multiculturalism and religion
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Respect, Religion, and Feminism
Respect, Religion, and Feminism: Comments on Lori Watson and Christie Hartley, Equal Citizenship and Public Reason: A Feminist Political Liberalism is published in Journal of Applied Philosophy September 2020. You can read the paper here.
Abstract: There is significant disagreement among feminists and liberals about the compatibility between the two doctrines. Political liberalism has come under particular criticism from feminists, who argue that its restricted form of equality is insufficient. In contrast, Lori Watson and Christie Hartley argue that political liberalism can and must be feminist. This article raises three areas of disagreement with Watson and Hartley’s incisive account of feminist political liberalism. First, it argues that an appeal to a comprehensive doctrine can be compatible with respecting others, if that appeal is to the value of equality. Second, it takes issue with Watson and Hartley’s defence of religious exemptions to equality law. Third, it argues that political liberalism can be compatible with feminism but that it is not itself adequately feminist. It concludes that political liberalism is not enough for feminists.
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Medically unnecessary genital cutting and the child’s right to bodily integrity: an international expert consensus statement
In American Journal of Bioethics Vol. 19 (2019).
Keeping our focus exclusively on a Western context for the purposes of this article, we argue as follows: Under most conditions, cutting any person’s genitals without their informed consent is a serious violation of their right to bodily integrity. As such, it is morally impermissible unless the person is nonautonomous (incapable of consent) and the cutting is medically necessary.
This paper is authored by the Brussels Collaboration on Bodily Integrity (2019).
This work grew out of informal discussions among participants in the G3 International Experts Meeting on FGM/C in Brussels, Belgium, May 20-22, 2019, along with other scholarly collaborators. We are physicians, ethicists, nurse-midwives, public health professionals, legal scholars, political scientists, anthropologists, psychologists, sociologists, philosophers, and feminists from Africa, Asia, Australasia, Europe, the Middle East, and the Americas with interdisciplinary expertise in child genital cutting practices across a wide range of cultural contexts.
You can read the paper here.
Corresponding author: Brian D. Earp, Associate Director, Yale-Hastings Program in Ethics and Health Policy, Yale University and The Hastings Center, 2 Hillhouse Avenue, New Haven, CT, 06511, USA. E-mail: brian.earp@gmail.co
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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.
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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
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Liberal Views
The Philosophers’ Magazine Issue 64 (2014).A discussion of the separation of church and state.
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The Philosophers’ Magazine
My piece “Liberal views” discusses different models of separation of church and state, as they are conceptualised philosophically and as they apply to actual polities. The article is here.
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Autonomy and equality in cultural perspective: Response to Sawitri Saharso
Feminist 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.
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Nation-building, Neutrality and Ethnocultural Justice: Kymlicka’s ‘Liberal Pluralism’
Ethnicities 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.
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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.
