State Response to Minority Groups State Response to Minority Groups Requirements and Impact of  of Liberalism Requirements and Impact of  of Liberalism Communitarianism Debate Communitarianism Debate

Selma Muhić-Dizdarević, MASelma Muhić-Dizdarević, MA Faculty of HumanitiesFaculty of Humanities Department of Civil Sector StudiesDepartment of Civil Sector Studies selma.muhic@fhs.cuni.czselma.muhic@fhs.cuni.cz

Definitions of the stateDefinitions of the state

Weber: monopoly on use of Weber: monopoly on use of legal forcelegal force

Gellner: monopoly on Gellner: monopoly on educationeducation

Arguments against ethnocultural Arguments against ethnocultural neutrality of the stateneutrality of the state

EducationEducation Legal systemLegal system Diffusion of languageDiffusion of language Relation to different ethnical/ethical Relation to different ethnical/ethical

questions:questions:slavery, polygamy, polyandry, incest, slavery, polygamy, polyandry, incest,

euthanasia, suicide, capital punishment, euthanasia, suicide, capital punishment, abortion, coerced marriages, divorce on abortion, coerced marriages, divorce on demand, gay and lesbian marriages, etc.demand, gay and lesbian marriages, etc.

Criteria for differentiation between Criteria for differentiation between liberal and illiberal nation-building liberal and illiberal nation-building

states (Kymlicka)states (Kymlicka)1.1. Degree of coercion in Degree of coercion in

promoting national promoting national identityidentity

2.2. Diminished concept of Diminished concept of public space, expanded public space, expanded concept of private spaceconcept of private space

3.3. Minorities can express Minorities can express publicly their requestspublicly their requests

4.4. Inclusiveness Inclusiveness

5.5. Thinner concept of Thinner concept of national identity national identity

6. National identity is not the 6. National identity is not the ultimate valueultimate value

7. More cosmopolitan7. More cosmopolitan

8. An individual can have 8. An individual can have more national identitiesmore national identities

9. Willing to share social 9. Willing to share social space with minorities, space with minorities, who consider important who consider important to be recognized in such to be recognized in such a waya way

Definition of societal culture Definition of societal culture (Kymlicka)(Kymlicka)

It is the concept of culture, which It is the concept of culture, which includes common language and includes common language and political institutions, and does not political institutions, and does not relate to religious beliefs, family relate to religious beliefs, family customs or individual habitscustoms or individual habits

Three models according to Three models according to public/private difference (Parekh)public/private difference (Parekh)

1.1. Procedural assimilationism (minimal Procedural assimilationism (minimal state)state)

2.2. Civic assimilationism Civic assimilationism (Verfassungspatriotismus)(Verfassungspatriotismus)

3.3. Millet model (loyalty to primarily to the Millet model (loyalty to primarily to the cultural groups)cultural groups)

Belonging to a groupBelonging to a group

Subjective path: taking as relevant how an Subjective path: taking as relevant how an individual sees her/his belongingindividual sees her/his belonging

Objective path: after satisfying certain Objective path: after satisfying certain stated demands, an individual will be stated demands, an individual will be considered to be a member of a groupconsidered to be a member of a group

Issues that challenge state Issues that challenge state sovereigntysovereignty

1.1. Fiscal responsibility (i.e. Fiscal responsibility (i.e. economic issues)economic issues)

2.2. International stability (i.e. International stability (i.e. security)security)

3.3. Human rights agendaHuman rights agenda

Different minority groups, different Different minority groups, different claims and expectationsclaims and expectations

National minoritiesNational minorities Indigenous peopleIndigenous people ImmigrantsImmigrants RefugeesRefugees GuestworkersGuestworkers Descendants of slavesDescendants of slaves RomaRoma Religious groupsReligious groups

AutonomyAutonomy

Fair terms of Fair terms of integrationintegration

InclusionInclusion Affirmative actionAffirmative action Difficult casesDifficult cases

Liberal positionLiberal position

Dworkin: substantial and procedural rightsDworkin: substantial and procedural rights Rawls: individual autonomy supplemented Rawls: individual autonomy supplemented

by non-discrimination provisions should by non-discrimination provisions should always carry more importance than always carry more importance than collective rightscollective rights

Communitarian positionCommunitarian position

Decision-making on the concept of good Decision-making on the concept of good life is in the individual's competence, but life is in the individual's competence, but environment in which the competence is environment in which the competence is applied is notapplied is not

Extra-individual predeterminations, like Extra-individual predeterminations, like cultureculture

Five Regimes of TolerationFive Regimes of Toleration(M. Walzer, On Toleration)(M. Walzer, On Toleration)

Multinational EmpiresMultinational Empires International SocietyInternational Society ConsociationsConsociations Nation-stateNation-state Immigrant SocietyImmigrant Society

Questions:Questions:

Does the importance of culture for an Does the importance of culture for an individual mean that the culture should be individual mean that the culture should be state sponsored and protected?state sponsored and protected?

Does that take away it's vitality and reduces Does that take away it's vitality and reduces it to endangered species?it to endangered species?

Habermas – Taylor – Walzer debateHabermas – Taylor – Walzer debate

Ethnocultural justice (Kymlicka)Ethnocultural justice (Kymlicka)

Two main ideas:Two main ideas: Minorities are also entitled to various Minorities are also entitled to various

degrees of nation-buildingdegrees of nation-building Minority rights are a supplement not a Minority rights are a supplement not a

substitute for human rightssubstitute for human rights

Two types of rights minorities can Two types of rights minorities can claim (Kymlicka again)claim (Kymlicka again)

Internal restrictions, i.e. rights of a group Internal restrictions, i.e. rights of a group against its own membersagainst its own members

External protection, i.e. rights of a group External protection, i.e. rights of a group against the larger societyagainst the larger society

BenhabibBenhabib

Tension between universalism (French American Tension between universalism (French American revolutions) and particularisms (nationality, ethnicity, revolutions) and particularisms (nationality, ethnicity, religion, gender, “race”), between nation-states and religion, gender, “race”), between nation-states and identity-driven struggles.identity-driven struggles.

Havel – our world needs to be multicultural and multipolarHavel – our world needs to be multicultural and multipolar Benhabib suggests a deliberative democratic model, which Benhabib suggests a deliberative democratic model, which

permits maximum cultural contestation within public permits maximum cultural contestation within public sphere. Keep constitutional and legal universalism at the sphere. Keep constitutional and legal universalism at the level of polity and permit legal pluralism and institutional level of polity and permit legal pluralism and institutional power-sharing through regional and local parliaments.power-sharing through regional and local parliaments.

BenhabibBenhabib

Distinction: democratic and multicultural theorist. The Distinction: democratic and multicultural theorist. The latter operates on a presumption of purity of cultures.latter operates on a presumption of purity of cultures.

Do we want to preserve a culture because of minority Do we want to preserve a culture because of minority difference in a liberal society or because we want to difference in a liberal society or because we want to expand the circle of democratic institutions. The latter expand the circle of democratic institutions. The latter process leads to hybridization of cultural legacies on both process leads to hybridization of cultural legacies on both sides (minority and majority).sides (minority and majority).

If one must choose between democratic inclusion and If one must choose between democratic inclusion and conservation of cultures, Benhabib values the former.conservation of cultures, Benhabib values the former.

BenhabibBenhabib

Multicultural justice emerges at the interstices of conflicts Multicultural justice emerges at the interstices of conflicts and paradoxes.and paradoxes.

The way to reconcile individual freedoms and cultural The way to reconcile individual freedoms and cultural expression can be in concepts of “flexible citizenship” and expression can be in concepts of “flexible citizenship” and “dispersed sovereignty”. “dispersed sovereignty”.

A multicultural dilemma par excellence: perplexities of A multicultural dilemma par excellence: perplexities of Muslim groups trying to retain their cultural integrity Muslim groups trying to retain their cultural integrity within a secular, liberal and democratic state. within a secular, liberal and democratic state.

BenhabibBenhabib

Cultural group existed always – what is new is Cultural group existed always – what is new is that they demand legal recognition and resource that they demand legal recognition and resource allocations from the state.allocations from the state.

Reductionist sociology of of culture lies on the Reductionist sociology of of culture lies on the following epistemological premises:following epistemological premises:

1. Cultures are clearly delineable wholes1. Cultures are clearly delineable wholes2. Cultures are congruent with population groups2. Cultures are congruent with population groups3. Even if they do not stand in one-to-one 3. Even if they do not stand in one-to-one

correspondence, this is of no importance for correspondence, this is of no importance for politics or policies.politics or policies.

BehabibBehabib

Turner – Turner – this position risks essentializing the idea of this position risks essentializing the idea of culture, reifying cultures as separate entities, culture, reifying cultures as separate entities, overemphasizing their boundaries and it fetishizes them overemphasizing their boundaries and it fetishizes them and puts them beyond critical analysisand puts them beyond critical analysis

Benhabib is in favor of social constuctivism, which means Benhabib is in favor of social constuctivism, which means that each analysis of a culture must begin by distinguishing that each analysis of a culture must begin by distinguishing standpoint of a social observer and of a social agent. The standpoint of a social observer and of a social agent. The social observer imposes unity and coherence on cultures. social observer imposes unity and coherence on cultures. From within, culture need not appear as a whole. “…it From within, culture need not appear as a whole. “…it forms a horizon that recedes each time one approaches it.”forms a horizon that recedes each time one approaches it.”

Example – Hindu practice of satiExample – Hindu practice of sati

BenhabibBenhabib

Her critique of strong or mosaic multiculturalism – it Her critique of strong or mosaic multiculturalism – it supposes that human groups and cultures are clearly supposes that human groups and cultures are clearly delineated and they coexist as pieces of a mosaic, always delineated and they coexist as pieces of a mosaic, always maintaining their boundaries. It is also morally wrong, maintaining their boundaries. It is also morally wrong, because intercultural justice between groups should be because intercultural justice between groups should be defended in the name of freedom and justice and not of defended in the name of freedom and justice and not of preservation of cultures.preservation of cultures.

BenhabibBenhabib

What does it mean to be a member of a group? It means to What does it mean to be a member of a group? It means to participate in the established code of narratives in various participate in the established code of narratives in various cultures. That defines our capacity to tell individual cultures. That defines our capacity to tell individual stories.stories.

Strong multiculturalism must face the fact that most Strong multiculturalism must face the fact that most individual identities are defined through many collective individual identities are defined through many collective affinities and many narratives.affinities and many narratives.

She sees group identities as dynamic and not focused on She sees group identities as dynamic and not focused on what a group what a group IS, IS, but on what the political leader of a group but on what the political leader of a group DEMAND DEMAND in the public sphere.in the public sphere.

BenhabibBenhabib

Democratic theorists are concerned with Democratic theorists are concerned with public manifestations of cultural identities public manifestations of cultural identities in civic space. Multicultural theorists are in civic space. Multicultural theorists are concerned with in classifying and naming concerned with in classifying and naming groups. groups.

But, political attitudes cannot be derived But, political attitudes cannot be derived from group identities. from group identities.

BenhabibBenhabib

The main argument: as long as pluralist structures do not violate three The main argument: as long as pluralist structures do not violate three normative conditions of egalitarian reciprocity, voluntary self-normative conditions of egalitarian reciprocity, voluntary self-ascription and freedom to exit and association, they can be quite ascription and freedom to exit and association, they can be quite compatible with universalist deliberative democracies.compatible with universalist deliberative democracies.

Egalitarian reciprocity means that members of minorities must not be Egalitarian reciprocity means that members of minorities must not be entitled to a lesser degrees of rights than majority.entitled to a lesser degrees of rights than majority.

Voluntary self-ascription means that an individual must not be Voluntary self-ascription means that an individual must not be automatically assigned to a group, s/he should be able to self-identify, automatically assigned to a group, s/he should be able to self-identify, even asked when adult if s/he wants to remain a member of a even asked when adult if s/he wants to remain a member of a community of origin. State should not have a power to assign one to a community of origin. State should not have a power to assign one to a group.group.

Freedom of exit and association should be unrestricted for an Freedom of exit and association should be unrestricted for an indivdualindivdual

BenhabibBenhabib

The question is universalism ethnocentric presupposes that The question is universalism ethnocentric presupposes that we know who us and them are. But cultures, as well as we know who us and them are. But cultures, as well as societies, are not holistic but polyvocal, multilayered, societies, are not holistic but polyvocal, multilayered, decentered and fractured systems.decentered and fractured systems.

Some (Lyotard, Rorty) claim heterogeneity and Some (Lyotard, Rorty) claim heterogeneity and incommensurability of regimens and discourses, but there incommensurability of regimens and discourses, but there is no argument for it, just assertion. is no argument for it, just assertion.

Understanding other is not just a cognitive, but also a Understanding other is not just a cognitive, but also a moral and political act. moral and political act.

BenhabibBenhabib

Confrontation of cultures produces a community of conversation Confrontation of cultures produces a community of conversation but also a community of interdependence (what we burn, what we but also a community of interdependence (what we burn, what we waste affect also those, who we don`t know).waste affect also those, who we don`t know).

Therefore, Benhabib advocate for pluralistically enlightened ethical Therefore, Benhabib advocate for pluralistically enlightened ethical universalism, based also on a pragmatic imperative to understand universalism, based also on a pragmatic imperative to understand each other.each other.

She differentiates among three types of evaluation:She differentiates among three types of evaluation:

1.1. The moral – what is right or just for human beings as suchThe moral – what is right or just for human beings as such

2.2. The ethical – what is appropriate for us insofar as we are members The ethical – what is appropriate for us insofar as we are members of social collectivitiesof social collectivities

3.3. The evaluative – what we individually strive for, happinessThe evaluative – what we individually strive for, happiness She criticizes Michael Walzer, for too holistic claims.She criticizes Michael Walzer, for too holistic claims.

ConclusionConclusion

Ethnocultural neutrality is a myth in the sense that Ethnocultural neutrality is a myth in the sense that believing in it narrows the space for non-dominant cultures believing in it narrows the space for non-dominant cultures to participate in division of social space, but it does not to participate in division of social space, but it does not imply that society can become culturally neutral, once this imply that society can become culturally neutral, once this awareness is achieved. Gaining the awareness though does awareness is achieved. Gaining the awareness though does open the possibility to manage different cultural interests open the possibility to manage different cultural interests in a way similar to managing different interests, which are in a way similar to managing different interests, which are not of the cultural origin (e.g. sexual or financial). This not of the cultural origin (e.g. sexual or financial). This again in my opinion requires constant spelling out of the again in my opinion requires constant spelling out of the “ground rules” of the changing society. “ground rules” of the changing society.