Ethno‐cultural minority rights have been regarded as a part of human rights since the last decade of the twentieth century. These rights are often formulated in predominantly culturalist terms. Citing the importance of culture in the lives of members, they are conceptualized as tools for protecting the distinct identity of minority cultures. This paper claims that this way of formulating minority rights is to portray minority communities as if they were not concerned with the pathologies of modern democracies, such as (...) the increasing marginalization of citizens from democratic life, far‐right populism, and the subordination of democracy into the functional requirements of economy. Accordingly, it argues for a theory of minority rights that formulates these rights as tools for protecting democracy against such pathologies. In doing so, it takes its point of departure from Jürgen Habermas’s communicative action theory and his understanding of democracy and public autonomy. (shrink)

Over the past 15 years, a great deal of efforts have been done by political philosophers to make liberal political theory more sensitive to the importance culture has for individuals, and to think about how to translate this importance into laws and policies, in particular those affecting cultural and national minorities. However, one of the outstanding issues is whether and how an appropriate account of the worth of culture can be provided from a liberal point of view. The most important (...) and currently discussed liberal defence of the worth of culture is probably expressed in Will Kymlicka's theory of minority rights. Such a defence argues for the instrumental role culture plays in people's ability to make meaningful choices and lead a self-directed existence. This paper seeks to show that Kymlicka's instrumental account of the worth of cultures is non-viable, and that a liberal conception of culture viewed as intrinsically valuable is indispensable. While each of them recognizes individual autonomy as an intrinsically valuable good, it is demonstrated that both differ not only as to the role culture has to play in a self-directed existence, but also as to why cultures deserve to be protected and as to their policies towards non-liberal minority cultures. (shrink)

Over the past 15 years, a great deal of efforts have been done by political philosophers to make liberal political theory more sensitive to the importance culture has for individuals, and to think about how to translate this importance into laws and policies, in particular those affecting cultural and national minorities. However, one of the outstanding issues is whether and how an appropriate account of the worth of culture can be provided from a liberal point of view. The most important (...) and currently discussed liberal defence of the worth of culture is probably expressed in Will Kymlicka's theory of minority rights. Such a defence argues for the instrumental role culture plays in people's ability to make meaningful choices and lead a self-directed existence. This paper seeks to show that Kymlicka's instrumental account of the worth of cultures is non-viable, and that a liberal conception of culture viewed as intrinsically valuable is indispensable. While each of them recognizes individual autonomy as an intrinsically valuable good, it is demonstrated that both differ not only as to the role culture has to play in a self-directed existence, but also as to why cultures deserve to be protected and as to their policies towards non-liberal minority cultures. (shrink)

Over the past 15 years, a great deal of efforts have been done by political philosophers to make liberal political theory more sensitive to the importance culture has for individuals, and to think about how to translate this importance into laws and policies, in particular those affecting cultural and national minorities. However, one of the outstanding issues is whether and how an appropriate account of the worth of culture can be provided from a liberal point of view. The most important (...) and currently discussed liberal defence of the worth of culture is probably expressed in Will Kymlicka's theory of minority rights. Such a defence argues for the instrumental role culture plays in people's ability to make meaningful choices and lead a self-directed existence. This paper seeks to show that Kymlicka's instrumental account of the worth of cultures is non-viable, and that a liberal conception of culture viewed as intrinsically valuable is indispensable. While each of them recognizes individual autonomy as an intrinsically valuable good, it is demonstrated that both differ not only as to the role culture has to play in a self-directed existence, but also as to why cultures deserve to be protected and as to their policies towards non-liberal minority cultures. (shrink)

An examination of case law on forced marriage reveals that in addition to physical force, the role of emotional pressure is now taken into consideration. However, in both legal and policy discourse, the difference between arranged and forced marriage continues to be framed in binary terms and hinges on the concept of consent: the context in which consent is constructed largely remains unexplored. By examining the socio-cultural construction of personhood, especially womanhood, and the intersecting structural inequalities that constrain particular groups (...) of South Asian women in the UK, we argue that consent and coercion in relation to marriage can be better understood as two ends of a continuum, between which lie degrees of socio-cultural expectation, control, persuasion, pressure, threat and force. Women who face these constraints exercise their agency in complex and contradictory ways that are not always recognised by the existing exit-centred state initiatives designed to tackle this problem. (shrink)

In this book I argue that school integration is not a proxy for educational justice. I demonstrate that the evidence consistently shows the opposite is more typically the case. I then articulate and defend the idea of voluntary separation, which describes the effort to redefine, reclaim and redirect what it means to educate under preexisting conditions of segregation. In doing so, I further demonstrate how voluntary separation is consistent with the liberal democratic requirements of equality and citizenship. The position I (...) defend is not opposed to integration but rather is a justified response to the daily experience of frustration and disappointment with a system that has failed members of marginalized groups for too long. I argue that most voluntary separation experiments in education, far from being motivated by a sense of racial, cultural or religious exclusion, are in fact driven among other things by a desire for a quality education, not to mention community membership and self respect. As such, voluntary separation represents a morally robust pragmatic strategy that is able to answer liberal challenges concerning involuntary stratification, ethnocentrism and democratic deliberation. (shrink)