Article: The article examines the idea of multiculturalism in contemporary political philosophy. It considers the variety of justifications for multiculturalism, including communitarian, liberal egalitarian, anti-domination, and historical injustice arguments. It then surveys a number of critiques of multiculturalism. It concludes by discussing concerns about political backlash and retreat from multiculturalism in the Western liberal democratic countries.
Justice, Gender, and the Politics of Multiculturalism
Publisher’s Note: Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the ‘cultural defense’ in criminal law, aboriginal membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue.
Restricting Justice: Political Interventions in the Home and in the Market
Abstract: Liberal theorists of justice like John Rawls have long maintained that a theory of justice should apply primarily to the institutional mechanisms of society, and only derivatively to the behavior of individuals within institutions. Institutions of taxation, for example, may be just or unjust by the lights of a theory of justice, but such a theory should deem the behavior of individuals unjust only insofar as that behavior undermines just institutions. As Rawls puts it, ‘we are to comply with and to do our share in just institutions when they exist and apply to us, [and] we are to assist in the establishment of just arrangements when they do not exist.’1 Critics of this restricted conception of justice (hereafter RCJ) argue that a theory of justice should judge individual behavior directly, even when that behavior complies with just institutions. These critics have tended to focus on two kinds of behavior that they argue should fall within the subject matter of a theory of justice: the ‘market-maximizing’ behavior of economic agents who demand incentives to exercise marketable talents in socially beneficial ways, and the ‘housework-shirking’ behavior of family members who distribute power and labor unequally according to gender. These critics argue that RCJ implausibly places these behaviors beyond the reach of justice. Call this the ‘restrictiveness objection’ to RCJ. A second objection to RCJ threatens to undermine RCJ from within: this criticism alleges that RCJ is arbitrary, because the theorists who embrace it lack a principled justification for restricting the subject matter of their theories to institutions while exempting the behavior of individuals within those institutions. Call this the ‘arbitrariness objection’ to RCJ. My project in this article is to defend RCJ against both objections. Along the way, I consider and reject an alternative strategy for defending RCJ, but I use insights gleaned from the inadequacies of this rival strategy to build my own defense against the two objections: working from within the framework of political liberalism, I demonstrate first that a theory of justice can nonarbitrarily be restricted to the basic structure, or the institutional structure by which ‘the major social institutions distribute fundamental rights and duties and determine the division of advantages from social cooperation,’ and second that such a restriction does not result in an implausibly narrow subject matter of justice. I conclude that neither objection undermines RCJ. I do not defend RCJ as it has typically been understood, however. A crucial premise in my argument is that the delineation of the basic structure is itself a substantive normative task, the performance of which must be responsive to relevant differences among enactments of political power. I argue for a more expansive notion of legitimate political power than either critics or defenders of RCJ have tended to adopt. My defense of RCJ thus occupies a conceptual middle ground within the debate about the subject matter of justice: With defenders of RCJ, I maintain that a theory of justice applies directly only to the basic structure of society, such that a society with just institutions may be fully just even though housework-shirking and market-maximizing occur within it. But I agree with critics of RCJ that market-maximizing and housework-shirking should not be beyond the reach of a theory of justice. I reconcile these convictions by defending a view of political legitimacy according to which housework-shirking and market-maximizing can be targets of legitimate political interventions. While a society is not made less just by the mere occurrence of housework-shirking and market-maximizing, it can be less just for having a basic structure that enables or encourages these behaviors.
Fair Educational Opportunity and the Distribution of Natural Ability: Toward a Prioritarian Principle of Educational Justice
Abstract: In this article, I develop and defend a prioritarian principle of justice for the distribution of educational resources. I argue that this principle should be conceptualized as directing educators to confer a general benefit, where that benefit need not be mediated by improved academic outcomes. I go on to argue that it should employ a metric of all-things-considered flourishing over the course of the student’s lifetime. Finally, I discuss the relationship between my proposed prioritarian principle and the meritocratic principle that it is presumed to supplement
Ideal Theory in Theory and Practice
Abstract: In recent year a growing number of political philosophers have expressed worries about the nature of ideal theory and its dominance in the literature on social justice. Differently, in the post-Rawlsian literature on theories of justice, most of the work done by mainstream political theorists and philosophers is part of what is known as ‘ideal theory’.
Human Rights: India and the West
Publisher’s Note: The question of how to arrive at a consensus on human rights norm in a diverse, pluralistic, and interconnected global environment is critical. This volume is a contribution to an intercultural understanding of human rights in the context of India and its relationship to the West. The legitimacy of the global legal, economic, and political order is increasingly premised on the discourse of international human rights. Yet the United Nations’ Declaration of Human Rights developed with little or no consultation from non-Western nations such as India. In response, there has developed an extensive literature and cross-cultural analysis of human rights in the areas of African, East-Asian, and Islamic studies, yet there is a comparative dearth of conceptual research relating to India. As problematically, there is an lacuna in the previous literature; it simply stops short at analyzing how Western understandings of human rights may be supported from within various non-Western cultural self-understandings; yet, surely, there is more to this issue. The chapters in this collection pioneer a distinct approach that takes such deliberation to a further level by examining what it is that the West itself may have to learn from various Indian articulations of human rights as well.
Forty acres and a mule’ for women: Rawls and feminism
Abstract: This article assesses the development of Rawls’s thinking in response to a generation of feminist critique. Two principle criticisms are sustainable throughout his work: first, that the family, as a basic institution of society, must be subject to the principles of justice if its members are to be free and equal members of society; and, second, that without such social and political equality, justice as fairness is as meaningful to women as the unrealized promise of ‘Forty acres and a mule’ was to the newly freed slaves.
The public use of reason
Abstract: LIBERALS OFTEN THINK diversity of belief and its expression should be tolerated in order to respect either individuals or reason and truth themselves. Because they are agnostic about the good for man, they hold that liberty for each to pursue his or her conception of the good in “self-regarding” matters is required, and that practices of toleration are important aspects of this liberty. They also often advocate practices of toleration as means by which reasoned and true beliefs can come to prevail over false beliefs. Each line of thought justifies practices of toleration as means to something which is seen both as logically independent and as of more fundamental value. These familiar lines of thought are not the only possible liberal vindication of toleration. In Kant’s writings toleration is not a derivative value, to be established only when the value of true and reasoned belief and of liberty in self-regarding matters has been established. His arguments for toleration of what he terms “the public use of reason” presuppose neither antecedently given standards of rationality nor that any class of self-regarding individual actions is of special importance. For Kant the importance of (some sorts of) toleration is connected with the very grounding of reason, and so in particular with the grounding of practical reason. His arguments suggest that liberal political thinking can vindicate practices of toleration without commitment either to a strong form of individualism or to the view that we can distinguish “self-regarding” acts, and without claiming that reasoning either has a “transcendent” vindication or is groundless. The themes of toleration and of the grounding of reason are brought together in many Kantian texts. The most important is the Critique of Pure Reason, in particular the section of the Doctrine of Method called “The Discipline of Pure Reason in Respect of its Polemical Employment.” I The same connection is stressed in many other places, including scattered passages in the Second and Third Critiques, in the Logic, and in Religion within the Limits of Reason Alone. A number of shorter essays, including “What Is Enlightenment?” (1784), “What Is Orientation in Thinking?” (1786), “Idea for a Universal History with a Cosmopolitan Purpose” (1784), “The Conflict of the Faculties” (1798), “On the Common Saying ‘This may be True in Theory, but it does not Apply in Practice’ ” (1795), and “Perpetual Peace” (1795),2 appear at first to have much to say about toleration, including the political aspects of toleration, and little about the grounding of reason. Yet here too the themes are often interwoven. The close connections between the short political essays and the central critical writings suggest not only that the essays are part of Kant’s systematic philosophy, and not marginal or occasional pieces, but also perhaps that the entire critical enterprise has a certain political character. If this is the case, it is no accident that the guiding metaphors of The Critique of Pure Reason are political metaphors. If the discussion of reason itself is to proceed in terms of conflicts whose battlefields and strife are scenes of defeat and victory that will give way to a lasting peace only when we have established through legislation such courts, tribunals, and judges as can weigh the issue and give verdict, then it is perhaps not surprising that Kant links his discussions of politics very closely to larger issues about the powers and limits of human reason. However, this is a large and for present purposes somewhat tangential issue.3 The more immediate concern is to see how Kantian arguments link toleration to the very grounding of reason.
The Democratic Paradox
Abstract: The Democratic Paradox is a collection of essays by the Belgian political theorist Chantal Mouffe, published in 2000 by Verso Books. The essays offer further discussion of the concept of radical democracy that Mouffe explored in Hegemony and Socialist Strategy, co-authored by Ernesto Laclau.
How to Disagree Without Being Disagreeable
Abstract: It is tempting to assume that disagreements about the principles, policies and institutions that shape contemporary political life – especially the disagreements that emerge during contemporary political contests in the United States – are uniquely uncivil. But for much of human history, disagreement about such matters has often been a rough and tumble affair and the best evidence of this emerges in contests for political power. Unflattering epithets about political opponents can be found in hieroglyphics on the tombs of Egyptian pharaohs, and political insult and invective were common in political competitions in ancient Rome. Moreover, with the rise of the modern political campaign and increased sophistication and complexity in the means for transmitting and targeting campaign messages innuendo, rumor, and even outright character assassination, became familiar fixtures of political life.