Ethnicity And Group Rights: Nomos Xxxix (nomos - American Society For Political And Legal Philosophy)

Within Western political philosophy, the rights of groups has often been neglected or addressed in only the narrowest fashion. Focusing solely on whether rights are exercised by individuals or groups misses what lies at the heart of ethnocultural conflict, leaving the crucial question unanswered: can the familiar system of common citizenship rights within liberal democracies sufficiently accommodate the legitimate interests of ethnic citizens. Specifically, how does membership in an ethnic group differ from other groups, such as professional, lifestyle, or advocacy groups? How important is ethnicity to personal identity and self-respect, and does accommodating these interests require more than standard citizenship rights? Crucially, what forms of ethnocultural accommodations are consistent with democratic equality, individual freedom, and political stability? Invoking numerous cases studies and addressing the issue of ethnicity from a range of perspectives, Ethnicity and Group Rights seeks to answer these questions. Front Cover......Page 1 Title Page......Page 4 Copyright......Page 6 Contents......Page 8 Preface......Page 12 PART I MEANINGS OF ETHNICITY AND GROUP RIGHTS......Page 14 1. INTRODUCTION - WILL KYMLICKA AND IAN SHAPIRO......Page 16 2. CLASSIFYING CULTURAL RIGHTS - JACOB T. LEW......Page 35 PART II THE IDEA OF TOLERATION......Page 80 3. CULTURAL TOLERATION - CHANDRAN KUKATHAS......Page 82 4. RESPONSE TO KUKATHAS - MICHAEL WALZER......Page 118 5. ON HUMAN DIVERSITY AND THE LIMITS OF TOLERATION - ADENO ADDIS......Page 125 6. THE IDEA OF NONLIBERAL CONSTITUTIONALISM - GRAHAM WALKER......Page 167 PART III THE NORMATIVE STATUS OF ETHNICI1Y......Page 198 7. GROUP RIGHTS AND ETHNICITY - THOMAS W. POGGE......Page 200 8. ON JUSTIFYING SPECIAL ETHNIC GROUP RIGHTS: COMMENTS ON POGGE - S. JAMES ANAYA......Page 235 PART IV GROUP RIGHTS AND GROUP AGENCY......Page 246 9. GROUP AGENCY AND GROUP RIGHTS - JAMES W. NICKEL......Page 248 10. COMMON-LAW CONSTRUCTIONS OF GROUP AUTONOMY: A CASE STUDY - DENISE G. REAUME......Page 270 11. A TALE OF TWO VILLAGES (OR, LEGAL REALISM COMES TO TOWN) - NOMI MAYA STOLZENBERG......Page 303 PART V GROUP REPRESENTATION......Page 360 12. DEFERRING GROUP REPRESENTATION - IRIS MARION YOUNG......Page 362 13. WHAT IS A BALANCED COMMITTEE? DEMOCRATIC THEORY, PUBLIC LAW, AND THE QUESTION OF FAIR REPRESENTATION ON QUASI-LEGISLATIVE BODIES - ANDREW STARK......Page 390 PART VI DYNAMICS OF INCLUSION AND EXCLUSION......Page 432 14. SELF-DETERMINATION: POLITICS, PHILOSOPHY, AND LAW - DONALD L. HOROWITZ......Page 434 15. TRIBES, REGIONS, AND NATIONALISM IN DEMOCRATIC MALAWI - DEBORAH KASPIN......Page 477 16. "THAT TIME WAS APARTHEID, NOW IT'S THE NEW SOUTH AFRICA": DISCOURSES OF RACE IN RUYTERWACHT, 1995 - COURTNEY JUNG AND JEREMY SEEKINGS......Page 517 17. FROM ETHNIC EXCLUSION TO ETHNIC DIVERSITY: THE AUSTRALIAN PATH TO MULTICULTURALISM - JOHN KANE......Page 553 18. STRAIGHT GAY POLITICS: THE LIMITS OF AN ETHNIC MODEL OF INCLUSION - CATHY J. COHEN......Page 585 INDEX......Page 630 Introduction / Will Kymlicka and Ian Shapiro Classifying cultural rights / Jacob T. Levy Cultural toleration / Chandran Kukathas Response to Kukathas / Michael Walzer Human diversity and the limits of toleration / Adeno Addis The idea of nonliberal constitutionalism / Graham Walker Group rights and ethnicity / Thomas W. Pogge Justifying special ethnic group rights: comments on Pogge / S. James Anaya Group agency and group rights / James W. Nickel Common-law constructions of group autonomy: a case study / Denise G. Réaume Tale of two villages (or, legal realism comes to town) / Nomi Stolzenberg Deferring group representation / Iris Marion Young What is a balanced committee? Democratic theory, public law, and the question of fair representation on quasi-legislative bodies / Andrew Stark Self-determination: politics, philosophy, and law / Donald L. Horowitz Tribes, regions, and nationalism in democratic Malawi / Deborah Kaspin "That time was apartheid, now it's the new South Africa": discourses of race in Ruyterwacht, 1995 / Courtney Jung and Jeremy Seekings From ethnic exclusion to ethnic diversity: the Australian path to multiculuralism / John Kane Straight gay politics: Limits of an ethnic model of inclusion / Cathy J. Cohen. Within Western political philosophy, the rights of groups have often been neglected or addressed in only the narrowest fashion. Focusing solely on whether rights are exercised by individuals or groups misses what lies at the heart of ethnocultural conflict, leaving central questions unanswered: Can the familiar system of common citizenship rights within liberal democracies sufficiently accommodate the legitimate interests of "ethnic" citizens? How does membership in an ethnic group differ from other groups, such as professional, lifestyle, or advocacy groups? How important is ethnicity to personal identity and self-respect, and does accomodating these interests require more than standard citizenship rights? Perhaps most important, what forms of ethnocultural accomodations are consistent with democratic equality, individual freedom, and political stability? Invoking numerous case studies and addressing the issue of ethnicity from a range of perspectives, Ethnicity and Group Rights seeks to answer these questions. Within Western political philosophy, the rights of groups have often been neglected or addressed in only the narrowest fashion. Focusing solely on whether rights are exercised by individuals or groups misses what lies at the heart of ethnocultural conflict, leaving central questions unanswered: Can the familiar system of common citizenship rights within liberal democracies sufficiently accommodate the legitimate interests of "ethnic" citizens? How does membership in an ethnic group differ from other groups, such as professional, lifestyle, or advocacy groups? How important is ethnicity to personal identity and self-respect, and does accommodating these interests require more than standard citizenship rights? Perhaps most important, what forms of ethnocultural accommodations are consistent with democratic equality, individual freedom, and political stability?