Reasonable Disagreement and the Neutralist Dilemma

Chambers, Clare, “Reasonable Disagreement and the Neutralist Dilemma: Abortion and circumcision in Matthew Kramer’s Liberalism with Excellence” in The American Journal of Jurisprudence (May 2018). You can read the paper here.

Abstract: This paper starts by investigating the idea of reasonable disagreement. It then considers Matthew Kramer’s argument that there is no neutral solution available to the disagreement over abortion. The paper argues that Kramer’s account has wider application, and identifies a neutralist dilemma. The neutralist dilemma applies when, of two policy options available to the state, one is unreasonable. It follows that the state should enact only the reasonable policy. However, in a neutralist dilemma the fact of reasonable disagreement due to the burdens of judgment means that it is not possible for the state to act at all, whether legislating or not, without deviating from neutrality. The paper develops the concept of the neutralist dilemma and then applies it to another case discussed by Kramer: infant circumcision. The paper argues that the debate over infant circumcision can be framed as a neutralist dilemma, but that the most plausible resolution of the dilemma results in an argument in favor of the legal prohibition of the practice. This is a surprising result, since most liberal states do not restrict circumcision and since prohibition of circumcision might initially appear to be non-neutral or even illiberal; however it is consistent with the tenets of neutralist liberalism.

Conscience and Context

In Political Emotions: Toward a Decent Public Sphere, edited by Thom Brooks (Palgrave MacMillan, forthcoming).

In The New Religious Intolerance  Martha Nussbaum sets out an impassioned plea against that intolerance, which she sees as a pressing but almost entirely European problem. Although there are differences between European nations, Nussbaum argues, Europeans in general have a variety of problematic attitudes to religious diversity that are not found in the USA. These include “fear and mistrust,” inconsistency, “a concern for homogeneity that leads them to commit some errors in public argument that are troubling,” the desire that immigrants “fit in,” greater anti-Semitism than is found in the USA, and a refusal to debate, let alone embrace, “the free exercise of religion”. In place of this European foolishness “the American solution is urgently needed.” The New Religious Intolerance is thus at once a critique of the ‘European’ way of dealing with religion and a defence of the superior American way. Events since Nussbaum published NRI suggest that both Europeans and Americans have grounds for deep soul-searching and self-criticism concerning attitudes to immigration and diversity. In this paper I offer a critique not of the political implications of Nussbaum’s account, but rather of its philosophical underpinnings. My argument proceeds through analysis of her critique of a legal ban on the burqa which has been implemented in various ways in France, Belgium, and Italy

99 Women for Refugee Women

Clare ChambersI am one of Women for Refugee Women’s 99 Women speaking out against detention for refugee women. You can see the other women here.

We asked 99 inspiring women to write a message in support of refugee women, to reflect the 99 pregnant women who were detained in Yarl’s Wood detention centre in 2014. These women include Charlotte Church, Romola Garai, Malorie Blackman, Yasmin Kadi, Noma Dumezweni, Nimco Ali, Caitlin Moran, Bridget Christie, Baroness Valerie Amos, Yvette Cooper MP, Juliet Stevenson, Mary Beard, Sophie Walker, Anoushka Shankar, Caroline Spelman MP, Oona King, Bryony Hannah, and Caroline Lucas MP.

What kind of dialogue do we need? Gender, deliberative democracy and comprehensive values

9781107038899(with Phil Parvin) in Jude Browne (ed.) Dialogue, Politics and Gender (Cambridge University Press, 2013).

This paper claims that a focus on gender as a source of controversy, and on feminism as a theoretical and practical approach, prompts a rethinking of the role of dialogue away from the liberal constitutionalist focus of deliberative democracy and towards a more fluid, reflexive approach.

Autonomy and equality in cultural perspective: Response to Sawitri Saharso

home_cover-2Feminist Theory Vol. 5 No. 3 (December 2004).

This paper criticises Sawitri Saharso’s argument that hymen repair surgery and sex-selective abortion can be both multiculturalist and feminist policies.

You can read the paper here.

Nation-building, Neutrality and Ethnocultural Justice: Kymlicka’s ‘Liberal Pluralism’

home_cover-3Ethnicities Vol. 3 No. 3 (September 2003).

This paper takes issue with Will Kymlicka’s arguments on ethnocultural justice. It argues that liberal nation-building is not the same thing as minority nation-building, and that the former need not cause injustice to minority ethnocultural groups.

You can read the paper here.

All must have prizes: the liberal case for intervention in cultural practices

Paul Kelly (ed.) Multiculturalism Reconsidered: Culture and Equality and its Critics (Polity Press, 2002).

This paper highlights a rare aspect of Brian Barry’s Culture and Equality that is not liberal enough: his assertion that unequal outcomes are unproblematic if they have been chosen. The paper argues instead that an ‘equality tribunal’ should be empowered to rule against certain forms of discrimination within groups.