veiling as an embodied practice of self-development and self- transformation. I argue that practices like these cannot be handled by the choice/chance distinction relied on by those who would restrict religious minority accommodations. Embodied self- transformation necessarily means a change in personal identity and this means the religious believer cannot know if they will need religious accommodation when they begin their journey of piety. Even some luck egalitarians would find (...) leaning exclusively on preference and choice to find who should be burdened with paying the full costs of certain choices in one’s life too morally harsh to be justifiable. I end by briefly illustrating an alternative way to think about religious accommodation that does not rely on the choice/chance distinction. (shrink)

This paper argues that pre‐departure language requirements for family reunification are unjustified. Such requirements are assumed to safeguard (1) the non‐instrumental cultural interests of citizens of the receiving society and (2) the instrumental language interests of both citizens and immigrants, for democratic life and political participation. The paper explores nationalist and multiculturalist arguments for implementing post‐arrival integration to ensure a shared public language but contends that such arguments cannot justify pre‐departure language requirements. In addition, instrumental language interests for democratic political (...) life fall empirically short and place undue burdens on immigrants. The case of family reunification poses a unique moral problem, given the vital interest in living with one's family. The paper argues that the linguistic interests of the receiving state, in general, do not outweigh the claim to family reunification. (shrink)

Neorepublicans like Philip Pettit and Frank Lovett claim that neorepublicanism provides a superior normative research program compared to egalitarian-liberalism. Particularly, they argue that neorepublicanism offers a better justification of redistributive policies, which are normally associated with egalitarian-liberalism. According to Lovett and Pettit, the neorepublican justification is superior because it rests on parsimonious theoretical assumptions and is more suitable to persuade people of redistributive institutions. We contest these claims on the grounds of methodological and substantive moral reasons. We argue that the (...) neorepublican arguments claiming rhetorical effectiveness and parsimony rest on methodological presuppositions that reflect an unattractive understanding of political philosophy. Additionally, since neorepublicanism lacks a (thin) theory of the good, it does not provide a sufficient basis for justifying redistributive policies. (shrink)

This paper introduces a novel account of freedom of dissociation, construed as the “right to a fair exit.” It defines freedom of dissociation as the right to end an association without excessive and undue costs. This novel account contrasts with the classic right of exit that some liberal philosophers have theorized as the bedrock of associational freedom. The original right of exit is first and foremost concerned with the protection against excessive exit costs, while the right to a fair exit (...) broadens its scope to include undue costs as well. State policy should aim at monitoring and resourcing exit not only to ensure that leavers have adequate exit options, but also that the costs of exit are fairly divided between parties. This account illuminates a range of cases, such as divorce, dissolution of employment contracts, and contested exits from religious associations. (shrink)

This paper investigates the right of exit from religious associations. The liberal state has a compelling interest in overseeing exit, even if it implies some loss in religious group autonomy. Members should not be bound by rules they find unconscionable. They should be free to leave and able to do so. To enable exit, the paper advocates the use of membership contracts. Religious associations should issue a contract for members working for, residing in, or donating money to the association under (...) a regime of legal exemptions. The membership contract publicises the right of exit and offers a basis for negotiating and contesting its terms. It makes exit less “unthinkable” to members and helps tackle unreasonable economic costs to exit. (shrink)

This volume - the joint effort of the research groups on practical philosophy and the history of political thought of the Institute of Philosophy of the Research Centre for the Humanities of the Hungarian Academy of Sciences - brings together scholarly essays that attempt to face the challenges of the contemporary situation. The authors come from rather divergent disciplinary backgrounds, including philosophy, law, history, literature and the social sciences, from different cultural and political contexts, including Central, Eastern and Western Europe, (...) and belong to different generations. But they all share an interest to bravely answer the large topical issues concerning universal morality, here and now. (shrink)

This article analyses Ukraine’s language policies from 2002 to 2022 within a framework of liberalism, while avoiding making normative judgements or recommendations, updating the discussion raised in Kymlicka and Opalski’s Can Liberal Pluralism be Exported? The analysis takes into consideration Ukraine’s present and historic position, including the challenge that postcolonial nation building can pose for achieving liberalism and linguistic justice. The paper focuses on three main areas of language policy: education, businesses and media, and assesses if they can be described (...) as liberal orthodox, pluralist or illiberal. The article begins by defining liberalism and illiberalism, discussing the context of Ukraine’s linguistic diversity and postcolonial context, before outlining the language situation until EuroMaidan. Then, the main issue of language policy in the areas of education, business and media is analysed, before considering whether Ukrainian language laws might be considered liberal or illiberal. Finally, potential future trajectories are outlined. (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)

Theories of multiculturalism explore whether minority cultural groups have rights and claims that limit the nation-building aims of the modern state and that protect a space in which minorities can...

The horror of 7/7 and the radicalization of young British Muslims have prompted a flurry of obituaries gleefully chronicling the demise of multiculturalism. This article turns the clock back to revisit Bhikhu Parekh's Rethinking Multiculturalism, the scholarly cousin of the report by the Runnymede Commission on The Future of Multi-ethnic Britain, both published in 2000. It argues that multiculturalism has never been as universally acceptable as recent critiques would lead us to believe, but also that philosophical multiculturalism is the unfortunate (...) victim of a lazy conflation with political multiculturalism. While Parekh's multiculturalism is worryingly sympathetic to the prevailing management of cultural diversity, it also illuminates the orthodox Left's elective disengagement with questions of culture, ethnicity and religion. Recent events have brought home the message that neglecting the complexity of belonging only strengthens the impulse for sectarian collectivism. They awaken us to the fact that Britain's emerging political actors will be multiculturalism's children: citizens who refract their interests through the lens of their inherited cultures. The question is whether we constitute the fact of cultural diversity as a full stop, as Parekh does, or whether we creatively seize it to enable `multicultures' of social justice, as this article advocates. (shrink)

Brian Barry's Culture and Equality is probably the most powerful liberal egalitarian critique of multiculturalism addressing the pathologies of recognizing difference of ethnicity, religion, race, and culture. In this essay, I examine Barry's approach to the law, which underpins his theory of egalitarianism to determine whether it is enough — as Barry thinks it is — to insist on either applying the same law for everyone so that exemptions are foreclosed in general, or repealing the law since the case for (...) its existence is not justified. I find that Barry's effort is inadequate. Because the conditions for exemptions are not specified, exemptions are merely defensible, not just. Using the headscarf controversy in France to illustrate why Barry's approach backfires, I argue how enforcing the same law for all leads to undermining the very politics of redistribution that Barry champions. (shrink)

In this paper, I show how a novel treatment of speech acts can be combined with a well-known liberal argument for multiculturalism in a way that will justify claims about the preservation, protection, or accommodation of minority languages. The key to the paper is the claim that every language makes a distinctive range of speech acts possible, acts that cannot be realized by means of any other language. As a result, when a language disappears, so does a class of speech (...) acts. If we accept that our social identities are in large part constituted by the decisions we make about how to speak, language loss, then, will amount to a substantial infringement on our autonomy in a particularly important domain. (shrink)

This essay examines the most recent justifications for a people's exclusive right to resources as part of a territorial right. Divided into eight parts, the discussion covers contemporary philosophical discussion regarding: the conception of natural resources, the conception of resource rights, the general form of arguments supporting resource rights, arguments from self-determination, objections to arguments from self-determination, arguments from residence, arguments from improvement, and new directions for research in the future.

1. In this article, I will use a case study to explore the broader question of how to assess socioeconomic development from a normative perspective, especially in relation to indigenous peoples.1 T...

This article argues that today’s search for identity, in the context of the rise of a new spirituality and the decline of authoritative memories, facilitates the forging of a new connection between soul and memory and enhances the importance of traumatic memories. Consequently, we witness the sacralization of memory which in unsettled times, when memories tend to become fixed and frozen, can undermine intergroup cooperation. The article asserts that an ethical burden, prompted by viewing memory as the surrogate of the (...) soul and the overrating of the importance of the politics of identity, can result in the displacement of public concerns with private ones. It stresses a need to rethink what kind of memory is compatible with a just, pluralist and cohesive democratic system. (shrink)

Globalization is not just an economic phenomenon as economic transactions cannot take place without parallel flows of ideas, cultural products and people. The traditional notion of immigrants, i.e. those who leave one country to settle into another while leaving behind their past, is inextricably linked to the other flows that constitute globalization. The traditional notions of immigrants, i.e. movements back and forth between sending and receiving countries have historically been a fact of life for many immigrant groups. However, what is (...) new about contemporary migration is the scale, diversity, density and regularity of such movements and the socioeconomic consequences that they have brought about are unmatched by the phenomena of the past (Portes & Guarnizo, 2002). Migration, development and international relations are thus closely linked (Castles, 1999, 2000a, 2000b). Indeed, by definition, international migrants have always crossed national borders. Whereas physical mobility concerns the observable act of crossing boundaries, psychological mobility refers to people’s attitudes towards this act (Lazarova & Taylor, 2009). Thus, sociological explanations of migration focus on the importance of cultural and social capital. Cultural capital refers to knowledge of other societies and the opportunities they offer, as well as information about how to actually go about moving and seeking work elsewhere. In this context, an understanding of diversity is warranted. (shrink)

This article critically examines the plain exit principle of Kukathas that argues as the best system to conciliate the demands of belonging to an indigenous culture and the right to dissent from their women members. We first review the tension between feminism of equality and the situation of indigenous women with their internal cultures. Second, we explore the thesis of Kukathas for conclude that it alone is not enough. Finally, it analyses an alternative solution that overlapping the right of exit, (...) a model of multicultural jurisdictions and adequate conception of deliberative democracy. (shrink)

Multiculturalism has become a central theme in many academic disciplines from philosophy to education, social work and psychology, ultimately reaching political science and law. What seems to be unique in current studies on multiculturalism is not merely the observance and display of societies that happen to be diverse in terms of the religious, cultural, national and ethnic affiliation of their members. Rather, it is the central argument that such divergence is legitimate and should be accommodated. Accepting other groups in society (...) and the legitimacy of accommodating them has become a virtue of tolerance.This paper argues that we must first look into multicultural theory itself to discover what can be called ‘multicultural qualifications’. These are in essence pre-conditions without the presence of which group accommodations, even if granted based on group membership, should not be considered as multicultural in nature. With multicultural theory as a backdrop, this article intends to identify such multicultural qualifications. The Palestinian-Arab minority in Israel is studied in its constellation as both a national minority group and as a religiously diverse group as an object for testing the application of the identified multicultural qualifications. (shrink)

This paper is concerned with the tensions that arise when one juxtaposes one important liberal understanding of the nature and use of state power in circumstances of pluralism and (broadly) retributive accounts of punishment. The argument is that there are aspects of the liberal theory that seem to be in tension with aspects of retributive punishment, and that these tensions are difficult to avoid because of the attractiveness of precisely those features of each account. However, a proper understanding of both (...) liberalism and retributive punishment allows us to dissolve some of the tensions whilst also bringing each position into sharper relief. The paper begins by introducing the liberal position and outlining the apparent tensions that may arise with retributive punishment. In so doing, there is also a brief discussion of how this debate relates to the more familiar dispute between legal moralists and their opponents. The paper then proceeds by considering each of the areas of tension in turn. (shrink)

This essay examines religious freedom in the context of education policy. I defend an approach that serves the aims of both religious freedom and adequate education requirements. The permissive view of religious exemptions endorsed in American law sometimes lends support to objectionable education policies. The alternative I defend opposes granting exemptions to education policy, religious or otherwise, when doing so will deprive students of an education that permits entry to higher education or to a meaningful range of opportunities in the (...) labor market. Yet when there are policy options that accommodate concerns of religious citizens that do not result in objectionable compromises on education standards, we should favor them. (shrink)

Exemption claims remain a tangled and divisive moral and legal issue both in academia and in the public sphere. In his book Exemptions: Necessary, Justified, or Misguided?, the constitutional scholar Kent Greenawalt zeros in on the vexed question of whether exemptions from rules of general applicability based on the conscientious convictions of individuals or groups are sometimes justified or prudent by discussing a wide range of cases drawn from the American jurisprudence. Although he does not engage in a significant way (...) with political and legal philosophy and comparative law, his contextualist and pragmatic approach is a powerful antidote against oversimplification and dogmatism with regard to exemption claims. Unsurprisingly, Greenawalt’s approach comes at times dangerously close to casuistry, and some of his analyses and normative recommendations would benefit from a firmer footing in moral principles and rational argumentation. In this review, I flesh out some of the strengths and limits of Greenawalt’s valuable book. (shrink)