Journal ArticleDOI
Headscarves in the Policeforce and the Court: Does Context Matter?
Sawitri Saharso,Odile Verhaar +1 more
TLDR
In this paper, the wearing of the "Islamic" headscarf by teachers of public schools and by uniformed police officers in the Netherlands is discussed from a contextual approach, which is more widely acceptable than a deductive approach.Abstract:
In questions of tolerance to cultural minority practices, we usually follow a deductive approach, in which we first establish the limits of tolerance in principle and then determine whether or not a particular practice is consistent with them The reason is that principles are considered ‘fundamental’ whereas other considerations are ‘contingent’; hence the outcomes of reasoning on principle are considered more ‘pure’ and fair Critics, however, claim that this deductive approach cannot adequately deal with the particularities of actual moral reasoning and therefore propose a ‘contextual approach’ to matters of tolerance This paper explores the possibilities of that approach by discussing two cases from that perspective: the wearing of the ‘Islamic’ headscarf by teachers of public schools and by (uniformed) police officers in the Netherlands We will concentrate on the claim that a contextual approach furthers social stability or ‘peace’ more than a deductive approach because it produces solutions that are more widely acceptable We will also discuss possible disadvantages of a contextual approach, in particular the risk that it results in a form of ‘moral casuistry’read more
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Journal ArticleDOI
Taking Rights Seriously
Alan R. White,Ronald Dworkin +1 more
TL;DR: In this paper, a judge in some representative American jurisdiction is assumed to accept the main uncontroversial constitutive and regulative rules of the law in his jurisdiction and to follow earlier decisions of their court or higher courts whose rationale, as l
Journal ArticleDOI
Multicultural Citizenship: A Liberal Theory of Minority Rights
John Boye Ejobowah,Will Kymlicka +1 more
TL;DR: The authors argued that certain kinds of "collective rights" for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity can be answered.
References
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Book
Multicultural Citizenship: A Liberal Theory of Minority Rights
TL;DR: The authors argued that certain kinds of "collective rights" for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity can be answered.
Book
Taking Rights Seriously
TL;DR: The Model of Rules I 3. The Model of rules II 4. Hard Cases 5. Constitutional Cases 6. Taking Rights Seriously 8. Civil Disobedience 9. Reverse Discrimination 10. Liberty and Moralism 11.Liberty and Liberalism 12. What Rights Do We Have? 13. Can Rights be Controversial? Appendix: A Reply to Critics Index as mentioned in this paper
Journal ArticleDOI
Taking Rights Seriously
Alan R. White,Ronald Dworkin +1 more
TL;DR: In this paper, a judge in some representative American jurisdiction is assumed to accept the main uncontroversial constitutive and regulative rules of the law in his jurisdiction and to follow earlier decisions of their court or higher courts whose rationale, as l
Book
Rethinking Multiculturalism: Cultural Diversity and Political Theory
TL;DR: In this paper, the political structure of a multicultural society is discussed, and the Logic of Intercultural Evaluation (LIE) is used to evaluate equality in a multiracial society.