Strict separation of church from a presumed ‘religion-blind’and strictly ‘neutral’state still is the preferred model in liberal, democratic, feminist, and socialist political theory. Focusing on the full, reciprocal relationships between society-culture-politics-nation-state and religions, this article makes a case in favor of ‘nonconstitutional pluralism’ in general, associative democracy in particular. Associative democracy recognizes religious diversity both individually and organizationally; it stimulates legitimate religious diversity; it prevents a hidden majority bias; and it provides a legitimate role for organized religions in the provision (...) of a wide range of services, including education, on one hand, and in the political process, on the other hand. That organized religions should be informed, heard, and consulted in contested issues should be a crucial component of democratic participation. This also might help prevent the development of religious fundamentalism. (shrink)

Philosophy and Literature is an internationally renowned refereed journal founded by Denis Dutton at the University of Canterbury, Christchurch. It is now published by the Johns Hopkins University Press. Since its inception in 1976, Philosophy and Literature has been concerned with the relation between literary and philosophical studies, publishing articles on the philosophical interpretation of literature as well as the literary treatment of philosophy. Philosophy and Literature has sometimes been regarded as iconoclastic, in the sense that it repudiates academic pretensions, (...) insidious jargon and institutional vogue. Dutton, who remains the editor, still writes a regular column. A distinctive feature of Philosophy and Literature was the annual Bad Writing Contest, held from 1995–98, which sought to identify (and publish) the ‘most stylistically lamentable passages’ of academic prose, often to great amusement. (shrink)

Assuming similarities between the domestic and global spheres of justice, I consider how lessons from the debate over women's rights and multiculturalism can be applied to global justice. In doing so, I focus on one strain of thinking on global justice, current moderations and modifications to cosmopolitanism. Discussions of global justice tend to approach the question of gender equity in one of two distinct ways: through articulations a cosmopolitanism ethic, advancing women's rights with the discourse of universal human rights or (...) through the lens of Care Ethics. The former approach emphasizes a universal core shared by all human beings, the latter the specific relationships we each are situated within. Recently, the discourse of global justice has moved away from this universal/particular dichotomy, with a range of theories, call them rooted cosmopolitanisms. My goal in this paper is to consider how these rooted versions of cosmopolitanism might respond to issues of gender equity and women's rights. (1) In pursuit of this aim, I first outline the parameters that define rooted cosmopolitanism. (2) I then assume, for the sake of argument, a continuity between domestic and global domains of justice, a continuity which allows for a translation of insights gained in domestic debates over multiculturalism into the global domain. (3) Finally, offering an answer to my leading question, I claim that rooted cosmopolitanism might assist in the struggle to protect the well-being of women as it endeavors to advance global justice. (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)

One popular strategy of opposition to practices of female genital cutting (FCG) is rooted in the global feminist movement. Arguing that women’s rights are human rights, global feminists contend that practices of FGC are a culturally specific manifestation of gender-based oppression that violates a number of rights. Many African feminists resist a women’s rights approach. They argue that by focusing on gender as the primary axis of oppression affecting the African communities where FGC occurs, a women’s rights approach has misrepresented (...) African women as passive victims who need to be rescued from African men and has obscured the role of certain international institutions that have perpetuated the oppression of African women. In this paper, I defend these critiques by arguing that the use of a women’s rights framework to combat practices of female genital cutting among African communities has often been practically ineffective and morally inappropriate. (shrink)

Recent decades of women's rights advocacy have produced numerous regional and international agreements for protecting women's security, including a UN convention that affirms the state's responsibility to protect key gender-specific rights, with no exceptions on the basis of culture or religion. At the same time, however, the focus on universal women's rights has enabled influential feminists in the United States to view women's rights in opposition to culture, and most often in opposition to other people's cultures. Not surprisingly, then, feminists (...) across the global South have criticized the universal-women's-rights agenda. This article reviews representative critical responses to universal-women's-rights advocacy. The author argues that, taken collectively, these critical responses do not reject the possibility of cross-cultural feminist advocacy but they do suggest the need for feminists in the United States and Europe to focus less on transferring rights across the obstacles of culture and more on how they can revise and expand their own understanding of women's rights in response to the struggles of other women, many of whom view women's rights as organic to their own cultures and as connected to broader social struggles. (shrink)

Reilly offers an account of cosmopolitan feminism as emancipatory political practice in an age of globalization. This entails a critical engagement with international human rights law; a global feminist consciousness that contests patriarchal, capitalist, and racist power dynamics in a context of neoliberal globalization; cross-boundaries dialogue that recognizes the intersectionality of forms of oppression; collaborative transnational strategizing on concrete issues; and the utilization of global forums as sites of cosmopolitan solidarity and citizen action.

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those (...) communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach. (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)

There are a variety of discourses and practices that position Western feminists as people who have a moral and political obligation to concern themselves with the welfare, suffering, or empowerment of non-Western subjects, often women, and intervene to “do good” on their behalf. Conversely, there are virtually no discourses and practices that assign moral and political obligations to non-Western feminists to intervene in matters involving the welfare or suffering of Western subjects, including women. A central goal of my paper is (...) to make this asymmetry explicit and distinguish it from charges such as “essentialism” more commonly made against Western feminist representations of their Others. I explore the consequences of discourses and practices that construct Western subjects as entitled to and obligated to concern themselves with the world entire, while not extending this global scope of concern to non-Western subjects. I critically examine, among other things, the roles assigned Western-funded NGOs in enabling Western subjects to engage in practices of “doing good” and I explore alternative possibilities that are more explicitly “political.” Along the way, I examine certain blind spots in Western political theory that appear connected to the picture of Western subjects as obligated to “do good” in distant places. My analysis engages substantially with Alison Jaggar’s essay, “Saving Amina,” drawing attention to matters of agreement and possible disagreement. (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)

What role should the state have in recognizing and regulating marriage? Until recently, liberal political theorists paid little attention to this question. Yet the challenges that the public–private boundary-crossing institution of marriage poses to liberalism are substantial. Tensions in contemporary debates suggest that these challenges remain unaddressed and thus, invite attempts to formulate a coherent and compelling model of the relationship between marriage and the liberal state. This article responds to this invitation. Marriage has long been a concern of at (...) least some liberal thinkers. Typically they focused on the dual character of marriage, or its role in producing gender inequality. While these critical insights are essential to any adequate account of marriage and the state, they are only part of the picture. To grasp the sources of confusion and silences in contemporary debates, and formulate a robust liberal model of marriage and the state, we must examine the functions — intended and effective — of public recognition of marriage. This examination highlights the relevance to the marriage-state relationship of familiar liberal approaches to negotiating the religion-state relationship. Drawing on these approaches and liberal feminist thought, I sketch a model of marriage and the state that aims to expand the area of protected freedom without sacrificing equality, fairness or marriage. Under the model I propose, marriage would be disestablished. The state would neither confer marital status, nor use 'marriage' as a category for dispersing benefits. Legitimate public welfare goals currently treated through marriage would be addressed through an intimate caregiving union status. (shrink)

I argue that Iris Marion Young’s concept of political responsibility is well suited for transnational feminism analyses. Young’s work reveals the intersections of ethical, social, and political theory; her model of political responsibility articulates a view of shared social and political responsibility for the structural conditions of exploitation and domination. Young’s theory of political responsibility provides an account that views responsibility for social injustice as both deeply personal, and shared. She argues that we can only discharge our political responsibility by (...) engaging with others in collective actions that seek to change unjust situation and institutions. I argue that Young’s model of political responsibility, because of its focus on structural injustice, provides a more nuanced account of global justice than either a human rights framework, or a cosmopolitan framework. Because Young’s theory of political responsibility focuses on structural injustice we can use it to analyze inequalities and asymmetries of power with respect to gender and in terms of structural injustice. (shrink)

I argue that Iris Marion Young’s concept of political responsibility is well suited for transnational feminism analyses. Young’s work reveals the intersections of ethical, social, and political theory; her model of political responsibility articulates a view of shared social and political responsibility for the structural conditions of exploitation and domination. Young’s theory of political responsibility provides an account that views responsibility for social injustice as both deeply personal, and shared. She argues that we can only discharge our political responsibility by (...) engaging with others in collective actions that seek to change unjust situation and institutions. I argue that Young’s model of political responsibility, because of its focus on structural injustice, provides a more nuanced account of global justice than either a human rights framework, or a cosmopolitan framework. Because Young’s theory of political responsibility focuses on structural injustice we can use it to analyze inequalities and asymmetries of power with respect to gender and in terms of structural injustice. (shrink)

El artículo sostiene que la teoría liberal está tensionada por una pretensión de universalidad normativa y su implementación institucional en el contexto de los Estados nacionales. Esta tensión se expresa claramente en el caso de la inmigración con la demanda estatal de control discrecional de las fronteras. El artículo desarrolla cuatro argumentos a favor de la relevancia normativa de las fronteras, y sostiene que no son conclusivos. Correspondientemente, desde una perspectiva liberal se dispondría de menos argumentos para justificar el cierre (...) discrecional de las fronteras. (shrink)

O artigo apresenta algumas estratégias recorrentes para justificar os direitos culturais (tais como comunidade justificativa, o valor da diversidade, as teorias do reconhecimento da diferença cultural, o valor da autonomia, a justificação de igualdade) e as examina criticamente à luz de seus próprios méritos, a partir da perspectiva do liberalismo enquanto doutrina política. De acordo com o artigo, todas essas justificativas são fadadas ao fracasso.

This article deals with the empirical example of how social subjects, in this case women, have appropriated the language of rights in order to demand social inclusion. Since there are many different points of view in feminist theory with regard to how to deal with the idea of women’s rights, this article is divided into three sections. In the first section, I focus on how some important normative contents about democracy and rights have already been accepted by many different theorists (...) who speak from critical perspectives. In the second section, I deal with how women’s struggles have gained consensus about the importance of defending the idea of rights for their own struggles to overcome their exclusion. In the third and last section, I turn back to the theoretical efforts by leading feminists, in order to show how these struggles from women all over the world can be thematized in our global scenario. (shrink)

Debates about moral judgments have raised questions about the roles of reasoning, culture, and conflict. In response, the cognitive prototype model explains that over time, through training, and as a result of cognitive development, people construct notions of blameworthy and praiseworthy behavior by abstracting out salient properties that lead to an ideal representation of each. These properties are the primary features of moral prototypes and include social context interpretation, intentionality, consent, and outcomes. According to this model, when the properties are (...) uniform and coherent, they depict a promoral or immoral prototype, relative to the orientations of the properties. A promoral prototype is represented by an action that is supported by the culture, intentionally benevolent or other-regarding, consensual, and resulting in positive outcomes. An immoral prototype is an action that is condemned by the culture, intentionally malevolent or self-serving, lacking consent, and resulting in negative outcomes. It is hypothesized that moral prototypes will result in a high level of agreement and require effortless processing. Alternatively, when properties conflict or the situation deviates from the prototype, a nonprototype will result. It is hypothesized that nonprototypical situations will act as a source of moral disagreement and may require more effortful processing. (shrink)

Two major reasons feminists are concerned with science relate to science's social effects: that science can be a powerful ally in the struggle for equality for women; and that all too frequently science has been a generator and perpetuator of inequality. This concern with the social effects of science leads feminists to a different mode of appraising science from the purely epistemic one prized by most contemporary philosophers of science. The upshot, I suggest, is a new program for philosophy of (...) science, a program for a socially responsible philosophy of science. (shrink)

Postcolonial and transnational feminists’ calls to recognize “other” women’s agency have seemed to some Western feminists to entail moral quietism about women’s oppression. Here, I offer an antirelativist framing of the transnational feminist critiques, one rooted in a conception of transnational feminisms as a nonideal theoretical enterprise. The Western feminist problem is not simple ethnocentrism, but rather a failure to ask the right types of normative questions, questions relevant to the nonideal context in which transnational feminist praxis occurs. Instead of (...) asking which forms of power are gender-justice-enhancing, Western feminists are fixated on contrasting “other” cultures to an idealized Western culture. A focus on ideal theorizing works together with colonial epistemic practices to divert Western feminist attention from key questions about what will reduce “other” women’s oppression under conditions of gender injustice and ongoing imperialism. Western feminists need to ask whether “other” women’s power is resistant, and answering this question requires a focus on what Amartya Sen would call “justice enhancement” rather than an ideal of the gender-just culture. I show how a focus on resistance, accompanied by a colonialism-visibilizing hypothesis and a normative vision that allows multiple strategies for transitioning out of injustice, can guide Western feminists toward more appropriate questions about “other” women’s power. (shrink)

Today we can identify two challenges of pluralism: the ever-growing conflicts between religious, national and ethnic groups on the one hand and the oppression of dissenting individuals by their respective communities on the other hand. Both intercommunitarian and intracommunitarian conflicts find their origin in a communitarian conception of our political, cultural, or religious identities. After presenting some of the problems of the communitarian solution in particular with regard to the challenge of internal pluralism, I introduce alternative conceptions of multiculturalism that (...) consider our commitments to be part of our personal or individual identity. Distinguishing a conception of identity based upon self-knowledge from liberal, postmodern theories (Richard Rorty) and alternative non-cognitive theories (Bernard Williams) that consider identity to be individual in nature, I propose that the awareness of the individual nature of commitments makes it possible for us not to impose our values upon other individuals who do not share them while at the same time justifying the multicultural project. (shrink)

Today we can identify two challenges of pluralism: the ever-growing conflicts between religious, national and ethnic groups on the one hand and the oppression of dissenting individuals by their respective communities on the other hand. Both intercommunitarian and intracommunitarian conflicts find their origin in a communitarian conception of our political, cultural, or religious identities. After presenting some of the problems of the communitarian solution in particular with regard to the challenge of internal pluralism, I introduce alternative conceptions of multiculturalism that (...) consider our commitments to be part of our personal or individual identity. Distinguishing a conception of identity based upon self-knowledge from liberal, postmodern theories (Richard Rorty) and alternative non-cognitive theories (Bernard Williams) that consider identity to be individual in nature, I propose that the awareness of the individual nature of commitments makes it possible for us not to impose our values upon other individuals who do not share them while at the same time justifying the multicultural project. (shrink)

This essay takes up an apparently minor idea of Susan Moller Okin's Justice, Gender, and the Family—that employers should split the paycheck of wage-earning husbands between employees and their stay-at-home spouses—and suggests that it actually threatens to undermine Okin's entire argument by perpetuating the most central cause of women's inequality by Okin's own account: the sexual division of labor. Recognizing the vital contributions that Okin's seminal work made and the impact that it had on the field of feminist philosophy and (...) political theory, the essay explores the ethical, political, and philosophical problems with this solution to the dire problems of gender inequality and injustice that Okin correctly identifies. The essay suggests that her commitment to liberalism may have resulted in a commitment to an inadequate vision of how to solve the problems of gender inequality, and offers other possibilities that Okin could have pursued instead that sustain her strong commitment to liberalism. (shrink)

Punishing groups raises a difficult question, namely, how their punishment can be justified at all. Some have argued that punishing groups is morally problematic because of the effects that the punishment entails for their members. In this paper we argue against this view. We distinguish the question of internal justice—how punishment-effects are distributed—from the question of external justice—whether the punishment is justified. We argue that issues of internal justice do not in general undermine the permissibility of punishment. We also defend (...) the permissibility of what some call “random punishment.” We argue that, for some kinds of collectives, there is no general obligation to internally distribute the punishment-effects equally or in proportion to individual contribution. (shrink)

Many influential Western feminists of diverse backgrounds have expressed concerns that multiculturalism, while strengthening the power of racial ethnic minorities vis-à-vis the majority, worsens the position of its most vulnerable members, women. Despite their good intentions, these feminists have been consistently dismissive of the voices of racial ethnic women, many of whom argue for the importance of sustaining their own “illiberal” cultures within the Western context. I offer a Third World feminist defense of multiculturalism by paying attention to these women (...) whose varying assessments of multiculturalism are less unequivocally negative, more ambivalent and complex, and even affirming and positive. (shrink)

This article brings into conversation two important literatures in contemporary political theory that have, for the most part, failed to engage one another: work spanning more than two decades on multiculturalism and identity politics, and neo-republican work on nondomination. The authors take as their starting-point two widely endorsed claims: that identities are constructs and that state actors play a crucial role in their construction. Their question is how democratic states should shape identity, and their central claim is that states should (...) do so in ways that promote what they call democratic nondomination. This ideal, they stress, is multifaceted. It has both an action-level and a system-level component. In addition, it has both an inter-agentive and an impersonal dimension. Attending to democratic nondomination in its complexity is crucial to the project of evaluating alternative possible forms of state identity construction. (shrink)

In our era of globalization, migration increasingly enforces cultural heterogeneity at the level of single societies and countries mirroring the cultural heterogeneity at the macroscopic level, i.e. the planet. Thus, the question of intercultural understanding and coexistence not only is crucial when it comes to states, but is increasingly gaining in importance in terms of identifying preconditions that enable individuals from various cultural backgrounds to share one commonwealth. At present, a growing number of people are convinced that this challenge is (...) not easily met due to what are believed to be fundamental moral disagreements between ‘western’ and ‘non-western’ culture. Against this background, different proposals have been provided to rise to the above-mentioned challenge. One of them is to allow for ‘cultural’ justifications in matters of criminal law. In this article I try to outline the state of discussion on claims for a ‘cultural defense’ by identifying and analysing three distinct rationales: the argument from pluralism; the argument from fairness; and the argument from necessity. Finally, I critically reflect on them from a human rights perspective. (shrink)

Traditional disciplinary guidelines are inadequate to address some of the ethical dilemmas that emerge when conducting research on violence against women and girls. This article is organized according to the ethical principles of respect for persons, privacy and confidentiality, justice, beneficence, and nonmaleficence. In the article, I describe dilemmas involved in cross-cultural research, research on children, informed consent, voluntariness, coercion, deception, safety, mandated reporting, and dissemination. In the article, I include examples from qualitative and quantitative studies in many nations. I (...) also offer suggestions for researchers and institutional review boards. (shrink)

The central thesis of Susan Okin's Justice, Gender, and the Family—that the ideology of the traditional family is the linchpin of contemporary gender inequality in the US—remains significant more than a quarter-century after the book's publication. On a political register, Okin's insistence on structural analysis of gender inequality is an important corrective to recent mainstream feminist emphasis on individual women's choices. On an academic register, her work reveals the incoherence of scholarly classifications of feminist theories as “liberal feminist” or “radical (...) feminist” by confounding such distinctions. I argue that her thesis is best understood in relation to the early radical feminism of Juliet Mitchell's Woman's Estate, a book Okin praised. Placing Okin's work in the context of its radical roots clarifies her “linchpin thesis,” but also reveals the limitations of her argument: in her emphasis on what Iris Young has termed the “distributive paradigm of justice,” Okin unnecessarily adopts a much narrower definition of the family than did Mitchell, and overestimates the influence of economic vulnerability after divorce on women's capacity to exit marriage. I suggest modifications to her theory, and conclude by showing the continuing relevance of her argument for analyzing recent legal, policy, and demographic shifts. (shrink)

Recognising the relevance of Iris Marion Young's work to education, this article poses the question: given Iris Young's commitment to both social justice and to recognition of the political and ethical significance of difference, to what extent does her position allow for transnational interventions in education to foster democracy? First, it explores some of Iris Young's arguments on the relationship between democracy and social justice, with particular reference to their implications for education. Second, I argue that if her ideas are (...) extended to the issue of global justice, the strategies which she offers should be extended, at least when it comes to educational intervention, to allow for a wider range of actions in support of global justice through education for democracy than Iris Young's work so far seems to allow. The wider range of strategies which I propose call on western feminists and their governments to do more to promote democracy and social justice globally. This can be done in ways that are consistent with Iris Young's stipulation that transnational interference is permissible if undertaken against dominative harm. (shrink)

On the 24th June 2015, Feminist Legal Studies and the London School of Economics Law Department hosted an afternoon event with Professor Wendy Brown, Class of 1936 First Professor of Political Science, University of California. Professor Brown kindly agreed to discuss her scholarship on feminist theory, and its relationship to both the law and neoliberalism. The event included an interview by Dr Katie Cruz and a Q&A session, which are presented here in an edited version of the transcript. Sumi Madhock, (...) Professor of Gender Studies, LSE chaired the interview and discussion and introduced Professor Brown’s work. Katie Cruz asked Wendy Brown to reflect upon topics that span her scholarship and activism, including the state of critical, feminist, and Left approaches to rights, neoliberalism, despair and utopianism, and the future of feminist theory and practice in the context of neoliberalism and current debates about intersectionality. Participants in the discussion asked questions on a wide range of issues, including the limits of feminist engagement with law as a tool for social change, the dominance of neoliberalism, imperialist feminism, Islamophobia, secularism, and our attachment to the figure of homo politicus. (shrink)

Is the liberal state entitled to intervene in the internal affairs of its nonliberal minorities to promote individual autonomy as a public ideal, or should it tolerate the nonliberal practices of such groups in the name of legitimate diversity? This problem can be fruitfully approached from the perspective of Isaiah Berlin's notion of "value pluralism." According to William Galston, value pluralism privileges a form of liberalism that is maximally accommodating of nonliberal groups and their practices. I agree that pluralism fits (...) best with a liberal political framework, but I depart from Galston's interpretation of what liberal pluralism involves. Taking value pluralism seriously, I argue, implies a form of liberalism in which personal autonomy is a central public ideal. (shrink)

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

Liberal approaches to multiculturalism and cultural nationalism have met with severe criticism in recent years. This article makes the case for an alternative, Aristotelian approach developed in the work of the ‘founding father’ of culture, J. G. Herder. According to Herder, culture is worthy of political recognition because it contributes to the realization of our common but contradictory human telos. Only a plurality of cultures, each realizing a unique balance of our contradictory needs, can bring wholeness to our common nature. (...) In conclusion, I argue for the merits of this Aristotelian approach in resolving some recurring problems of multiculturalism. (shrink)

Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify the (...) basic rights of citizens. (shrink)

Recent theories of critical thinking have stressed the importance of taking into consideration in critical enquiry the perspectives, or presuppositions, of both the speaker whose statements are under scrutiny and the critic himself. The purpose of the paper is to explore this idea from an epistemological (rather than a pedagogical or psychological) point of view. The problem is first placed within the general context of critical thinking theory. Three types of perspective-dependence are then described, and the consequences of each for (...) the possibility of critical discussion discussed. It is concluded that although it is essential in critical discussion to take the other’s perspective into consideration, perspective-dependence does not exclude the possibility of criticism. (shrink)

El presente trabajo discute la cuestión del reconocimiento y el acomodo de la diversidad como forma de justicia social. En primer lugar, expondremos el trasfondo común que comparten las propuestas multiculturalistas y las intercultralistas, esto es, el particular énfasis que ponen en la necesidad de reconocimiento para la conformación de la personalidad y en las patologías que se derivan de la falta de reconocimiento. En segundo lugar, veremos algunos de los problemas que suscitan los planteamientos multiculturalistas: minorías dentro de las (...) minorías, esencialismo y ausencia de cohesión social. En este punto también expondremos algunas de las propuestas del interculturalismo para superar estos obstáculos. Por último, propondremos la noción de patriotismo constitucional como fórmula para la cohesión social, puesto que éste, al requerir una adhesión de tipo cívico, puede ser abrazado desde cualquier forma de vida particular, además de contemplar el importante papel de la sociedad civil a la hora de dar forma a sus principios a través del Derecho. (shrink)

Critiques of Western feminists’ attempts to extend claims about gender injustice to the global context highlighted a dilemma facing Western feminists, what I call the global gender justice dilemma. In response to this dilemma, Alison M. Jaggar argues that Western feminists should turn our attention away from trying to resolve it and, instead, toward examination of our own complicity in the processes that produce injustice. I suggest that this kind of approach is helpful in responding to an additional dilemma that (...) confronts the Western feminist, namely the epistemic dilemma. Western feminists can speak for women of the global South and run the risk of distorting those women’s experience and further silencing their voices, or we can refuse to speak and abdicate our responsibilities to address injustice. I argue that we should address this dilemma not by trying to resolve it but by examining our role in the reproduction of epistemically unjust practices. To explain this response, I offer a preliminary account of epistemic injustice as epistemic oppression. I conclude by claiming that our own epistemic complicity in epistemically oppressive social practices is a weighty reason for us to work to transform those practices. (shrink)