Postcolonial Liberalism presents a compelling account of the challenges to liberal political theory by claims to cultural and political autonomy and land rights made by indigenous peoples today. It also confronts the sensitive issue of how liberalism has been used to justify and legitimate colonialism. Ivison argues that there is a pressing need to re-shape liberal thought to become more receptive to indigenous aspirations and modes of being. What is distinctive about the book is the middle way it charts between (...) separatism, on the one hand, and assimilation, on the other. These two options present a false dichotomy as to what might constitute a genuinely postcolonial liberal society. In defending this ideal, the book addresses important recent debates over the nature of public reason, justice in multicultural and multinational societies, collective responsibility for the past, and clashes between individual and group rights. (shrink)

This article examines the concept of historical injustice in the context of contemporary political theory. It examines the moral consequences of historical injustice for the descendants of both the perpetrators and the victims and outlines the six questions that any plausible defence of the idea of making reparations for past injustices must deal with. It suggests that taking historical injustice seriously is compatible with moral cosmopolitanism and it also helps with the understanding the nature of various kinds of inequalities that (...) persist today. (shrink)

Trust is a crucial condition for the legitimacy and effectiveness of democratic institutions in conditions of deep diversity and enduring injustices. Liberal democratic societies require forms of engagement and deliberation that require trustful relations between citizens: trust is a necessary condition for securing and sustaining just institutions and practices. Establishing trust is hard when there is a lingering suspicion that the institutions citizens are subject to are illegitimate or undermine their ability to participate and deliberate on equal terms. The promise (...) of participation, the appeal to deliberation and inclusion, in other words, is experienced as a form of bad faith. In this paper, I offer four conditions required for democratic trust and discuss them in relation to a series of examples of both democratic mistrust and attempts at rebuilding trust. (shrink)

The language of rights pervades modern social and political discourse and yet there is deep disagreement amongst citizens, politicians and philosophers about just what they mean. Who has them? Who should have them? Who can claim them? What are the grounds upon which they can be claimed? How are they related to other important moral and political values such as community, virtue, autonomy, democracy and social justice? In this book, Duncan Ivison offers a unique and accessible integration of, and introduction (...) to, the history and philosophy of rights. He focuses especially on the politics of rights: the fact that rights have always been, and will remain, deeply contested. He discusses not only the historical contexts in which some of the leading philosophers of rights formed their arguments, but also the moral and logical issues they raise for thinking about the nature of rights more generally. At each step, Ivison also considers various deep criticisms of rights, including those made by communitarian, feminist, Marxist and postmodern critics. The book is aimed at students and readers coming to these issues for the first time, but also at more knowledgeable readers looking for a distinctive integration of history and theory as applied to questions about the nature of rights today. (shrink)

What does the 'colonialist' reading of Locke's political theory suggest about the relationship between liberalism and colonialism in general, as well as the pre-history of liberalism in particular?

This challenging book focuses on the problem of justice for indigenous peoples – in philosophical, legal, cultural and political contexts – and the ways in which this problem poses key questions for political theory. It includes chapters by leading political theorists and indigenous scholars from Australia, Aotearoa/New Zealand, Canada and the United States. One of the strengths of this book is the manner in which it shows how the different historical circumstances of colonisation in these countries raise common problems and (...) questions for contemporary political theory. It examines ways in which political theory has contributed to the past subjugation and continuing disadvantage faced by indigenous peoples, while also seeking to identify resources in contemporary political thought that can assist the ongoing processes of 'decolonisation' of relations between indigenous and non-indigenous peoples. (shrink)

The very idea of republican human rights, seems paradoxical. My aim in this article is to explore this disjunctive conjunction. One of the distinctive features of republican discourse, both in its civic humanist and neo-Roman variants, is the secondary status that rights are supposed to play in politics. Although the language of rights is not incommensurable with republican political thought, it is supposed to know its place. What can republican categories of political understanding offer for grappling with the challenges of (...) global politics? Many philosophical expressions of human rights today are Kantian or neo-Kantian in inspiration, and as a result they are plagued by the familiar difficulties raised by Kantian approaches to politics in general. In particular, the growing prominence of human rights discourse has led to withering attacks on the appeal to human rights without any effective means of enforcement. Does republicanism offer any resources for rethinking human rights, and in particular, addressing the concern with the often moralistic and depoliticizing nature of human rights talk today? What conception of human rights best promotes freedom as non-domination? Are our practices of human rights effective instruments for minimizing domination? (shrink)

Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political legitimacy are through (...) the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. (shrink)

What would it mean to have a suitably ‘realistic’ account of political liberty? On the one hand, I don’t think we can properly understand liberty without an underlying account of personhood or agency.2 In making sense of liberty, we need to ask: What kind of agency does it presuppose or promote? What kind of independence do we care most about? What does it mean to exercise control, or to be self-guiding, in the kind of world we live in today? At (...) the same time, a conception of moral and political personhood needs to be appropriately ‘realistic’: It shouldn’t be over-idealized (or over-simplified), nor demand more than can be reasonably expected, given the kind of creatures we are. (shrink)

There have been two distinctive aspects to James Tully’s approach to the study of imperialism over the years, and both are put to work in these remarkable volumes. The first is his belief in two seemingly contradictory claims: (i) that imperialism is much more pervasive than usually thought (conceptually, historically and practically); and yet (ii) that there are many more forms of resistance to it than usually appreciated. (Part of a symposium in Political Theory on James Tully's 'Public Philosophy in (...) a New Key'). (shrink)

The debate over the constitutional recognition of Indigenous peoples is a deeply political one. That might appear to be a controversial claim. After all, there has been much talk about minimising the scope for disagreement between ‘constitutional conservatives’ and supporters of more expansive constitutional recognition. And there is concern to ensure that any potential referendum enjoys the maximum conditions and opportunity for success. However, my argument shall be that any form of constitutional recognition of Australia’s First Peoples needs to be (...) seen as part of an ongoing transformation in the relations between Indigenous peoples and the Australian state. (shrink)

The Ashgate Research Companion to Multiculturalism brings together a collection of new essays by leading and emerging scholars in the humanities and social sciences on some of the key issues facing multiculturalism today. It provides a comprehensive and cutting-edge treatment of this important and hotly contested field, offering scholars and students a clear account of the leading theories and critiques of multiculturalism that have developed over the past twenty-five years, as well as a sense of the challenges facing multiculturalism in (...) the future. Key leading scholars, including James Bohman, Barbara Arneil, Avigail Eisenberg, Ghassan Hage, and Paul Patton, discuss multiculturalism in different cultural and national contexts and across a range of disciplinary approaches. In addition to contributions, Duncan Ivison also provides a comprehensive Introduction which surveys the field and offers an extensive guide to further reading. (shrink)

My claim in this paper is that what I shall call the problem of public reason became central to the political theory of the early modern period, and continues to be in ours. However the solutions we have, for the most part, inherited and developed since then are increasingly under pressure in these fractious times. Public justification may be crucial to liberal political theory, but it can take alternative and conflicting forms. Moreover, however much it is theoretically unlimited -- however (...) much ‘reasons for us’ are always contestable and defeasible -- it is always at the same time historically patterned and thus limited. (shrink)

First published in the International Encyclopaedia of Social and Behavioural Sciences (Pergamon Press, 2001); reprinted in the 2nd edition (2015). An overview of different justifications of multiculturalism in contemporary political theory, as well as various challenges to and critiques of those arguments.

In a world no longer centered on the West, what should political theory become? Although Western intellectual traditions continue to dominate academic journals and course syllabi in political theory, up-and-coming contributions of “comparative political theory” are rapidly transforming the field. Deparochializing Political Theory creates a space for conversation among leading scholars who differ widely in their approaches to political theory. These scholars converge on the belief that we bear a collective responsibility to engage and support the transformation of political theory. (...) In these exchanges, “deparochializing” political theory emerges as an intellectual, educational, and political practice that cuts across methodological approaches. Because it is also an intergenerational project, this book presses us to reimagine our teaching and curriculum design. Bearing the marks of its beginnings in East Asia, Deparochializing Political Theory seeks to decenter Western thought and explore the evolving tasks of political theory in an age of global modernity. (shrink)

The problem of historical injustice presents a deep challenge to the aspirations of deliberative democrats, especially to those “deliberative activists” who seek to advance deliberation in deeply unjust circumstances (Fung 2005, 399). But the debate over historical injustice can itself benefi t from taking a “democratic turn.” Much of the literature is dominated by arguments over historical entitlement theories of justice or by a legalistic focus on the possibilities for compensation and reparation.1 That much of it is deeply skeptical as (...) well is no surprise given that focus. But what is striking about actual debates over historical injustice in the world today is their intensely political character, and this character needs to be theorized much more explicitly when thinking about the nature and consequences of historical injustice. One crucial aspect of political disagreement, as opposed to moral disagreement, is that it is not just the force of good reasons that is at issue but also the application of force itself, especially by the state. The conclusion of a political deliberation does not necessarily indicate that the other side is.. (shrink)

My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how early-modern political (...) theorists struggled with the extension and application of natural rights to the ‘New World’, we may learn something about our own struggles to extend human rights beyond the boundaries of the state system of which Grotius, Hobbes, Locke and Vattel were among the key intellectual architects. For Richard Tuck, the autonomous rights-bearing agent at the heart of liberal individualism is a product of seventeenth-century theorizing about the nature of the autonomous state acting in the international sphere. The sovereign individual is the ‘traditional cousin of the sovereign state’, argues Tuck, and especially the aggressive, violent, and minimally constrained relative described by Hugo Grotius, Thomas Hobbes, John Locke and Emer de Vattel. Thus the connection between liberalism and imperialism, on this reading, is not merely chronological or historical but metaphysical. The analogy between the sovereign state and the sovereign individual acting on the basis of their natural rights, constrained by the recognition of the basic rights of others (but not much more than that) represents an influential vision of liberal freedom. This minimalist account of freedom represents only one vision, however, and Tuck’s account of the pre-history of liberal rights has to be balanced against other conceptions, including more emancipatory ones. (shrink)

Recent political theory has attempted to unbundle demos and ethnos, and thus citizenship from national identity. There are two possible ways to meet this challenge: by taming the relationship between citizenship and the nation, for example, by defending a form of liberal multicultural nationalism, or by transcending it with a postnational, cosmopolitan conception of citizenship. Both strategies run up against the boundedness of democratic authority. In this paper, I argue that Shachar adresses this issue in an innovative way, but remains (...) ultimately trapped by it. My argument has two parts. In the first one, I look at the analogy between property and citizenship on which Shachar rely to justify the obligations of wealthy states towards the global poor. I suggest that it does not work well to explain the rarity of citizenship and that the idea of taxing its value at the global level, however intuitive in liberal theory on property, could yield unexpected and non-liberal consequences. Nevertheless I also assess its merits. In the second part, I suggest that Shachar’s claim that her argument generates a legal obligation toward the global poor is not binding. It could only be so with the kind of cosmopolitan political institutions that she eschews. Thus we return where we begin. (shrink)

An exploration of RA Duff's 'communicative theory of punishment' in contexts of deep legal and cultural pluralism.

A philosophical genealogy of the development of liberal 'arts of government' through the work of John Locke and Michel Foucault.

Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular conceptions (...) of the rule of law affect Aboriginal claims? Can a distinctive body of Aboriginal law survive in a liberal constitutional state already constituted in part by regulative ideals of the rule of law? (shrink)

Moralism is a frequent charge in politics, and especially in relation to the ‘politics of recognition’. In this essay, I identify three types of moralism — undue abstraction, unjustified moralism and impotent moralism — and then discuss each in relation to recent debates over multiculturalism in liberal political theory. Each of these forms of moralism has featured in interesting ways in recent criticisms of the political theory and public policy of multiculturalism. By ‘multiculturalism’ I mean, broadly speaking, the pursuit of (...) group‐differentiated public policies that move beyond the protection of basic individual civil and political rights. Here the charge is not so much that moral judgments have no application in relation to the treatment of cultural and associational minorities, but that the moral claims of defenders of multiculturalism are: appealed to without any sense of the practical realities on the ground ; asserted as if they were self‐evidently true ; which often results in a stifling of reasoned criticism of the orthodoxy surrounding multiculturalism. I assess these charges in the course of defending the democratic character of the most plausible forms of multicultural accommodation in liberal democratic societies. (shrink)

In Foundations of Modern International Thought, David Armitage provides a genealogy of the multiple foundations of international political thought. But he also enables political theorists to reflect on the nature of the pluralisation of our concepts: that is, the way various components come together in particular circumstances to form a concept that either becomes dominant or is rendered to the margins. Armitage claims that concepts can ‘never entirely escape their origins’. In this paper I explore this claim from the perspective (...) of contemporary debates about the nature of cosmopolitan political thought. (shrink)

There are two kinds of resentment relevant to the politics of multiculturalism today. 1 The first, which is basically Nietzsche’s conception of ressentiment, occurs under conditions in which people are subject to systematic and structural deprivation of things they want (and need), combined with a sense of powerlessness about being able to do anything about it. It manifests itself in terms of a focused anger or hatred towards that group of people who seem to have everything they want, and yet (...) also symbolize their powerlessness to get it. For Nietzsche, of course, it was out of this set of emotions and psychological state of mind that the ‘slave revolt’ that gave birth to modern morality emerged, supplanting the aristocratic values oriented around good and bad with the reactive and slavish values of those oriented around good and evil (Nietzsche 1989: 36- 39). The desire to lash out or take revenge against those who you perceive as keeping you down, keeping you from enjoying all the benefits and advantages others enjoy and that you want or feel you deserve, for Nietzsche, is a basic emotional orientation that can – in combination with other complex forces - reshape an entire culture. A second form of resentment is of a more moralized kind; a reactive sentiment bound up with holding another morally accountable for their actions. I resent your curtailment of my liberty, for example, just because I believe we share certain moral commitments – for example, a.. (shrink)

Why is it that we respond to one form of human suffering rather than another? If we are all human beings, and thus are all capable of imagining—if only imperfectly—the pain and suffering caused by wars, famines, bombings, floods, accidents and other instances of human misery, then why should it matter if it happens to people who look like us or talk like us? Or who happen to live here rather than somewhere else? Immanuel Kant, in his amazingly prescient 1796 (...) essay on ‘Perpetual Peace’, suggested that the moral possibilities of what we today call globalisation would only be realised when ‘the violation of rights in one part of the world is felt everywhere’ (Kant 1991, pp. 107–8). How close to this ideal are we today? (shrink)

The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He examines how the claims (...) made by these movements challenge liberal conceptions of the state, rights, political community, identity and legitimacy. Interweaving a lucid introduction to the debates with his own original argument, he contends that we need to move beyond complaints about the ‘politics of identity’ and towards a more historically and theoretically nuanced liberalism better suited to our times. This book will be a key resource for students and scholars interested in political theory, historic injustice, Indigenous studies and the history of political thought. (shrink)

The central task of this book is to map a subtle but significant addition to the political discourse on liberty since the early modern period; a gradual shift of focus form the individual secure in spheres of non-interference, or acting in accordance with authentic desires and beliefs, to the actions of a self at liberty. Being free stands opposed, classically, to being in someone else’s power, being subject to the will of another – in particular, to being constrained by the (...) intentional actions of others. “Constrained” usually means having choices or opportunities taken away or limited by the designs of others. But what if we press the connection between intentions and constraints a bit further, focusing less on negative constraints and more on enabling ones? Constrained or unfree, that is, not simply through a limitation of choices or options, but where free choices and intentions themselves become the object of theoretical and practical attention. What does it mean to be free or unfree in relation to these kinds of “constraints”? (shrink)

That consent could wholly explain – either descriptively or normatively – the legitimacy of the structure of political community and it’s most important and influential institutions and practices is deeply implausible. There are two general sorts of considerations adduced against such a proposition. First, history simply refutes it: force is an essential feature of the founding of any political society, and arguably, for its continued existence, and power relations, in all their complexity, are imperfectly tracked by consent. Moreover, there are (...) deep questions about what people are actually consenting to, given the plurality and changing nature of political collectivities over time. Second, in modern societies (perhaps in just any complex human society) our conduct is shaped and governed in so many ways so as to influence not only the options we have, but also the interests, desires and capabilities constitutive of our ability to act in relation to them in the first place. This undermines any easy connection between the presence of consent and my being free. A familiar conundrum for consent as a standard of legitimacy is that if it means literally that individual consent is required for non-arbitrariness in public decision-making, then public decision-making – indeed almost any form of collective action –becomes almost impossible. If only tacit or implicit consent is required, then we can find it everywhere, and thus nowhere, and the standard is empty. (shrink)

If you asked me a few years ago ‘what is postcolonial liberalism?’, I’d have said ‘an oxymoron’. As an undergraduate, I thought liberalism was a dirty word. The idea that it could accommodate the aspirations of those who would challenge colonial authority, authority that called itself liberal, seemed naïve. As I have begun researching indigenous political movements, and their responses to democratic theory, I have been surprised to discover that people who call themselves liberals have been some of those most (...) responsive to the challenges these movements pose. Aside from confronting my prejudices about liberalism as a political doctrine, my research has brought to my attention the importance of democratic participation in organising just societies. I am becoming more convinced that democracy, rather than equality or freedom, should be the watchword of progressive politics. Of course democracy presupposes a measure of equality and freedom, but it is more than either of these taken alone. (shrink)

A review essay on Russell Hardin’s *One For All* and James Tully’s *Strange Multiplicity*.

According to an essentially Hobbesian account of political order, the claims of cultural and national minorities within a state to some form of constitutional or institutional recognition are morally suspect and politically undesirable. Underlying this Hobbesian logic is a particular understanding of the relation between law and politics. `Negative constitutionalism' is focused primarily on limiting the damage government can do. However the pursuit of constitutional minimalism runs up against the challenges presented by deeply diverse political communities. By investigating the manner (...) in which Hobbes has been invoked in arguments concerning the relation between the rule of law and the `politics of recognition', I argue (i) that the distinction between the rule of law and politics is fundamentally unstable, and (ii) that in invoking Hobbes, modern theorists have missed an important element of Hobbes's own argument ± namely, his appreciation of this instability. As an example, I examine the way Hobbes is used in some of John Gray's recent writings on pluralism and liberalism. (shrink)

Are there any Aboriginal rights? If there are, then what kind of rights are they? Are they human rights adapted and shaped to the circumstances of indigenous peoples? Or are they specific cultural rights, exclusive to members of Aboriginal societies? In recent liberal political theory, aboriginal rights are often conceived of as cultural rights and thus as group rights. As a result, they are vulnerable to at least three kinds of objections: i) that culture is not a primary good relevant (...) to the currency of egalitarian justice; ii) that group rights are inimical to the moral individualism of liberal democratic societies; and iii) that pandering to group interests provides incentives for abuse and undermines the conditions required for promoting liberal egalitarian outcomes. My argument is that a successful defense of aboriginal rights will tie them to the promotion of the equal freedom of Aboriginal people, both in the formal and substantive senses, and thus to improvements in their actual wellbeing, both as ‘peoples’ and individuals. But rights and norms interact in complex ways, and the translation of particular individual and social goods into the language of rights is always fraught with difficulty. (shrink)