Law and Philosophy Library

Group Rights as Human Rights

A Liberal Approach to Multiculturalism

Authors: Torbisco Casals, Neus

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About this book

Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.

Table of contents (6 chapters)

Table of contents (6 chapters)
  • Cultural Minorities and Group Rights: Contested Concepts

    Pages 19-42

  • Towards an Alternative Notion of Group Rights

    Pages 43-63

  • Understanding Multiculturalism: Which Groups Qualify

    Pages 65-86

  • Tolerance, Neutrality and Group Rights

    Pages 87-146

  • On the Relevance of Cultural Belonging: Group Rights as Instrumental Rights and as Fundamental Rights

    Pages 147-199

Buy this book

eBook 117,69 €
price for India (gross)
  • ISBN 978-1-4020-4209-6
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 149,99 €
price for India (gross)
  • ISBN 978-1-4020-4208-9
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions & severe weather in the US may cause delays
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
Softcover 149,99 €
price for India (gross)
  • ISBN 978-90-481-7073-9
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions & severe weather in the US may cause delays
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
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Bibliographic Information

Bibliographic Information
Book Title
Group Rights as Human Rights
Book Subtitle
A Liberal Approach to Multiculturalism
Authors
Series Title
Law and Philosophy Library
Series Volume
75
Copyright
2006
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media B.V.
eBook ISBN
978-1-4020-4209-6
DOI
10.1007/1-4020-4209-4
Hardcover ISBN
978-1-4020-4208-9
Softcover ISBN
978-90-481-7073-9
Series ISSN
1572-4395
Edition Number
1
Number of Pages
XVI, 263
Topics