Lecture 9 Flashcards

1
Q

Delineating scope of global justice

A

Basic mantra: “A theory of justice sets out what is owed to whom. In other words, it sets out the content of
justice and delineates its scope” (Fabre 2007: 1).
* The “Core” Concepts delineated the content of justice.
* This “Spotlight” delineates its scope.
* In particular, we have commitments across space: states today are:
- Internally: Non-homogeneous (multiculturalism, national self-determination)
- Externally: Interlinked (global justice, immigration).
* We also increasingly realize that we have commitments across time:
- Looking into the future (future generations; climate change)
- Looking into the past (reparative justice)

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2
Q

Liberal egalitarianism

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Basics:
- “A theory of justice is liberal in so far as it defends fundamental individual freedoms. It is egalitarian in so far as it assumes
that all individuals are morally equal and mandates an extensive distribution of material resources (income and wealth)
towards those who have fewer such resources” (Fabre 2007: 3).

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3
Q

Luck egalitarianism - liberal egalitarianism

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Luck Egalitarianism:
- “individuals should not be made worse off through no fault of their own” (3).
- So we compensate for brute luck, but not option luck.
- This follows Dworkin’s insight that we want to respect people’s choices (ambition-sensitive, but endowment-insensitive).

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4
Q

Sufficientism - part of liberal egalitarianism

A
  • Isn’t luck egalitarianism really severe? Do we not want to protect against destitution?
  • “inequality is not bad in and of itself, and all that matters is that individuals have enough resources” (3).
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5
Q

Communitarianism

A

Basics:
- “[Communitarians critique Rawls] for mistakenly grounding justice on universal foundations, and for overlooking the
(non-instrumental) importance of communal values” (15).
* Communitarians:
- Question whether the individual is prior to the community, and thus …
- … Put less primacy on individual rights, and
- … More emphasis on political and communal participation, and
- … Doubt whether principles of justice can travel (outside the community, nevertheless nation)

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6
Q

Libertarianism

A

Basics:
- “Coercive taxation for distributive purposes, violates individuals’ ownership rights over the product of their labour and,
thereby, over themselves” (22).
* Some essential principles:
- Strong theory of ownership – we own property just as we own ourselves.
- Negative theory of rights – contra infringement by others.
- Minimal role for the state (outside of the protection of rights)

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7
Q

Basic Question: Must theories of justice account for cultural, religious and ethnic diversity?

A

“The question [of multiculturalism] is that of the social arrangements which a polity ought to adopt in the face of its
diversity” (Fabre 2007: 51).
* This is a thin conception of multiculturalism – responding mostly to the rise in global diversity.
* A thick conception of multiculturalism also reacts to what “normal” is – i.e. the understanding the normal, or
universal, really meant “white,” “male,” “straight,” etc.
demand a more
inclusive conception of citizenship which recognizes (rather than stigmatizes) their identities, and which accommodates
(rather than excludes) their differences”

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8
Q

Marion Young

A
  • So, rather than eliminate difference, in the name of commonality; the point is to accommodate difference –
    what Iris Marion Young called “Differentiated Citizenship” (Young 1989).
  • Under this rubric, people were understood both as individuals, and as part of groups.
  • This brings us back to the debate over “redistribution” vs. “recognition” (Honneth and Fraser 1997). In brief:
  • “The Politics of Redistribution” regards socio-economic injustices, such as poverty, exploitation or marginalization.
  • “The Politics of Recognition” regards cultural injustices, including through patterns of mis- or non-representation, cultural
    domination or disrespect.
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9
Q

Charles Taylors’ politics of recognition

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  • “The thesis is that our identity is party shaped by recognition or its absence, often by the misrecognition of others, and so a
    person or group of people can suffer real damage, real distortion, if the people or society around them mirror back to them
    a confining or demeaning or contemptible picture of themselves … Misrecognition shows not just a lack of due respect. It
    can inflict a grievous wound, saddening its victims with a critical self-hatred. Due recognition is not just a courtesy we owe
    people. It is a vital human need”
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10
Q

Nancy Fraser’s politics of recognition

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  • “ [To be misrecognized is] to be constituted by institutionalized patterns of cultural value in ways that prevent one from
    participating as a peer in social life … [Claims for recognition] seek to establish the subordinated party as a full partner in
    social life, able to interact with others as a peer. They aim, that is, to deinstitutionalize patterns of cultural value that
    impede parity of participation and to replace them with patterns that foster it” (Honneth and Fraser 1997: 29-31).
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11
Q
  • What claims do minority groups make on the majority?
A
  • Individual-level rights (as a member of a minority group).
  • Group-level rights (for minorities as a group).
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12
Q

Group-level rights (for minorities as a group).

A
  • Territorial autonomy – such as in Indian Reservations in the US.
  • Guaranteed seats – special legislative seats that ethnic groups can choose for themselves.
  • Majority-Minority districts.
  • Court provisions. Allowing traditional courts jurisdiction over certain aspects of law (such as family law).
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13
Q
  • Individual-level rights (as a member of a minority group).
A
  • Equal rights claims
  • Legal exemptions – such as exemption from a law, or educational requirement.
  • Special assistance – such as multilingual schools, or ballots.
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14
Q

Kymlicka’s “Liberal Culturist” position (Kymlicka 2002: 339).
(liberal egalitarianism)

A
  • It is now not that controversial to say some version of “community” or “group” matters for individual autonomy.
  • There is a broad consensus here, what Kymlicka calls the “liberal culturalist” position.
  • The question is how much, and to what end? Specifically: what kinds of group rights?
  • 1) special representation rights
  • 2) rights to self-government
  • What do these rights afford?
  • External protection against the will of the majority group.
  • Ability to impose internal restrictions on their own members.
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15
Q

What is the controversy around liberalism and multiculturalism?

A
  • Liberalism requires that you protect the individual from the group.
  • So where do you draw the line, such that you:
  • 1) protect the minority from the majority (multiculturalism)
  • 2) protect the individual from the group (liberalism)
  • You need a form of liberal multiculturalism
  • Kymlicka defends minority rights if they are external – i.e. that protect minority groups from domination
  • But not internal – i.e. those that restrict individual rights
    “Liberal defenders of multiculturalism [must] distinguish the ‘bad’ minority rights that involve restricting individual rights
    from the ‘good’ minority rights that can be seen as supplementing individual rights. Minority rights are
    consistent with liberal culturalism if (a) they protect the freedom of individuals within the group; and (b) they promote
    relations of equality (non-dominance) between groups”.
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16
Q

Who gets these minority rights? (Kymlicka)

A

Who gets these rights?
* Kymlicka’s theory is very limited:
- He favors National Groups (who have claims to special representation and self-government), over …
- … immigrants
* Under what conditions are these rights afforded?
- If and only if group protections don’t enable groups to oppress their own members.
- i.e. it is a liberal theory of group rights

17
Q

What principle can we use to ground these rights claims? Kymlicka uses three:

A
  • 1) Equality (autonomy)
  • It is the state’s duty to guarantee that we are all have equal autonomy – which is why we have rights in the first place.
  • Here autonomy means the capacity to “frame, revise, and pursue a conception of the good”
  • Cultural protection is necessary for autonomy – i.e. for people to pursue their own conceptions of the good.
  • Thus, if majorities prevent minorities from enjoying this autonomy, the state should intervene on their behalf.
  • 2) Historical agreement
  • States are frequently formed by treaty (contract).
  • National groups agree to terms, given the status quo at the time.
  • Even if the status quo changes (and one group becomes a minority), the terms of the treaty still hold.
  • 3) Cultural diversity
  • A diverse world is a better world.
  • Diversity helps us improve social systems
18
Q

Objections to Kymlicka

A

1) What counts as a culture?
- Kymlicka argues that this has to be “societal” or “national” in scale in order to count.
- How is this determined?
* 2) Kymlicka distinguishes between national groups and immigrants. Can this distinction hold?
- What about after several generations?
* 3) Does the equality justification hold?
- Cultural group rights may help them gain autonomy vis-à-vis the majority. But what if this comes at the cost of women’s
autonomy – a mainstay of most traditional cultures.
* 4) What to do about illiberal minorities?
- If the abuse is egregious, stop them. But what about subtle harms, which fall beneath this level?
- When you grant self-government rights, does this become harder? (And how would you know?)

19
Q

Communitarianism and multiculturalism

A
  • Community = Group Rights. This should be easy, right?
  • Not so fast. Frequently defenses of “community” are the entire community, over and above smaller ones.
  • So what makes the communitarian defense of multiculturalism?
  • 1) Group membership is intrinsically valuable (regardless of whether it promotes individual freedom).
  • 2) Conflicts between groups cannot be resolved by defaulting to universal (liberal) principles
20
Q

Parekh rethinking multiculturalism - communitarian

A
  • 1) People are embedded in cultures.
  • 2) Not all cultural practices are worth protecting, but …
  • 3) … Good cultural practices can justify restrictions on individual autonomy (over and above what most liberals
    allow) = t there are limits on freedom of speech, particularly when the latter is exercised in criticism of a
    religious group.
21
Q

How do we determine which communities deserve protection? - communitarianism

A
  • You need some universal standard, which is what liberalism provides.
22
Q

Libertarianism and multiculturalism

A
  • Chandran Kukathas, The Liberal Archipelago, 2003.
  • It would seem libertarians would have little to say about group rights. But Kukathas disagrees.
  • 1) He supports classic libertarian principles:
  • Strong individual rights
  • Weak states
  • The point of society is for individuals to pursue their own ends
  • 2) Thus, if cultural minority groups are chosen by individuals, they can have extensive powers over their
    members.
  • Why? Because if the state should only provide security, and not adjudicate between “conceptions of the good”, the society
    will consist of numerous sub-state organizations that may have great power over their members.
  • 3) This is true if and only if:
  • a) all people can exit their groups when they wish
  • b) there is mutual toleration between groups, even illiberal ones.
  • Conclusion: if people opt into illiberal organizations there is nothing the state can/should do to intervene.
23
Q

Objections to libertarianism multiculturalism

A
  • Objections:
  • 1) There is a high cost of exit
  • 2) How do you handle abuses against children?
  • 3) What about vulnerable adults?
24
Q
  • Should we even care about multiculturalism in the first place? Several critiques:
A
  • 1) Cosmopolitan Critique
  • 2) Redistribution Critique
  • 3) The Feminist Critique
25
Q

Feminist critique

A
  • Protecting cultures means subjecting individuals within those groups to illiberal abuse. This is especially true of women.
  • Note: This primarily affects women, but also could implicate sub-minorities, mixed-race individuals, children, etc.
26
Q

Redistribution critique

A

the “politics of recognition” takes attention and resources away from real need:
- Resources are finite. Economic targets (the working class) and cultural targets (minorities) are often vastly different.
- Arguably, redistribution requires some cultural homogeneity. If this is true, the two goals are parasitic off one another.

27
Q

Cosmopolitan critique

A

(Waldron 1995; Benhabib 2002). Multiculturalism essentializes culture.
- Essentializing culture unnaturally generates an “other”.
- It also stunts the natural growth of that culture.