18 September 2024
Rethinking EU Law Beyond the Liberal Feminist Paradigm
In K,L v Staatssecretaris van Justitie en Veiligheid (‘K,L’), the CJEU decided that a belief in the value of gender equality associated with the lifestyle of the westernized woman be regarded as a reason for persecution. While the decision contributes to a gender-sensitive EU asylum law, I argue that the CJEU’s classification of the young women’s belief in the value of gender equality as ‘identificatory’ (as opposed to ‘religious’ or ‘political’) perpetuates a long-standing criticism of the liberal feminist paradigm. Continue reading >>
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16 December 2019
Liberalismus: Eine Grußkarte aus dem Roten Wien
Jan-Werner Müllers neues Buch plädiert für "einen anderen Liberalismus" – den Liberalismus der Furcht. Der verwandelt sich unter der Hand in einen Liberalismus der Inklusion. Das Programm ist menschenfreundlich und wegen des offenen Ausgangs des Zuhörens auch unverbindlich. Dagegen kann man doch keine Einwände haben. Oder doch? Continue reading >>12 March 2016
The Law of Majorities: A Rejoinder
This has been an instructive discussion that has shed light on some of the most pressing issues of our time. Overall, there is an agreement on the existence of the social entity of the “majority group,” although less on the criteria to identify a majority. Some interesting disagreements are found on the empirical question – whether the majority culture is indeed “needy” (how much, in which field, etc.) – and on the normative question: whether a culturally needy majority should be granted a right to defend its constitutional identity in the immigration context. Continue reading >>07 March 2016
Anticipatory minority rights for majorities turning into minorities
Concerns about national, cultural and demographic preservation have become increasingly salient in the age of migrations and globalisation. Liav Orgad fittingly points to recent political reactions to the influx of refugees in Europe and to broader trends towards relinking citizenship and migration policies with concerns about national identity and cultural integration. He is right to complain about the reluctance among political theorists to engage systematically with these developments. I fully agree with Orgad that ignoring these issues is both “theoretically wrong” and “politically unwise”. However, I disagree that majorities have special majority rights that can be defended on the same normative basis as minority rights. I argue that if a current majority group is worried about its rights, it should genuinely support minority rights in anticipation of its future minority status. Continue reading >>29 February 2016
Immigration, Majority Rights, and Welfare State Solidarity
Liav Orgad’s new book, The Cultural Defense of Nations, could hardly have appeared at a more opportune moment. It represents a systematic effort to grapple with the core issues of national identity so much on the agenda of both the classical and new lands of immigration. It seeks to do so within the framework of liberal political and social theory while turning our sympathies toward majority cultures facing the “threat” of lost identity and dominance, a loss being brought about by both immigration and the multiculturalist policies of the past generation. Continue reading >>24 February 2016
The immigration flow’s liability
There is little doubt that the contemporary rise of populist forms of politics, especially those of the right, have targeted immigration as a key issue – and, more generally, political parties of left and right have responded to, and often stoked, perceived public concerns (however ill-founded) concerning immigration through efforts designed to highlight and demarcate the privileges of citizenship. In his timely response to this phenomenon, Liav Orgad aims to offer an account of majority rights that is, he thinks, missing from contemporary political theory and that can differentiate justifiable and unjustifiable ways in which the majority culture can defend its dominant standing and, hence, the rights it should (and should not) possess. Continue reading >>24 February 2016
Cultural majorities, constitutional essentials, and cosmopolitan citizenship
Liav Orgad’s idea of a two-stage process of the regulation of immigration and access to citizenship in The Cultural Defense of Nations appears sensible and on first sight largely agreeable. But a more careful positioning of the argument regarding democratic theory and sociological understandings of nationalism brings out aspects that problematize some of its key assumptions and that reveal a risk of counter-productivity. In this, the argument might be less original than claimed and the specific version of a liberal theory of cultural defense less fit for socio-culturally complex democratic societies, in particular within the European context. I will briefly touch upon three dimensions that seem to me problematic: the notions of majority culture and cultural defense; the notion of constitutional identity as used in the book; and the problem of constitutional populism. Continue reading >>23 February 2016
Does the majority have a right to have rights? On the Cultural Defence of Nations
Over the last several decades, a burgeoning literature on minority rights and minority accommodation has emerged. The rights of the ‘majority’ – everyone else – have garnered little interest because scholars have assumed that they will take care of themselves. In this excellent book, Liav Orgad argues that large-scale immigration to Europe and North America has rendered this assumption false. Immigration, above all to North America, is of course not new, but the overall numbers today are greater than in the past, and it is occurring in a new context of globalization, transnationalism (migrants live half their lives or more in their home countries), and radically new technology (which allows one to live in a Twitter/Facebook-/YouTube world entirely in one’s home country language). Continue reading >>22 February 2016
The prince of Denmark facing mass immigration – from Germany.
How would Denmark react to a wave of mass immigration from Germany, numbering hundreds of thousands or millions of people? The question is, needles to say, purely hypothetical, but it is nevertheless, in my view, highly pertinent in the context of discussing the issues raised in Liav Orgad’s important book, The Cultural Defense of Nations. These questions are at the very heart of Europe’s present concerns and dilemmas, which makes the book’s highly original, learned and well-argued contribution to the debate all the more valuable. Continue reading >>19 February 2016