Political theory is contextualist when factual claims about context are part of the justification of normative political judgments. There are different kinds of contextualism depending on whether context is relevant for the formulation and justification of political principles, whether principles themselves are contextually specific, or whether context is only relevant for the application of principles. An important challenge to contextualism is the problem of critical distance: how can theories ensure a critical perspective if facts about the context to be evaluated (...) are also part of the justification for the normative judgments? Tariq Modood and Simon Thompson have defended what they call iterative contextualism, which combines elements of all three kinds of contextualism in an attempt to avoid the problem of critical distance. The present paper discusses Modood and Thompson’s iterative contextualism and whether it manages to avoid the problem of critical distance. (shrink)

Many political theorists of multiculturalism describe their theories as “contextualist.” But it is unclear what “contextualism” means and what difference it makes for political theory. I use a specific prominent example of a multiculturalist discussion, namely Tariq Modood’s argument about “moderate secularism,” as a test case and distinguish between different senses of contextualism. I discuss whether the claim that political theory is contextual in each sense is novel and interesting, and whether contextualism is a distinct feature of political theory of (...) multiculturalism. I argue that the forms of contextualism which concern the scope and methodology of political theory are sensible, but not novel or distinctive of multiculturalism. I then discuss the more controversial forms of contextualism, which I call political and theoretical contextualism. Finally, I apply the distinctions to Modood’s argument. I argue that it is not a form of theoretical contextualism and that theoretical contextualism would in fact undermine arguments for multiculturalist policies of accommodation. (shrink)

It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend to result either (...) in fairly strong cases for open borders or in denials that considerations of justice apply to immigration at all, which results in state discretion positions. This state of debate is both theoretically unsatisfactory and normatively implausible. The paper therefore explores an alternative approach to the right to exclude immigrants from the perspective of recent debates about the territorial rights of states. The right to exclude claimed by states is analysed and it is shown to differ both conceptually and normatively from rights to impose political authority within a territory. The paper finally indicates how this analysis might broaden the focus of debates about immigration and suggest alternative regimes of migration regulation the possibility of which is obscured by traditional justice approaches. (shrink)

Liberals conceive of territorial rights as dependent on the legitimacy of the state, which is in turn understood in terms of the state’s protection of individual rights and freedoms. Such justifications of territorial rights have difficulties in addressing the right to control immigration, which is therefore in need of additional justification. The paper considers Christopher Heath Wellman’s liberal proposal for justifying the right to control immigration, which understands the right as derivative of a general right to freedom of association held (...) collectively by the people of the state. The paper argues that state legitimacy and freedom of political association fail to connect in the way required to justify a right to control immigration. Wellman’s argument conflates the state as an institution and the people as a political collective and elides the difference between territorial jurisdiction and associational freedom. (shrink)

Many contributions to the philosophical debate about conceptual and normative issues raised by the refugee crisis fail to take properly account of the difference between ideal and nonideal theory. This makes several otherwise interesting and apparently plausible contributions to the philosophy of the refugee crisis problematic. They are problematic in the sense that they mix up ideal and nonideal aspirations and assumptions in an incoherent way undermining the proposed views. Two examples of this problem are discussed. The first example is (...) David Miller’s contribution to the conceptual debate about how we should understand refugeehood. The second example is a common argument from the normative debate about how states should discharge their duties to help refugees, namely the claim that states should help in neighboring countries rather than by taking in more asylum seekers. Both are examples of arguments about how we should understand or respond to the refugee crisis, which appear to offer coherent principles for the moral guidance of political actors but which are actually incoherent as principles of practical reasoning for the context they aim to address. (shrink)

Toleration and respect are types of relations between different agents. The standard analyses of toleration and respect are attitudinal; toleration and respect require subjects to have appropriate types of attitudes towards the objects of toleration or respect. The paper investigates whether states can sensibly be described as tolerant or respectful in ways theoretically relevantly similar to the standard analyses. This is a descriptive question about the applicability of concepts rather than a normative question about whether, when and why states should (...) be tolerant or respectful. The problem of institutional application is that institutions in general and the state in particular arguably cannot have attitudes of the required kind. This problem is distinct from, and broader than, well-known problems about whether political toleration is normatively legitimate. To make sense of political toleration or respect, the paper proposes that the analysis of institutional toleration and respect should not be solely agent-centred or patient-centred. The analysis should also include features about the relation itself. We can describe institutions as tolerant or respectful in a sense relevantly similar to the standard analyses if we focus on the public features of the relation between institutions and citizens or groups, without ascribing attitudes in the problematic sense. (shrink)

Multiculturalist theories of recognition consist of explanatory-descriptive social theoretical accounts of the position of the minorities whose predicaments the theories seek to address, together with normative principles generating political implications. Although theories of recognition are often based on illiberal principles or couched in illiberal-sounding language, it is possible to combine proper liberal principles with the kind of social theoretical accounts of minority groups highlighted in multiculturalism. The importance of ‘the social bases of self-respect’ in Rawls’s political liberalism is used to (...) illustrate how a liberal theory of recognition might be constructed, and it is argued that such a theory can capture some, though not all, of the concerns of multiculturalism, even though the resulting ‘politics of recognition’ is neither a ‘politics of difference’ nor a kind of ‘identity politics’. (shrink)

Arguments from stability for liberal nationalism rely on considerations about conditions for the feasibility or stability of liberal political ideals and factual claims about the circumstances under which these conditions are fulfilled in order to argue for nationalist conclusions. Such reliance on factual claims has been criticised by among others G. A. Cohen in other contexts as ideological reifications of social reality. In order to assess whether arguments from stability within liberal nationalism, especially as formulated by David Miller, are vulnerable (...) to a comparable critique, the rationale for their reliance on factual claims is discussed on the basis of a number of concerns in John Rawls’s political liberalism. The concern with stability in liberal nationalism differs from stability in Rawls’s work, mainly because of the stronger non-ideal or ‘realist’ focus of the former. In so far as the ‘realism’ of arguments from stability for liberal nationalism is recognized, they are not vulnerable to the reification charge. But if the arguments are construed as realist, this at the same time makes for other tensions within liberal nationalism. (shrink)

Toleration classically denotes a relation between two agents that is characterised by three components: objection, power, and acceptance overriding the objection. Against recent claims that classical toleration is not applicable in liberal democracies and that toleration must therefore either be understood purely attitudinally or purely politically, we argue that the components of classical toleration are crucial elements of contemporary cases of minority accommodation. The concept of toleration is applicable to, and is an important element of descriptions of such cases, provided (...) that one views them as wholes, rather than as sets of isolated relations. We explain this by showing how certain cases of toleration are multi-dimensional and how the descriptive concept of toleration might be understood intersectionally. We exemplify this by drawing on case studies of mosque controversies in Germany and Denmark. Finally, we propose that intersectionality is not only relevant to the descriptive concept of toleration but also captures an important aspect of normative theories of toleration. We illustrate this by discussing ideals of respect-based toleration, which we also apply to the case studies. (shrink)

The right to religious liberty as for instance set out in the European Convention of Human Rights protects acts of religious observance. Such protection can clash with other considerations, including laws aimed at protecting other state interests. Religious freedom therefore requires an account of when the right should lead to exemptions from other laws and when the right can legitimately be limited. Alan Patten has proposed a Fair Opportunity view of the normative logic of religious liberty. But Patten’s view faces (...) several problems. The normative work in his view is mainly done by added accounts of reasonable claims and of justifiability. So, the Fair Opportunity view in itself does not provide a normative criterion. Defenses of the Fair Opportunity view must therefore turn on the theoretical preferability of its structural features. But the Fair Opportunity view has the wrong form to capture the right to freedom of religion. The form of the right to freedom of religion is due to how its point is to address how states limit the liberty of citizens. Given a practice dependent approach, which assigns importance to the point and purpose of the right to freedom of religion, Patten’s theory is thus problematic. (shrink)

Recognition and toleration are ways of relating to the diversity characteristic of multicultural societies. The article concerns the possible meanings of toleration and recognition, and the conflict that is often claimed to exist between these two approaches to diversity. Different forms or interpretations of recognition and toleration are considered, confusing and problematic uses of the terms are noted, and the compatibility of toleration and recognition is discussed. The article argues that there is a range of legitimate and importantly different conceptions (...) of both toleration and recognition that are often not clearly distinguished, and that compatibility varies across this range and depending on what one considers the conceptions in relation to. (shrink)

Anna Elisabetta Galeotti’s theory of ‘toleration as recognition’ has been criticised by Peter Jones for being conceptually incoherent, since liberal toleration presupposes a negative attitude to differences, whereas multicultural recognition requires positive affirmation hereof. The paper spells out Galeotti’s justification for recognition as a requirement of liberal justice in detail and asks in what sense the policies supported by Galeotti are policies of recognition. It is argued that Jones misrepresents Galeotti’s theory, insofar as this sense of recognition actually is compatible (...) with liberal toleration. This does not prove Jones’s criticism to be wrong, since the justification may have implications unacknowledged by Galeotti, which might be liberally problematic. The paper considers this problem and possible ways of responding to it, but concludes that Galeotti’s theory is incomplete in respects that need to be filled out in order to secure compatibility with liberalism, and that this may prove problematic. (shrink)

abstract David Miller's recent statement of the case for restrictive immigration policies can plausibly be construed as an application of a ‘liberal nationalist’ position. The paper first addresses Miller's critique of distributive justice arguments for open borders, which relies on nationality as determinative of the scope of distributive justice and as giving rise to national collective responsibility. Three interpretations of his main positive reason for restricting immigration, which concerns the importance of a shared public culture, are then discussed: culture as (...) having valuable social functions, as a context of choice, and as an object of self‐determination. The paper assesses the plausibility of Miller's nationalist arguments, and concludes that they are either implausible or peculiarly weak compared to other considerations in favour of restrictions. Several of the arguments may alternatively be construed as non‐nationalist, and it is argued that Miller's arguments are more plausible when considered as such. The broader implication is that, even if the concern with nationality is relevant and legitimate in other areas of politics, it is, perhaps surprisingly, either inappropriate or insignificant in relation to immigration policy. (shrink)

In the summer of 2014, the European Court of Human Rights ruled that the French 2010 law banning face-covering clothing in public spaces, the so-called burqa ban, did not violate the right to freedom of religion. Due to the ‘wide margin of appreciation’, the Court deemed the ban proportionate to the French state’s legitimate aim with the ban of preserving the conditions of ‘living together’. The paper analyses and provides an internal criticism of the Court’s justification for this judgement focusing (...) on the aim of living together and the right to freedom of religion. The Court’s justification presupposes that there is a justification for the ban in terms of the aim of living together, this is a legitimate aim and the ban is a proportional means of pursuing this aim. The paper analyses the Court’s justification and argues that it fails to substantiate all three conditions. (shrink)

During the Danish cartoons controversy in 2005–2006, a group of ambassadors to Denmark representing eleven predominantly Muslim countries requested a meeting with the Danish Prime Minister, Anders Fogh Rasmussen, to protest against the cartoons. Rasmussen interpreted their viewpoint as one of demanding limits to freedom of speech and he ignored their request for a meeting. Drawing on this case study, the article argues that it is an appropriate, and potentially effective, moral criticism of anyone who is in a position of (...) political power—taking into account reasonable constraints of feasibility and practicality—that they have refused to receive information, ideas, or opinions from individuals, or their representatives, with dissenting viewpoints. The article also articulates one possible theoretical ground for such a moral criticism: that they could be violating a fundamental moral right of people to submit information, ideas, or opinions to those who wield power over them and to be meaningfully heard—a right which can span state borders. (shrink)

The original version of this article unfortunately contained an error. In pages 7 and 8, the reference citation “Lægaard 2016: 13-14” must not be included in the quote.

This paper sketches some developments in the discussion of liberal nationalism since the early 1990s and proposes a generic understanding of nationalism according to which its main feature is the act of sorting people into members and non-members of the nation with a view to regulating access to political goods linked to the state. One discussion of liberal nationalism that has recently received renewed attention is the relation between nationalism and multiculturalism. Liberal nationalism sees nationalism as a response to increased (...) diversity and involves normative demands on nationalism for accommodating this diversity. In light of the proposed generic understanding of nationalism, the question arises whether such a liberal nationalism is coherent. This question requires us to distinguish between a substantive and a performative perspective on nationalism, raising the possibility that liberal nationalism can be substantively coherent but performatively incoherent. (shrink)

This chapter contains sections titled: Introduction Toleration, Recognition and Respect Toleration and Recognition in Tension Aspects of Recognition and Toleration Acts of Toleration Acts of Recognition (In)compatibility Revisited Conclusion References.

The paper concerns the specific transnational aspects of the ‘cartoons controversy’ over the publication of 12 drawings of the Prophet Muhammad in the Danish newspaper Jyllands-Posten. Transnationalism denotes the relationships that are not international or domestic. The paper considers whether the specifically transnational aspects of the controversy are normatively significant, that is, whether transnationalism makes a difference for the applicability or strength of normative considerations concerning publications such as the Danish cartoons. It is argued that, although some of the usual (...) arguments about free speech only or mainly apply domestically, many also apply transnationally; that standard arguments for multicultural recognition are difficult to apply transnationally; and that requirements of respect may have problematic implications if applied to transnational relationships. Keywords: civility; Muhammad cartoons; freedom of speech; global civil society; multicultural recognition; respect; transnational relations Citation: Ethics & Global Politics, Vol. 3, No. 2, 2010, pp. 101-121. DOI: 10.3402/egp.v3i2.1977. (shrink)