Many of the most popular liberal arguments for cultural rights all note that the world is formed into groups. But in the attempt to universalise these arguments, it is too often assumed that the nation is the most important of these groups. This focus upon the nation ignores the many and varying bases of self?respect. It overlooks the fact that self?respect may be tied to many different kinds of groups. Further, most discussions of cultural rights are fuelled by the experience (...) of particular groups. Which groups depends on the theorist and issue at hand. The discussion may be sound for the particular group being discussed. But then many cultural rights theorists, in generalising from one case to others, may not have good reason to do so, leading into a mistaken universalism. The study of cultural rights arguments, with closer reference to the case studies that underpin them, should serve to limit illicit generalisation and to illuminate the true value of cultural rights arguments. (shrink)

In this paper, I consider the objection that unilateral secession by a national group (e.g., the Scots) from a legitimate, nonusurping state would wrong minority nationalities within the seceding territory. I show first that most proponents of this objection assume that the ground of the right to national self-determination is the protection of the group’s culture. I show that there are alternative justifications available. I then set out a version of this objection that does not rely on this claim; on (...) this objection, a national minority that seceded and created its own state would commit an expressive wrong against minorities within the territory over which it claimed jurisdiction. I show that this objection is undermotivated: only under a specific set of circumstances would the minorities of the secessionist region be subject to an expressive wrong. Finally, I show that the correct way to think about the claims of minorities in secessionist regions is in terms of a claim to secure access to equal civic status such that they are not at risk of becoming justifiably alienated from their new state. If a secessionist group cannot provide this guarantee to the minority residents of their territory, then their seceding would commit wrongful harm, and the presumption in favour of collective autonomy is defeated. I call this defeater the ‘Alienation Defeater.’With this in hand, we are now in a position to explain why nations are normatively special. Responding to the objections broached by Allen Buchanan and others, I show that even if other kinds of groups, such as religious groups, have the features in virtue of which nations have a claim to self-determination, this does not entail that those groups also have the right to secede. This is because an account of self-determination needs a list of ‘defeaters’—features in virtue of which a group’s claim to self-determination is defeated. I argue that religious groups are the strongest candidate for having a claim to collective autonomy in virtue of sharing many features with nations. I then argue that religious groups will run afoul of the Alienation Defeater; religious identity is too narrow to be the basis of the dominant collective identity of a state. This does not apply to nationality. This, I explain, is because of qualitative differences between religious groups, qua religious groups, and nations. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, I examine (...) the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

The principle of national self-determination holds that a national community, simply by virtue of being a national community, has a prima facie right to create its own sovereign state. While many support this principle, not as many agree that it should be formally recognized by political institutions. One of the main concerns is that implementing this principle may lead to certain types of inequalities—between nations with and without their own states, members inside and outside the border, and members and nonmembers (...) inside the same nation state. While these inequalities may arise, I shall argue that they are not unjust. These worries are partly the results of confusing two types of interests that a national group may have—in cultural affairs and in political affairs. While a national community should enjoy rights over their cultural affairs, this does not grant them authority over other non-cultural, political affairs. Once the distinction is drawn, we can see that there are constraints on the implementation of this principle. Consequently, these inequalities justify setting limits to a group’s right of self-government, although they do not conclusively refute the right itself. (shrink)

(1998). Liberal legitimacy, reasonable disagreement and justice. Critical Review of International Social and Political Philosophy: Vol. 1, Pluralsim and Liberal Neutrality, pp. 19-36. doi: 10.1080/13698239808403246.

A number of philosophers argue that the moral value of national identity is sufficient to justify at least a prima facie right of a national community to create its own independent, sovereign state. In the literature, this argument is commonly referred to as the identity argument. In this paper, I consider whether the identity argument successfully proves that a national group is entitled to a state of its own. To do so, I first explain three important steps in the argument (...) and then consider whether they lead to the desired conclusion. My examination reveals that the identity argument relies on the Optimal Protection Principle; however, this principle does not apply to the case of a national community. As a result, the identity argument fails to justify even a prima facie right of a national community to establish its own state. (shrink)