Liberalism and the Limits of Multiculturalism Raphael Cohen-Almagor University of Haifa, ISRAEL
Preliminaries nnHnnHow are group rights related to individual rights? nnWnnWhat should we do if group rights come into conflict with individual rights?
n n Can a liberal democracy allow minority groups to restrict the individual rights of their members, or should it insist that all groups uphold liberal principles?
Self- and Other- regarding Conduct n n Cases in which one is inflicting pain or death upon oneself vs. Cases in which one is inflicting damage upon others
n n Jainas practice in relation to the dying n n Scarring
Two Kinds of Rights n n Internal restrictions - right of a group against its own members n n External protections - right of a group against the larger society
Murder for Family Honour n n Some norms are considered by liberal standards to be intrinsically wrong n n Such are norms that result in physical harm to women and babies
n External protections are defensible when groups seek to protect their identity by limiting their vulnerability to the decisions of the larger society
n n Reserving land for the exclusive use of a minority group
n n Guaranteeing representation for a minority n n Devolving power to local levels
Unjust Claims for External Protections n Apartheid
n n Whereas internal restrictions are almost inherently in conflict with liberal democratic norms, external protections are not as long as they promote equality between groups
Pueblo Indians Communities n Discriminate against members who have abandoned the traditional tribal religion in the distribution of housing n Discriminate against women who have married outside the tribe
Internalized Coercion Vs. Designated Coercion n n Unlike the internalized coercion, designated coercion is not concerned with a machinery aiming to convince the entire cultural group of an irrefutable truth
Hofer Vs. Hofer n n People have a basic interest in their capacity to form and revise their conception of the good
n n The power of religious communities over their own members must be such that individuals can freely and effectively exercise that capacity
Conclusions n Relevant factors: n The severity of rights violations within the minority community; n The extent to which formalized dispute resolution mechanisms exist within the community;
n The extent to which these mechanisms are seen as legitimate by group members; n The ability of dissenting group members to leave the community if they so desire;
n The existence of historical agreements which base the national minoritys claim for some sort of autonomy
n Developing a liberal theory of minority rights is of the utmost importance for the future of liberal democracies, particularly for newly democratizing countries.