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Group Rights as Human Rights

Group Rights as Human Rights

Neus Torbisco Casals

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Editorial:
Springer Nature B.V.
Año de edición:
2010
Materia
Teoría general del derecho
ISBN:
9789048170739
220,02 €
IVA incluido
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Introduction. 1. Multiculturalism and Group Rights: The Issues. 2. Outline of the Book. Part 1: Cultural Minorities and Group Rights: Contested Concepts. 1.1 Introduction. 1.2 A Preliminary Elucidation of the Concept of Minority. 1.2.1 Objective Elements. 1.2.2 The Subjective Element. 1.3. Minorities and Group Rights: The Inadequacy of the Dominant Approach. 1.3.1 The Problem of Defining ’Minority’ Revisited. 1.3.2 What Conception of Group Rights? 1.4. Liberalism vs. Communitarianism: An Inadequate Framework. 1.5. Conclusion. Part 2: Towards an Alternative Notion of Group Rights. 2.1 Introduction. 2.2 Group Rights: an Unnecessary Concept? 2.2.1 The Reductionist Strategy. 2.2.2 Questioning the Need for the Language of Rights. 2.3 Two Complementary Conceptions of Group Rights. 2.3.1 Group Rights as Rights to Public Goods. 2.3.2 Group Rights as Special Rights. 2.4. Conclusion. Part 3: Understanding Multiculturalism: Which Groups Qualify? 3.1. Introduction. 3.2. Social Minorities. 3.3. Cultural Minorities. 3.4. Against Group Rights? Some Provisional Conclusions. Part 4: Tolerance, Neutrality and Group Rights. 4.1. Introduction. 4.2. The Tolerance Approach and the Question of Group Rights. 4.2.1 Tolerance and Neutrality in Liberal Thought. 4.2.2 Neutrality and its Tension with Group Rights. 4.3. The Cultural Dimension of Politics: Liberalism, Nationalism and Nation-Building. 4.3.1 ’E Pluribus Unum’: The Historical Link between Nationalism and Liberalism. 4.3.2 The Politics of Nation-Building. 4.3.3 The Liberal Justification of Nationalism. 4.3.4 The Awakening of Minorities. 4.4. Illusions of Neutrality and the Tolerance Model. 4.4.1 State Interference and Cultural Domination: Past and Present. 4.4.2 Beyond History: The Tolerance Approach as an Ideal? 4.5. Group Rights and Neutrality. 4.5.1 Consequential and Justificatory Neutrality. 4.5.2 The Compatibility of Group Rights and Neutrality. 4.6. Conclusion. Part 5: On the Relevance of CulturalBelonging: Group Rights as Instrumental Rights and as Fundamental Rights. 5.1. Introduction. 5.2. The Instrumental Justification of Group Rights. 5.2.1 The Limits of Global Humanism. 5.2.2 Compensatory Justice Arguments. 5.2.3 Conclusion: The Instrumental Relevance of Group Rights. 5.3. Group Rights as Basic Rights: The Connection between Autonomy and Cultural Belonging. 5.3.1 Cultural Belonging as the Basis of Autonomy: The Theory of Will Kymlicka. 5.3.2 Cultural Belonging as a Primary Good. 5.3.3 The Burdens of Assimilation and the Limits of Coercion. 5.4. Group Rights as Basic Rights: The Challenge of Recognition. 5.4.1 Recognition and Culture in the Theory of Charles Taylor. 5.4.2 The Politics of Recognition and the Critique of ’Neutrality Liberalism’. 5.4.3 Recognition and Autonomy: Some Criticisms. 5.4.4 Regaining Autonomy and Respect: Toward a Reformulation of the Politics of Recognition. 5.5. Conclusion. Part 6: Multiculturalism, Ethnic Minorities, and the Limits of Cultural Diversity. 6.1. Introduction. 6.2. National and Ethnic Minorities: A Different Normative Status? 6.2.1 The Challenge of Immigration: Between Assimilation and the ’Politics of Multiculturalism’. 6.2.2 The Foulard Affair: French Schools and the Muslim Headscarf. 6.3. The Justification of the Rights of Ethnic Minorities: a Problem for Liberal Nationalism? 6.3.1 Kymlicka’s Theory and the Rights of Ethnic Minorities. 6.3.2 Identity, Recognition and Group Rights for Ethnic Minorities. 6.4. Limits to Cultural Pluralism: the Justification of ’Partial Citizenship’. 6.5. Conclusion. Epilogue The Value of Cultural Pluralism: Some Final Remarks on an Unexplored Topic. Concluding Remarks.

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