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Equal Recognition, Minority Rights and Liberal Democracy

Equal Recognition, Minority Rights and Liberal Democracy
Author: Sergi Morales-Gálvez
Publisher: Routledge
Total Pages: 233
Release: 2019-10-23
Genre: Political Science
ISBN: 1351624385

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Multiculturalism is not à la mode nowadays. It is attacked by both right-wing populists and mainstream politicians and leaders of liberal democracies. Indeed, conflicts surrounding cultural diversity and recognition are among the most salient issues in contemporary societies. Should liberal democracies recognise specific cultural rights of minorities? If so, should they grant rights only to indigenous national minorities or also to immigrants? Is such a recognition compatible with the basic liberal principle of state neutrality? Practical questions of this kind are in quest of sound theoretical foundations. Alan Patten’s approach to multiculturalism, developed in Equal Recognition (2014), is the most recent and prominent example of such an effort. Considered “the most important contribution to the philosophy of cultural diversity since Will Kymlicka’s Multicultural Citizenship”, Patten’s work elaborates new and original conceptions of culture and liberal neutrality. It reasserts the case in favour of liberal multiculturalism and applies its theoretical framework to concrete contemporary issues, such as language rights, federalism, secession, and immigrant integration. This collection presents a critical review of Patten’s approach to cultural plurality. The critics question the overall normative strategy of Equal Recognition, its account of neutrality, especially with regards to language rights, its assumptions about democracy and, finally, its relevance to public policy debates. It will be of interest to political scientists, philosophers, and legal theorists, and will inspire students and politicians alike. This book was originally published as a special issue of the Critical Review of International Social and Political Philosophy.


Equal Recognition

Equal Recognition
Author: Alan Patten
Publisher: Princeton University Press
Total Pages: 343
Release: 2016-11-08
Genre: Political Science
ISBN: 0691173559

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Conflicting claims about culture are a familiar refrain of political life in the contemporary world. On one side, majorities seek to fashion the state in their own image, while on the other, cultural minorities press for greater recognition and accommodation. Theories of liberal democracy are at odds about the merits of these competing claims. Multicultural liberals hold that particular minority rights are a requirement of justice conceived of in a broadly liberal fashion. Critics, in turn, have questioned the motivations, coherence, and normative validity of such defenses of multiculturalism. In Equal Recognition, Alan Patten reasserts the case in favor of liberal multiculturalism by developing a new ethical defense of minority rights. Patten seeks to restate the case for liberal multiculturalism in a form that is responsive to the major concerns of critics. He describes a new, nonessentialist account of culture, and he rehabilitates and reconceptualizes the idea of liberal neutrality and uses this idea to develop a distinctive normative argument for minority rights. The book elaborates and applies its core theoretical framework by exploring several important contexts in which minority rights have been considered, including debates about language rights, secession, and immigrant integration. Demonstrating that traditional, nonmulticultural versions of liberalism are unsatisfactory, Equal Recognition will engage readers interested in connections among liberal democracy, nationalism, and current multicultural issues.


Minority Rights and Liberal Democratic Insecurities

Minority Rights and Liberal Democratic Insecurities
Author: Anna-Mária Bíró
Publisher: Taylor & Francis
Total Pages: 212
Release: 2022-11-11
Genre: Political Science
ISBN: 1000781526

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This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. This collection stems from the fact that liberal democracy did not bring about the “end of history” but rather that the transatlantic region of Europe and North America has encountered a new era of instability, particularly since the global financial crisis. The transatlantic region may have appeared to be entering a period of stability, but terrorist attacks on the soil of Euro-Atlantic states, the financial crisis itself and other changes, including mass migration, the rise of populism, changes in fundamental political conceptions, technological change, and most recently the Covid pandemic, have brought increasing uncertainties and instabilities in existing orders. In these contexts, the book investigates the resulting difficulties and opportunities for minority rights. Bringing together scholars from a range of disciplines who are engaged in work on various unstable orders, the book provides a unique and largely neglected perspective on present developments as well as addressing the pressing issue of the future of the minority rights regime at global, regional and national levels. This book will appeal to those with interests in minority rights, human rights, nationalism, law and politics.


Group Rights as Human Rights

Group Rights as Human Rights
Author: Neus Torbisco Casals
Publisher: Springer Science & Business Media
Total Pages: 278
Release: 2006-06-30
Genre: Law
ISBN: 1402042094

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Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.


Multicultural Citizenship

Multicultural Citizenship
Author: Will Kymlicka
Publisher: Clarendon Press
Total Pages: 296
Release: 1996-09-19
Genre: Political Science
ISBN: 0191622451

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The increasingly multicultural fabric of modern societies has given rise to many new issues and conflicts, as ethnic and national minorities demand recognition and support for their cultural identity. This book presents a new conception of the rights and status of minority cultures. It argues that certain sorts of `collective rights' for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity, can be answered. However, Professor Kymlicka emphasises that no single formula can be applied to all groups and that the needs and aspirations of immigrants are very different from those of indigenous peoples and national minorities. The book discusses issues such as language rights, group representation, religious education, federalism, and secession - issues which are central to understanding multicultural politics, but which have been surprisingly neglected in contemporary liberal theory.


Intercultural Deliberation and the Politics of Minority Rights

Intercultural Deliberation and the Politics of Minority Rights
Author: R.E. Lowe-Walker
Publisher: UBC Press
Total Pages: 236
Release: 2018-01-15
Genre: Political Science
ISBN: 0774832878

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Achieving socio-political cohesion in a community with significant ethnic, cultural, and religious diversity is a challenge in contemporary liberal democracies. Public policies and institutions shaped by the needs of the majority can inadvertently marginalize minority interests. Intercultural Deliberation and the Politics of Minority Rights articulates a type of political deliberation designed to mitigate this problem. Instead of asking what the liberal state can tolerate, R.E. Lowe-Walker asks how our understanding of difference affects our interpretation of minority claims, shifting the focus toward inclusive deliberations. This important work serves as a measure of social justice and a vehicle for social change.


Do We Need Minority Rights?

Do We Need Minority Rights?
Author: Juha Raikka
Publisher: BRILL
Total Pages: 248
Release: 2021-09-27
Genre: Law
ISBN: 9004479260

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The title of this volume is the critical and provocative question - do we need minority rights? - in order to announce that it does make sense to ask whether there are special obligations to minority protection. The following essays, none of which is published elsewhere, explore several of the many important philosophical questions about minority protection, as well as the practical and judicial problems related to certain answers. The first four essays concern minority rights within the theory of liberalism, while the last four focus on more detailed problems of minority protection.


Democracy and National Pluralism

Democracy and National Pluralism
Author: Ferran Requejo
Publisher: Routledge
Total Pages: 171
Release: 2003-09-02
Genre: Political Science
ISBN: 1134521251

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How can democracies deal with plurality? This book looks at the political accommodation of national plurality in liberal democracies and in the European Union at the turn of the century. Its panel of international authorities examines this issue from a variety of perspectives, considering questions of citizenship, multiculturalism, immigration and equality. The contributors, many of whom have set the terms of this debate in international political science, include Will Kymlicka, Carlos Closa, Michael Keating, Enric Fossas, Wayne Norman and Ricard Zapata Barrero.


Human and Minority Rights Protection by Multiple Diversity Governance

Human and Minority Rights Protection by Multiple Diversity Governance
Author: Joseph Marko
Publisher: Routledge
Total Pages: 622
Release: 2019-03-04
Genre: Political Science
ISBN: 1134830432

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Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.


Towards Recognition of Minority Groups

Towards Recognition of Minority Groups
Author: Marek Zirk-Sadowski
Publisher: Routledge
Total Pages: 437
Release: 2016-02-24
Genre: Law
ISBN: 131700888X

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This volume analyses current debates concerning problems in the nature, justification, and legal protection of human rights for minorities, with reference to the issues surrounding social milieu as a source of any legitimized law, which is in itself in need of legal recognition as well as being an object of legal protection. With contributions from a global network of scientists across several continents, the work examines the debate dedicated to the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private for minority groups as well as individuals. The chapters go on to study the particular claims that need to be audible and visible for others in the public sphere with reference to the legal protection of human rights. The work concludes with the completion of an interpretative circle debating the issues of legal consensus and legal identity with respect to the specificity of the patterns and modes guiding human interactions. Going beyond the legal analysis to discuss communication strategies in human rights, this collection will be of great interest to those studying the philosophy and theory of law, practical philosophy in general, political sciences and theory of democracy.