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    Education for Democracy

    March 23, 2022 by Will Morrisey

    Amy Gutmann: Democratic Education. Second Edition. Princeton: Princeton University Press, 1994. With 1999 epilogue.

     

    Before her elevation to the presidency of Princeton University, Amy Gutmann established a reputation as a theorist of democracy, not exactly a political philosopher—one who offers an account of the variety of political regimes—but as a defender and explicator of one type of regime. As such, she argued that modern democracies should be understood theoretically and reformed practically along quasi-Aristotelian lines. Aristotle defines politics as a form of reciprocity, as ruling and being ruled in turn. He defines democracy as majority rule, a bad regime in which the many who are poor rule without restraint over the few who are rich. To prevent this, and equally to prevent the opposite one-way, self-interested rule of the few who are rich over the many who are poor, Aristotle famously advocates a ‘mixed regime,’ one whose ruling institutions require the many and the few to negotiate with one another in order to get laws enacted. The American Constitution, with its separation of powers, and its checks and balances, isn’t quite the same thing, it operates on the same principle of reciprocal ruling and being ruled.

    While the American Founders established a regime of democratic and commercial republicanism upon the moral basis of natural right, Gutmann rejected this orientation, and indeed any ‘foundationalist’ understanding of the American regime, as too easily disputable, given the vastly increased and variegated population of the latter-day United States. Americans no longer share a moral consensus upon which to found their regime, she argued. Therefore, the best way to proceed is through a regime of “deliberative democracy,” “reciprocity among free and equal individuals” whereby “citizens and their representatives offer one another morally defensible reasons for mutually binding laws in an ongoing process of mutual justification.” Unlike Aristotle and the Founders, Gutmann didn’t propose institutional barriers to tyranny. What will save the deliberative-democratic regime from majority tyranny is precisely its deliberativeness. Citizens need to argue things out before the bar of reason.

    Hence the need for education, indeed for political education, and hence Democratic Education. Education typically aims at strengthening students’ capacity for reasoning. Political education could do that, or it could descend to the level of propaganda in the pejorative sense of the word, instilling irrational sentiments favored by the rulers. How can the rulers themselves—in a democracy, the majority—themselves be brought willingly to the bar of reason? That is where “deliberative democracy” comes in. 

    “The central question in political education” is “How should citizens be educated, and by whom?” That is “Who should have authority to shape the education of future citizens?” The “art of governing” and the “art of education” either reinforce one another or contradict one another. Gutmann is especially concerned with the political movement toward more parental control of education, as such control, taken too far, might undermine not only democracy but political life itself by allowing the political community to fall back into its constituent parts, the families that compose the nation. Such “civic minimalism” might not inculcate the habits of deliberation needed for citizenship, as education “sets the stage for democratic politics.” Because it does, democratic regimes need a theory of education consonant with the regime, lest their educational policies become impossible to assess. But that regime poses the risk of tyrannical majority rule if it eschews reasoning. Under a regime of “deliberative democracy,” citizens will, as it were, continue their education, learning about a variety of educational policies as they debate them with one another. “We can publicly debate educational problems in a way much more likely to increase our understanding of education and each other than if we were to leave the management of schools, as Kant suggests, ‘to depend entirely upon the judgment of the most enlightened experts'”—that is, upon a sort of aristocracy.

    More radically, Gutmann charges that any “foundationalist” account a political regime, whether divine right, natural right, ‘utility,’ or ‘history,’ is “profoundly apolitical” because they all depend upon some pre-political insight into the character of human nature and of politics. The fact that Aristotle, the author of the definition of the definition of politics she uses, propounds a moral and political philosophy founded upon natural right, and that the American Founders, who made rather a point of government by consent of the governed, did the same, doesn’t faze her, since she argues that no one can get consent to any such foundation under modern conditions. “Only in a society in which all other citizens agreed with me would my moral ideal simply translate into a political ideal.” This being the case, only citizens’ deliberations are left to settle “what the moral boundaries of authority are.” In so doing, democracy must be “liberal” democracy in the sense that no rational way of thinking, “however unpopular,” and no minority, however despised by the majority, may be excluded from the deliberative process. A “democratic society must be constrained not to legislate policies that render democracy repressive or discriminatory.” Within those limitations, education rightly understood “include[s] every social influence that makes us who we are.” 

    Against the American Founders, but also against all “foundationalists,” including Marxists, “deliberative democracy” enjoys “an important advantage”: with it, “one can arrive at a democratic theory of education without first defending a conception of human nature upon which theories of education are typically constructed.” Such attempts, Gutmann claims, depend upon a “fallacy,” the fallacy “of relying on deductions from axioms of human nature,” when “most of the politically significant features of human character are products of our education.” “If education is what gives us our distinctive character”—that is, if education is what makes us human—then “we cannot determine the purposes of education by invoking an a priori theory of human nature.” That is, education derives from the political regime under which we live; the political regime under which we live typically determines how we are educated and, by so doing, critically inflects our sense of what human nature is. Our “self-evident” truths are self-evident only to those so educated. 

    This will not do. If, as Gutmann herself admits, “education may aim to perfect human nature by developing its potentialities, to deflect it into serving socially useful purposes, or to defeat it by repressing those inclinations that are socially destructive,” this begs the question of whether some regimes do this better than others and, if so, which regimes those are. That is the question of political philosophy, and it suggests the need to ascend from the realm of opinion. Gutmann hopes that the process of democratic debate will supply, if not an ascent, as sort of progress via the process of rational sorting-out of coherent from incoherent opinions. Her commitment to reason implies an unspoken “foundationalism”: that human beings are rational and political animals. Her political commitment to democracy implies that ‘the many’ can vindicate that claim, if they can be educated to deliberate together.

    Toward that end, she outlines three forms of the modern state—not regimes, an issue she treats as settled, but states, that is, political communities understood in terms of their size and their degree of centralization. The first she calls “the family state,” by which she means a state in which political authority is tightly centralized, as it is in a small family. The family state “claims exclusive educational authority as a means of establishing a harmony…between individual and social good based on knowledge,” as seen in the ‘regime in speech’ designed by Socrates and his interlocutors in Plato’s Republic. Socrates justifies this authority that “all states that claim less than absolute authority over the education of children will…degenerate out of internal disharmony” because there will always be a ‘disconnect’ between the good as conceived by individuals for themselves and the good of the political community as a whole.

    Gutmann sees that Socrates’ idea of justice cannot be transferred into practice, although she stops short of acknowledging that Plato and his Socrates know that as well as she does. She also sees that the education in this purely ‘theoretical’ regime extends only to the guardian class, not to the philosophers or to the artisans, and therefore lacks comprehensiveness. She rightly observes that “part of Platonic wisdom is not to assume away the problems of founding a family state, but to recognize that the process of creating a social agreement on the good comes at a very high price, and to wonder whether the price is worth paying.” Predictably, she objects to what she calls Plato’s failure to recognize that “our good is relative to our education and the choices we are capable of making for ourselves, our children, and our communities.” That is, poor Plato doesn’t see that our moral principles are ‘socially constructed.’ There is no room in her doctrine for the philosophic ascent from the cave, at least insofar as we contemplate moral opinions. 

    “As long as we differ not just in our opinions but in our moral convictions about the good life”—she doesn’t clearly define the distinction between “opinions” and “convictions”—the “state’s educational role cannot be defined as realizing the good life, objectively defined, for each of its citizens.” That would depend upon how capacious an objectively defined good life for each citizen might be; for example, even in Plato’s city in speech, there are three distinct classes of people, each of which pursues a good or goods relative to their own capacities. In the American republic, at no time has the good life been identified as anything narrower than living secure in one’s unalienable rights and respecting those rights in others. Nor did the Americans’ natural-rights orientation stop Publius from expecting, as Gutmann does, that politics in a representative government tends to “refine and enlarge the public views.” All of that, on supposedly unattainable ‘foundationalist’ grounds.

    For the sake of the argument, however, we can surely stipulate that a modern state should not be as tightly organized as an ancient polis, and that attempts to do so have resulted in tyranny, sometimes called ‘totalitarianism’ in an attempt to convey exactly this point. One rival to this is what Gutmann calls not the “family state” but “the state of families.” This means placing education in the hands of parents instead of the state, and among its distinguished defenders are Thomas Aquinas and John Locke. Gutmann denies that parents can “be counted upon to equip their children with the intellectual skills necessary for rational deliberation,” although it seems that that would depend upon the parents in question—their own character, the amount of time they have available to devote to teaching. It is more likely that some would, some wouldn’t. More tellingly, she observes that children are members of both their families and their political communities, and that there is moral and civic value in bringing them into a wider range of associations and of opinions than a household can furnish. “Children are not more the property of their parents than they are the property of the state,” which gives the political community a moral interest in their education. She judges the “assumption” that parents “have a natural right” to exclusive authority over their children as “unfounded”; nor does the state have such authority. [1]

    Gutmann calls the third form of the modern state “the state of individuals” or liberalism. Liberalism mixes and attempts to balance the first two forms while aiming at a morally neutral education for children. John Stuart Mill, for example, proposed public education for “the poorer classes of children” and public exams for those privately educated, with fines imposed on parents whose children fail. The exams themselves would be “confined to facts and positive science exclusively,” leaving moral education to the parents and private schoolmasters. Gutmann quite sensibly finds this approach implausible, since “even the most liberal states are bound to subvert the neutrality principle: they will try, quite understandably, to teach children to appreciate the basic (but disputed) values and the dominant (but controversial) cultural prejudices that hold their society together.” The policy of establishing a class of professional educators, persons “unconstrained by parental or political authority,” in practice would only slant their lessons toward their own ‘values,’ likely including ‘professionalism.’ Liberals who argue that “neither parents nor the state may shape the character of children on the grounds that they can distinguish between better and worse moral character, yet they may shape children’s character for the sake of cultural coherence, or in order to maximize their future freedom of choice” merely achieve logical incoherence, inasmuch as “cultural coherence” and “freedom of choice” themselves require fostering a certain sort of character in children.

    Very well then. “We disagree over the relative value of freedom and virtue, the nature of the good life, and the elements of moral character.” Yet we also intend to sustain “the practices and authorities to which we, acting collectively as a society, have consciously agreed”—that is, we have given our consent to living in a regime together. That regime is a democratic republic. It will therefore be both necessary and proper to cultivate in children “the kind of character conducive to democratic sovereignty.” Children should be educated with a view to sustaining that regime. Gutmann has already defined a particular kind of democracy that she advocates, namely, “deliberative democracy.” Education in her democracy must cultivate deliberation, reasoned discourse among citizens. Deliberative democracy will establish shared authority over education among parents, citizens generally, and professional educators—really a sort of ‘mixed regime,’ to stay with Aristotelian categories. 

    This will be an education in “civic virtue,” consisting of moral freedom and of “participation in the good of [students’] family and the politics of their society”—animated by the natural love of one’s own—yet also with the capacity for “critical deliberation” about the good. The authority of citizens (of the regime and of the state) will therefore have two principal limitations, limitations founded, respectively, upon the characteristic democratic principles of freedom and equality. These are non-repression (no use of education “to stifle rational deliberation of competing conceptions of the good life and the good society”) and non-discrimination (“all educable children must be educated”). Such a “democratic education is not neutral among conceptions of the good life, nor does its defense depend on a claim to neutrality,” supporting as it does “choice among those ways of life that are compatible with [the] conscious social reproduction” of the regime of democracy itself, democracy’s continuation over the generations.

    On the level of “primary education,” by which Gutmann means elementary and high school education, she rejects the admonition of Noah Webster, based upon the natural-rights republican principles of the American Founding, that schools should reject teachers of “low-bred, drunken, immoral character.” “Citizens of a republic,” she intones, “must be free to disagree over what constitutes low-bred and immoral character,” although evidently not drunkenness or its ill effects on students taught by drunks, and on drunken students. She goes so far as to claim that “Webster’s prescription would require the establishment of an educational dictatorship.” It is rather more likely that it would require the establishment of democratically elected school boards charged with deliberating on the moral standards in question; if that is democratic despotism, we may need more of it. “How many, if any, thoroughly moral men and women have lived in even the best republics?” she asks, rhetorically. Well, “thoroughly” is an imposing word. We are all sinners in the hands of an angry God, are we not? But vulgarity, drunkenness, and immorality are not so difficult to ascertain. What Gutmann wants to avoid are standards of vulgarity and immorality that exist outside her favored regime of deliberative democracy. At the early grades of primary schooling, “precept and reasoning” won’t ‘take’ on students; education “must be by discipline and example,” as Webster was saying, but the discipline and example will derive from her regime, not from regimes like the City of God or the City in Speech, from divine or natural law. 

    “Quite apart from its political function, children will eventually need the capacity for rational deliberation to make hard choices in situations where habits and authorities do not supply clear or consistent guidance.” Such an education will teach children “to behave in accordance with authority”—the commands issued, and the examples set by parents and teachers—and, as they mature, “to think critically about authority.” This education will also “learn how to live a good life in the nonmoral sense by teaching them knowledge and appreciation” of such matters as literature, science, history, and sports—Mill’s supposedly ‘neutral’ topics. “Fortunately, the same education that helps children live a non-morally good life often aids in the development of good moral character”; the study of science and mathematics teaches logic; the study of literature teaches “interpretative skills”; literature and history teach “the understanding of differing ways of life”; and physical education can teach sportsmanship. All of these capacities contribute directly or indirectly to the practice of deliberation in democracy. 

    Gutmann wisely opposes the then-fashionable ‘values clarification’ approach to teaching morality. “The problem with values clarification is not that it is value-laden, but that is laden with the wrong values,” teaching “every moral opinion as equally worthy.” This encourages children in the false subjectivism that ‘I have my opinion and you have yours and who’s to say who’s right?’—a claim hardly conducive either to deliberation or to democracy, one that fails to “take the demands of democratic justice seriously,” one “too indiscriminate for even the most ardent democrat to embrace.” [2] Such “moral autonomy” cannot perpetuate any regime, even a democracy. A democracy will need to teach what Tocqueville calls the art of association, what Gutmann calls “the morality of association,” that is, “the willingness and ability to contribute and to claim one’s fair share in cooperative associations.” The democratic virtues can be taught, by bringing children of several religious and ethnic backgrounds “together from an early age in the same classrooms,” by “bringing all educable children up to a high minimum standard of learning,” by teaching American history “as lessons in the practice (sometimes successful, sometimes not) of political virtue, lessons that require students to develop and to exercise intellectually disciplined judgment.” Educators don’t know how to teach “the whole of virtue”—not all virtue can be taught in a classroom setting—but they can foster the virtues needed for citizens in a democracy. And, since democratic citizens have for the most part already consented to the regime of democracy, they can agree upon the principles needed for shared citizenship in that regime much more readily than they can agree upon religious or philosophic moral principles. The way in which such citizens will arrive at consensus on specific policies, the way of deliberative democracy, itself “has educational value” for parents and educators alike.

    Parents, citizens, educators: “Which democratic community should determine what school policies” Who along with democratic communities should share control over what happens in public schools?” And should students themselves have any say in “shaping their own schooling”? Although Gutmann doesn’t treat ruling institutions formally, she does bring them in implicitly by considering relations among families, school boards, and professional teachers and school administrators. How shall this mixed-regime ‘democracy’ be mixed, with respect to rule over education?

    To answer these questions, Gutmann imagines a school district as if it were a polis or a New England town. Such a political community will seek to perpetuate “shared beliefs and practices particular to this city-state” (such as speaking English and celebrating Thanksgiving) along with opinions and practices “essential to any democratic society.” The distinctive beliefs and practices can be maintained effectively by citizen-democratic rule over the schools. But Gutmann doubts that the second, universal set of practices, “which follow from the principles of non-repression and nondiscrimination and constrain democracy in its own name,” are likely to be upheld adequately by elected officials. That is, she doesn’t want elected school boards “to control what is taught within the classroom,” preferring to leave that to “the educational authority of teachers.” Teachers, she says, must not be forced “to profess doctrines inimical to their intellectual standards.” Indeed not, but why can they not be removed from their positions by democratically elected school boards in consultation with parents and administrators they hire? And if the answer is ‘tenure,’ then why should teachers told to teach doctrines inimical to their intellectual standards, quite likely including their ideological standards, not move to some more welcoming school district, or go into some other business altogether?

    To this, Gutmann replies that in a large modern nation-state, citizens beyond the local community should have their own rightful and (always within limits) authoritative say in what is taught. Congress, for example, should be able to enact legislation upholding general educational standards those elected representatives deem needed to sustain the American regime. True, “federal and state control must not be all-encompassing, otherwise local democratic control over schools is rendered meaningless”; such extreme educational centralization would ignore “the more particular collective preference of face-to-face communities,” which large modern states cannot be. Gutmann endorses not only a democratic regime but a federal state. “At all levels of government, citizens have a legitimate interest in teaching children a civic culture; democratic politics is the proper means for shaping that culture; and primary schools are the proper institutions for teaching it.” Simple majoritarianism in democratic regimes of the sort Aristotle deplores in the Politics brings “political repression.” Federalism contributes to the refinement and enlargement of the public views in education as in other aspects of democratic life. [3]

    But this avoids the question. What about the teachers? They are not democratically elected representatives of anyone. They constitute a sort of aristocracy within the democracy, a group that makes Gutmannian democracy an actual ‘mixed regime.’ She suggests “a division of labor between popular authority and expertise: democratic governments perpetuating a common culture, teachers cultivating the capacity for critical reflection on that culture,” shedding “critical light on a democratically created culture,” “uphold[ing] the principle of non-repression by cultivating the capacity for democratic deliberation.” It isn’t clear how this would be enforced, however: how teacher-ruled critical reflection or deliberation in the classroom would remain democratic. Why would teachers not seek to subvert democracy as Gutmann defines that regime? Why would they not seek to reinforce and extend their own authority by exerting influence upon the souls of their students? “Teachers must be sufficiently connected to their communities to understand the commitments that their students bring to school, and sufficiently detached to cultivate among their students the critical distance necessary to reconsider commitments in the face of conflicting ones.” Nice work, if you can find many people willing to do it.

    As for student “participation” in school governance, Gutmann has little more than a cursory reference to the practices of John Dewey’s Laboratory School at the University of Chicago, a school Dewey ran for seven years at the turn of the last century. Even “the youngest students were given the daily responsibility of collectively distributing and carrying out important tasks,” although I for one would worry more about what the older students might get themselves up to do. This “embryonic democratic society” elicited “a commitment to learning and cultivated the prototypically democratic virtues among its students,” but “not because it treated them as the political or intellectual equals of its teachers,” one is relieved to learn. After all, “were students ready for citizenship, compulsory schooling—along with many other educational practices that deny students the same rights as citizens—would be unjustifiable.”

    To give readers a better notion of what she means by limiting democratic authority with professional expertise, Gutmann looks at three policies that generate controversy in and around schools. They are books, civics, and sex.

    On books, democratic majorities “may be acting within the range of legitimate discretion” in banning certain books from school libraries and school curricula; children are not yet fully citizens, and the right to free speech, extended to reading materials, does not extend to them as fully as it does to adults. As for the right of librarians and teachers to select books, Gutmann recommends “restructuring the process of textbook selection” by opening it to “citizen participation”; such participation, involving deliberation, would “open citizens to the merits of unpopular points of view.” “Restructuring the process rather than constraining its outcomes is likely to have the additional unintended advantage of furthering the education of adults, while they further the education of children”—adults that will include teachers, librarians, and administrators as well as ‘ordinary citizens.’

    On civics, including the civics of the City of God seen in the controversy of teaching creationism as an alternative to evolutionism in public schools, Gutmann is more restrictive. In answer to the question, “Is it within the legitimate authority of a democratic community to insist that biology teachers give the theory of divine creation balanced treatment with the theory of evolution in their classrooms,” she answers with a firm ‘no.’ Biology is biology, not Bible study; as a science, biology has “standards of evidence and verification” that do not include Scriptural interpretation. Creationism “is believable only on the basis of a sectarian religious faith”; teaching it “is as out of place in a biology classroom as is teaching the Lord’s Prayer.” Science is secular, and to pretend otherwise is to violate the principle of non-repression, to inhibit scientific teaching and inquiry. 

    This does not mean that schools must “sacrifice a common moral education,” since moral principles do not necessarily depend upon divine revelation to win conviction. “Public schools can avoid even indirect repression and still foster what one might call a democratic civil religion: a set of secular beliefs, habits, and ways of thinking that support democratic deliberation and are compatible with a wide variety of religious commitments.” Here, she can endorse Noah Webster’s stance: that “every child in America should be acquainted with his own country,” taught to “lisp the praise of liberty and of those illustrious heroes and statesmen who have wrought a revolution in her favor.” She still does not accept Webster’s natural-rights foundation for such knowledge and esteem, but she has no complaints about a reasoned patriotism, a love of one’s own open to criticism of one’s own with a view to improving it. The standard for improvement, however, for her remains citizen deliberation—dialectical reasoning among citizens, not ‘a priori’ principles held to be self-evident. She continues to champion the democratic regime instead of defending any one ‘ontological’ justification for that regime.

    As for “sex education,” she denies schools the authority to impose it, as it “would be unwise…to lead parents to flee the public schools.” Rather, schools should offer parents the option of exempting their students from taking “such courses and rely upon the informal teachings of friends to educate those adolescents who are not themselves committed to their parents’ point of view.” After all, “one of the few things most of us have learned from experience is that adolescents learn more about sex form their friends than from their parents or teachers.”  

    What if conservative or, for that matter, any dissenting parents move to withdraw their students from public schools, anyway? And what if they choose to place them in schools for morally bad reasons? For example, some Christian fundamentalists (Gutmann unfortunately fails to say “some” or “a minority of”) claim that their schools should include no black students because, according to their absurd reading of Scripture, such racial discrimination is divinely ordained. Since “Christian fundamentalists are not just members of a church” but “citizens of our society,” a society that opposes racial discrimination in schools and elsewhere, and since “to exclude anyone from an education on racial grounds constitutes an injustice by our common standards,” state legislatures may require schools operated by such persons to integrate. However, “because the requirements of racial nondiscrimination and religious non-repression conflict in this case,” legislatures are not morally required to do so, by the standards of deliberative democracy. The problem with Gutmann’s argument is that non-white students are not being excluded from “an education” by private, religious schools, however bogus their rationale for doing so may be. They are being excluded from an education at a particular set of schools; a legislature might very well cut off public funding or other direct public support of such schools, but unless a school violates the natural or legal rights of persons actually ‘in’ the school—students, staff—it is hard to see any warrant to require them to integrate, at least on the grounds of “deliberative democracy.” 

    More generally, “If its main purpose is to develop democratic character, how should primary schooling be distributed?” Put another way, in terms of democracy, what is “equal educational opportunity”? Such matters as school funding and busing students to schools outside their neighborhoods for purposes of racial integration arise under framework. One answer has been “maximization”—devoting “as many resources to primary schooling as necessary, and distribut[ing] those resources, along with children themselves, in such a way as to maximize the life chances of all its future citizens.” Given the human tendency to define ‘I need’ as ‘I want,’ under this policy “the state could spend an endless amount on education to increase the life chances of children.” “Yet its resources are limited,” and it ‘needs’ to spend money on other things, as well.

    A policy of “equalization” would require the state “to distribute educational resources so that the life chances of the least advantaged child are raised as far as possible toward those of the most advantaged.” Gutmann judges this feasible, if the inequalities ameliorated are limited to those which “deprive children of educational attainment adequate to participate in the political processes.” Otherwise, (for example) a school that spent extra money on a science program would be required to spend an equal amount of extra money on programs in all other parts of its curriculum, thereby running into the “maximization” dilemma.

    “Meritocracy” is a third policy some schools implement—programs for ‘gifted and talented’ students, for example. This amounts to the reverse of “equalization,” and presents the mirror-image problem. Now, it isn’t that school districts will be financially overburdened with an array of ‘special’ programs but that “children with relatively few natural abilities and little inclination to learn” will receive the least resources and attention. Gutmann considers meritocratic policies acceptable only if schools allocate resources “above the threshold level.”

    How to determine the “threshold level”? She offers two principles to guide educators. The “democratic authorization principle” grants to democratic institutions such as state legislatures “determine the priority of education relative to other social goods,” thus avoiding the dilemma of “maximization.” The “democratic threshold principle,” already stated, specifies “that inequalities in the distribution of educational goods can be justified if, but only if, they do not deprive any child of the ability to participate effectively in the democratic process.” Democratic institutions “still retain the discretionary authority to decide how much more education to provide above the threshold established by the second principle.”

    In terms of financing the democratic threshold principle commits Gutmann to a substantial centralization of authority, inasmuch as local school districts do not enjoy equal available revenues. “More spending entails more taxing, and the tax base of local governments depends heavily on the location of businesses and affluent household, who can relocate—and often threaten to relocate—if school taxes become significantly higher than in other districts.” She judges that “the more practical—and democratically defensible—alternative is to make educational funding the primary responsibilities of states or the federal government.” Given the relative affluence of some U.S. states over others, this really means that the federal government would become the primary funders of schools, unless the Constitution were amended to permit the federal government to require richer states to send a portion of their tax revenues to poorer states. Given the obvious fact that funding always comes ‘with strings attached,’ and given the equally obvious fact that Congressional laws usually leave the details, in which the Devil lurks, to the federal bureaucracy, what centralization of school funding in the name of democracy would really mean is equalization under oligarchy. Gutmann sees this (how could she not?), conceding that “education may be best controlled and distributed locally.” Her compromise between democratic politics and egalitarian distribution of revenue by oligarchs is to limit federal funding and its oversight to “helping disadvantaged children reach the threshold.” 

    With respect to racial integration, she begins by remarking that “the perpetuation of any form of prejudice is a serious problem in a democracy because it blocks the development of mutual respect among citizens, but more serious still is the perpetuation of prejudice against an already disadvantaged minority,” such as American blacks. At the same time, she concedes that many desegregation policies, such as busing, do little to assuage racial prejudice. As a result, democratic institutions are likely to resist those policies, leaving their implementation to judges who, “by virtue of their greater insulation from popular pressure, are in a better practical position than legislators to enact desegregation.” The fact that this in effect makes judges legislators doesn’t seem to concern her; she likes separation of powers so long as one separated power can take over the constitutional function of another, as needed. 

    In summary: “the content of education should be reoriented toward teaching students the skills of democratic deliberation”; financing elementary and high schools should be centralized within the states; financing the education for the education of disadvantaged, including handicapped, children should be federalized. With that, she turns to considering higher education.

    By the time a student reaches college or university, he should have learned “basic democratic virtues, such as toleration, truth-telling, and a predisposition to nonviolence” (it isn’t clear if she means pacifism or simply a disinclination to settle disputes with one’s fists or, nowadays, other weapons). “If adolescents have not developed these character traits by the time they reach college, is probably too late for professors to inculcate them,” she prudently observes. The university’s “primary democratic purpose” is the purpose Tocqueville proposed for aristocracies: “protection against the threat of democratic tyranny.” Universities can do this by serving as “sanctuaries of non-repression” wherein scholars’ academic freedom remains secure and the ‘academies’ themselves enjoy substantial freedom “against state regulation of educational policies.” Whereas the German universities, otherwise the models for many post-Civil War American universities, “were generally self-governing bodies of scholars who made administrative decisions either collegially or through democratically elected administrators, American universities (with few exceptions) are administrated by lay governing boards and administrators chosen by those boards.” In the American setting, academic freedom has meant freedom of professors from administrative authority. This has “made it easy for faculty to overlook their stake in defending their universities against state regulation, to overlook “freedom of the academy.” If, and only if, “taken together,” will these two kinds of freedom “help prevent a subtle but invidious form of majority tyranny”—regulation by state legislatures—without “substituting a less subtle and worse form of tyranny—that of the minority,” the school administrators—in its place.

    As a matter of fact, by granting degrees needed to qualify for certain kinds of work, universities “serve as gatekeepers to many of the most valuable social offices, particularly in the professions.” That is, universities set the standards for other ‘aristocratic’ classes within the democratic regime. By what standards should universities proceed in this role? Gutmann questions the utility of utilitarian standards. “As long as they must look for measurable and commensurable values, universities that try to maximize the social value added of their students must take their signals from the job market.” There are indeed agencies that gather and publicize statistics on the earning power of each American college and university over a lifetime. But “if employers are racist or anti-Semitic, so will universities be in the guise of maximizing social utility.” At the same time, she wants to avoid the opposite view, whereby the university aspires to “the ideal of a community united solely by the pursuit of knowledge for its own sake,” which “may have made more sense where it first flourished,” in the slaveholding Athenian polis, where hard physical labor was imposed upon everyone but free men. This would exclude most citizens in America’s business-is-business commercial republic from universities; so many of us work for a living, even if we are not slaves.

    As before, Gutmann’s deliberative democracy hearkens to the example of Aristotle’s mixed regime. “Is there, then, an ideal university community by democratic standards? Yes and no. To the extent that there is an ideal community, it is one whose members are dedicated to free scholarly inquiry and who share authority in a complex pattern that draws on the particular interests and competencies of administrators, faculty, students, and trustees.” Her term for this mixed regime is “principled pluralism,” which is clever of her.

    How shall access to this mixed regime serving an aristocratic function within the deliberative democracy be distributed? What are the relevant standards for the admission of its temporary class of citizens, the students? Academic ability is the most obvious criterion, but the university should also seek “people who will use their knowledge to serve society well,” and that requires such moral virtues as “honestly, reliability, leadership, and a capacity to work well with others.” Character is harder to measure than test scores, but far from impossible, as she nicely puts it, “to discern.” That’s why admissions committees conduct interviews. Nonacademic qualifications for prospective students are licit, so long as they are “publicly defensible” by the standards of deliberative democracy, “related to the purposes to which the university is publicly dedicated,” and “related to associational purposes that are themselves consistent with the academic purposes that define a university as such”—that capacity to work well with others. 

    When addressing the question of admissions standards in recent decades, the issue of racial quotas and of “affirmative action” inevitably appear. Universities have long favored what amounts to affirmative action, if not quotas, on behalf of alumni children, athletes, and other non-academic categories. Why not affirmative action on behalf of racial minorities, too, especially if they have been excluded in the past, or if they still face obstacles to academic achievement in primary schools, obstacles such as poverty, ‘systemic racism,’ and so forth? Over time, she assures her readers, “as our society becomes more egalitarian and the experience of being black becomes less relevant to the educational and social purposes of universities, the case that members of admissions committees make for preferring black applicants over more academically qualified white applicants will become weaker.” She wants to keep all such policies within the universities operating under the principle of “freedom of the academy” from federal and state legislative command. Legislatures might demand that universities undertake to contribute to “reparations” for past slavery and present racism, but “universities are not the appropriate, or the most effective, agents of reparations.” She does rather like racial quotas in medical schools, since the less qualified M.D.s tend to go into the less lucrative, but more needed, field of general practice, and the medical schools have oversupplied American society with specialists. For this reason, while med schools should “avoid admitting black applicants whose academic qualifications” don’t make it likely that they will “do satisfactory work,” they “would still be free to prefer black applicants who are academically qualified over white applicants who are academically more qualified.”

    In her 1999 Epilogue, Gutmann addresses multiculturalism, patriotism, and cosmopolitanism. Multiculturalism calls for toleration but more, “public recognition of cultural differences.” “To teach United States history largely without reference to the experiences of Native Americans, African Americans, Latino Americans, and Asian Americans…constitutes an intellectual failure to recognize the contributions of many different cultures—and the contributions of individuals who identify with those cultures—to United States history.” While doubtless true, to leave it at that would be to commit the intellectual failure of supposing that United States history, crucially inflected by the character of the regime founded in 1776, has been primarily the work of white men—for better and for worse, but mostly for better, as will be seen if one follows the Gutmann’s own recommendation to study other regimes and states in other countries. And indeed, Gutmann herself insists that “a multicultural history should not imply—let alone claim—that competing cultural beliefs and practices are equally valuable.” Being committed to deliberative democracy, she is no cultural relativist. “The actual practice of a relatively peaceful democratic politics, with all its flaws…tends to be more conducive to cultivating mutual respect than does the actual practice of world politics.”

    To this she adds some entirely sensible cautionary paragraphs about any multiculturalism that attempts cosmopolitanism. Schooling lasts for a couple of decades, at most. That is “too short a timeframe in which to teach everything.” And to focus on “domestic history and politics” enables us to become citizens who pursue “justice, not only within but also beyond [our] country’s borders.” A moderate “republican patriotism”—the love of our country but also the love of its decent regime—can dampen the fires of nationalism.

    It is in Gutmann’s ‘politics of recognition’ that the difficulties inherent in her eschewal of natural right show themselves. Deliberative democratic education takes nourishment from “a commitment to equal respect for persons,” for their “equal dignity and civic equality.” But a commitment is an act of will, not of reason. What makes human beings respectable? What gives them their dignity? If not nature or God, or both, what? When she writes that even “republican patriotism does not full respect the basic liberty of persons,” what is this if not a tacit admission that she needs something like a theory of natural right that endows persons with a moral claim to such a “basic liberty”?

    In her “deliberative democracy,” Gutmann has constituted a sort of egalitarian Burkeanism, a Burkeanism of the ‘Left.’ As such, it surely towers above the current educational fevers, which are egalitarian without being either deliberative or democratic. Whether it can suffice to lower those fevers remains to be tested.

     

    Notes

    1. Accordingly, Gutmann dislikes the ‘voucher’ system, whereby parents dissatisfied with the local public schools are permitted to use tax monies to pay for private education. She prefers to improve public schools. That would be a very good thing, although it is also a long-range thing, and parents cannot be expected to wait for public schools to improve during the decade-and-a-half it takes to bring a child through primary schooling. The competition might even spur bad schools to become better.
    2. See Paul Eidelberg and Will Morrisey: Our Culture ‘Left’ or ‘Right.’ Lewiston: The Edwin Mellen Press, 1992.
    3. A variation of federalism might even be applied within schools themselves in order to counter bureaucratic sclerosis in the larger public schools. Gutmann endorses a policy outlined by Ernest Boyer, who would “organize large schools into several smaller ‘schools-within-a-school,'” a structure which would bring administrators closer to the teachers and students they minister to. This, she hopes, would “prevent educational bureaucracies from destroying professional autonomy while creating the potential for more local participation in the making of school policy.”

     

     

     

     

     

     

     

    Filed Under: American Politics

    Liberal Multiculturalism, II: Kymlicka’s Restatement

    March 16, 2022 by Will Morrisey

    Will Kymlicka: Multicultural Citizenship: A Liberal Theory of Minority Rights. Oxford: The Clarendon Press, 1995.

     

    By “minorities,” Kymlicka means, primarily, national minorities, that is groups “whose homeland has been incorporated into the boundaries of a larger state, through conquest, colonization, or federation.” Such incorporation has often been solemnized by treaty. With 600 “living language groups” spread out over the then-existing 184 independent states, and with increased tension between many of those minority groups and the states that ruled them, Kymlicka contends that “finding morally defensible and politically viable answers to these issues is the greatest challenge facing democracies today,” seeing that “since the end of the Cold War” (a few years prior to his writing), “ethno-cultural conflicts have become the most common source of political violence in the world, and they show no sign of abating.” This was also true in the earlier part of the twentieth century, when the treaties governing minority populations proved “inadequate.” On the one hand, “a minority was only ensured protection from discrimination and oppression if there was a ‘kin state’ nearby which took an interest in it”; Jews in Europe were out of luck. But even “where such kin states did exist, they often used treaty provisions as grounds for invading or intervening in weaker countries,” as Nazi Germany did in Poland and Czechoslovakia.

    After the Second World War, “it was clear that a different approach to minority rights was needed,” and liberals turned to “human rights” as their new formula, causing the newly formed United Nations to replace the League of Nations’ references to ethnic and national minority rights with its Universal Declaration of Human Rights. After all, they reasoned, the agony of religious warfare in Europe ended when regimes began to acknowledge the existence of natural rights of life, liberty, and property, protecting them by separating churches and states and guaranteeing individuals’ right to religious freedom. In the revised liberal view, “ethnic identity, like religion, is something which people should be free to express in their private life, but which is not the concern of the state.” 

    The problem was that human rights, whether conceived as natural or ‘historical,’ do not tell us much about “some of the most important and controversial questions relating to cultural minorities,” including the languages used in public institutions, education funding, representation in public offices, federalism, voting rights, and entitlement to natural resources. “The problem is not that traditional human rights doctrines give us the wrong answer to these questions. It is rather that they often give us no answer at all.”

    “A liberal theory of minority rights…must explain how minority rights coexist with human rights, and how minority rights are limited by principles of individual liberty, democracy, and social justice.” Kymlicka had already taken up this challenge in his previous book, but this one is much better written because less ‘academic.’ He spends a lot less time contending rival liberal theorists, which has the effect of clearing things of jargon.

    Although there are many forms of “cultural pluralism,” the main ones are national minorities—once self-governing, still territorially concentrated cultures incorporated (voluntarily or involuntarily) into a larger state—and ethnic groups—often immigrants (voluntary or involuntary, as in the case of American slavery), territorially dispersed, who seek not self-government as a people but self-government within the political institutions of the state. Kymlicka calls states with national minorities “multination states,” states with ethnic minorities “polyethnic states.” Some states are both multinational and polyethnic—for example, the United States. A “culture” is a defining element of a “nation” or “people,” along with a distinct language and a shared history. Indeed, as Kymlicka announces, he will use the terms “culture,” “nation,” and “people” as synonymous, defined as “an intergenerational community, more or less institutionally complete, occupying a given territory or homeland, sharing a distinct language and history.” In the United States, such incorporated nations as the several Amerindian groups, Puerto Ricans, Hawaiians, Chamorros, and the original Chicanos (those incorporated after the Mexican War of 1846-48) often acquired “a special political status”—reservations for the Indians, commonwealth status for Puerto Rico, protectorate status for Guam—and/or special economic status—e.g., land use rights for native Hawaiians, some Indian tribes, and Chamorros—and/or linguistic status—equal status in schools, courts, and other governmental entities, as for Hawaiians and Chamorros. To grant such special rights has made little difference in the country as a whole, since “most of these groups are relatively small and geographically isolated,” a “fraction of the overall American population.” 

    Multination states need not be disunited; such citizens may “view themselves for some purposes as a single people,” as in Switzerland. Kymlicka thus distinguishes between patriotism, “the feeling of allegiance to a state,” from “national identity, the sense of membership in a national group.” He goes so far as to claim that national groups “feel allegiance to the larger state only because the larger state recognizes and respects their distinct national existence.” On the contrary, it is quite likely that the larger state also provides a free trade zone for all groups and provides much stronger military defense than any single group could muster alone. These benefits in turn reinforce the patriotism that derives from a shared history. That is, the history of a national minority ‘taken in itself’ often overlaps with the history of a national minority living within a multinational state, as for example the Navajo and Lakota code talkers, who secured U. S. army messages against German codebreakers in two world wars.

    The immigration that produces polyethnic states has been addressed quite differently at different times. In the United States, Canada, and Australia, for example, “prior to the 1960s, immigrants were expected to shed their distinctive heritage and assimilate entirely to existing cultural norms.” This was “seen as essential for political stability, and was further rationalized through ethnocentric denigration of other cultures”—the last point being Kymlicka’s rather solemn riff on G. K. Chesterton’s observation that wherever you go in the world, foreigners are seen as funny. Political stability, indeed: citizens in all three countries understood that many immigrants came from countries where republican regimes had never existed, that immigrants often brought anti-republican ideologies and habits of mind and heart with them, a point Kymlicka doesn’t trouble himself to emphasize. At any rate, “beginning in the 1970s, under pressure from immigrant groups”—who quickly learned to ‘work’ the republican regimes even as they did not entirely respect them—each of the “Anglo” countries “rejected the assimilationist model, and adopted” what Kymlicka is pleased to call “a more tolerant and pluralistic policy which allows and indeed encourages immigrants to maintain various aspects of their ethnic heritage.” Many of these policies were politically trivial—respecting the immigrants’ “food, dress”—and some not always so—religion. “In rejecting assimilation,” such immigrant groups did not usually attempt “to set up a parallel society, as is typically demanded by national minorities,” although this has been done in the past—quite notably by English-speaking colonists in North America and elsewhere, Spanish colonists in Puerto Rico, French colonists in Quebec. “It is an essential feature of colonization, as distinct from individual emigration, that it aims to create an institutionally complete society.” 

    Kymlicka aims at “mak[ing] a more tolerant and inclusive democracy” regarding the national minorities—civic nations as distinguished from ethnic nations—as the argument for equal inclusion of ethnic groups has been made by many other advocates of liberal democracy. This must raise the issue of regime—specifically, of what a “democracy” is and what justifies it. 

    Liberal-democratic republics typically offer three types of group-differentiated rights. First, they attempt to secure protection of the civil and political rights of individuals. Kymlicka rejects as “profoundly mistaken” the claims of “various critics of liberalism,” ‘Left’ and ‘Right,’ who argue “that the liberal focus on individual rights reflects an atomistic, materialistic, instrumental, or conflictual view of human relationships.” In fact, “individual rights can be and typically are used to sustain a wide range of social relationships,” as Tocqueville saw when he described Americans as master of the art of association. Second, such regimes also offer several kinds of group-specific rights, various forms of self-government without full sovereignty. These include federalism, which leads to well-known difficulties in balancing “centralization and decentralization,” and reservations, which may include higher levels of self-government than seen in states (in the U.S.) or provinces (in Canada). Indian reservations today “are becoming, in effect, a third order of government, with a collection of powers that is carved out of both federal and state-provincial jurisdictions.” Regarding federalism, the United States and Canada differ, as Americans made “a deliberate decision” not “to use federalism to accommodate the self-government rights of national minorities,” whereas Canada established Quebec as just such an accommodation. While the American approach “has tended to make national minorities in the United States more vulnerable,” lacking as they do “the same constitutional protection as states’ rights,” it also provides “greater flexibility in redefining those powers so as to suit the needs and interests of each minority” within a given state.

    The second form of group-differentiated rights in liberal-democratic republics are polyethnic rights: self-expression of cultural norms and customs, educational accommodations, public funding for ethnic associations, museums, and festivals, and exemptions from certain laws. These aren’t truly group rights, however, as they aim at “help[ing] ethnic groups and religious minorities express their cultural particularity and pride without it hampering their success in the economic and political institutions of the dominant society.” They are often intended to break down social prejudices against such minorities, again enhancing full civic and political participation for them as equal citizens in practice, not only ‘in theory.’ 

    “Special representation rights” are the third form of group-differentiated rights. These are much more controversial than the others. Such rights would entitle minorities to reserved seats in state-provincial and/or national legislatures. Kymlicka considers them “a form of political ‘affirmative action,'” whereby republics would remedy “some systemic disadvantage in the political process which makes it impossible for the group’s views and interests to be effectively represented,” sometimes to the point of considering this “a corollary of self-government.” In this second, stronger rationale, representation would be offered not as a temporary, remedial measure (as ‘affirmative action’ was once advertised to be) but as a permanent institutional feature of the regime. As Kymlicka remarks, there is no reason in principle why such representation would not extend to the courts, including the U.S. Supreme Court or (one might add) to the executive, in national and state/provincial bureaucracies. 

    What justifies such arrangements, beyond an intention to appease obstreperous constituents? “A liberal democracy’s most basic commitment is to the freedom and equality of its individual citizens.” If so, “then how can liberals accept the demand for group-differentiated rights by ethnic and national minorities?” Because, although “it is natural to assume that collective rights are rights exercised by collectivities, as opposed to rights exercised by individuals, and that the former conflict with the latter,” such “assumptions do not apply to many forms of group-differentiated citizenship.” 

    Kymlicka begins by distinguishing two kinds of claims made by national and ethnic groups: those made by the group “against its own members,” restricting internal dissent in order to protect the group from instability; and those made “against the larger society” in order to protect the group against decisions made by that society. Internal restrictions, external protections. All groups, qua group, impose restrictions on their members, whether the group in question is a country or a bridge club. “All governments expect and sometimes require a minimal level of civic responsibility and participation from their citizens.”

    Some groups go further, going beyond restrictions needed to uphold freedom and equality and compelling members “to attend a particular church or to follow traditional gender roles”—restricting what Kymlicka calls “basic civil and political liberties,” although he doesn’t pause to explain why traditional gender roles violate basic civil and political liberties. [1] As always, he is particularly concerned with restrictions on the right of group members “to question and revise traditional authorities and practices.” In the United States, for example, Amerindian tribal councils were long exempt from penalties against violating the Bill of Rights, and even after the 1968 Indian Civil Rights Act, a tribal member may not usually appeal an alleged violation to the United States Supreme Court. The tribes have argued that their regimes do respect government by consent but achieve it in ways unlike those stipulated in the American regime. Kymlicka evidently agrees, although he draws the line on Pueblo restrictions on religious liberty, again on the grounds of protecting the right to dissent. 

    Some groups might also deploy external protections in a way that violates freedom and equality, as white South Africans did with apartheid. “However, external protections need not create such injustice” because special representation rights, land claims, or language rights to a minority need not, and often does not, put [the minority group] in a position to dominate other groups.” Indeed, such external protections may “promote fairness between groups.” For this, Kymlicka deems it especially important to protect land rights, as “struggles over land are the single largest cause of ethnic conflict in the world.” Since “history has shown” that the power “to establish reserves where the land is held in common and/or in trust, and cannot be alienated without the consent of the community,” is “the most effective way to protect indigenous communities from” external economic and political power, he endorses such restrictions on individual property rights within minority national communities. 

    Kymlicka thus establishes that individual rights will always be compromised when individuals become members of groups, and that some individual rights must be restricted if the group intends effectively to defend ‘core’ individual rights. My individual right to liberty may be restricted if I threaten your life. So far, this is standard liberalism. The question then becomes, what is the hierarchy of rights? Which should be sacrificed in order to protect the others?

    Kymlicka first turns to the history of liberalism, showing that “for most of the nineteenth century and the first half of the twentieth, the rights of national minorities were continually discussed and debate by the great liberal statesmen and theorists of the age,” although they often disagreed with one another about what those rights should be. Wilhelm von Humboldt and Giuseppe Mazzini, for example, argued that “the promotion of individuality and the development of human personality is intimately tied up with membership in one’s national group, in part because of the role of language and culture in enabling choice.” [2] This form of liberalism opposed imperialism, or at least any form of imperialism that failed “to grant political powers to the constituent nations within” the empire. Some, like Mill, further argued that liberalism itself required nation-states, since without a shared “sense of political allegiance” buttressed by a “common nationality,” people will be reluctant to grant civil and political liberties to their fellow citizens. 

    Kymlicka doesn’t like the sound of that. Mill, he charges, was being “ethnocentric,” if not racist. Others who argued in his way really were racists. “The great nations were seen as civilized, and as the carriers of historical development.” By contrast, the smaller nationalities were considered “primitive and stagnant, and incapable of social or cultural development.” Historicism, then, is fine with Kymlicka as long as it undergirds equality and liberty, bad when it doesn’t. In fact, he observes, “other liberals” such as Lord Acton, “argued the opposite position, that true liberty was only possible in a multination state” because the several nationalities check and balance one another while effectively resisting overbearing centralized power. English liberals in particular “were constantly confronted with the fact that liberal institutions which worked in England did not work in multination states,” as “many English liberal institutions were as much English as liberal,” “only appropriate for a (relatively) ethnically and racially homogeneous society such as England.” The question would then be, how can the liberal principles of equality and liberty be secured in practice in any particular civil society? [3] This leads Kymlicka to call for “truly international mechanisms for protecting national minorities that do not rely on the destabilizing threat of intervention by kin states,” as he was seeing in the 1990s, when “Hungary declared itself the protector of ethnic Hungarians in Slovakia and Romania” and “leaders in Russia and Serbia” made similar pronouncements regarding “ethnic Russians in the Baltics and ethnic Serbs in Bosnia and Croatia.” He also admits that internationalism failed when institutionalized under the League of Nations and does not show why the United Nations would do better. 

    Nor have socialists done any better than liberals. As historicists, they too have endorsed notions of historical evolutionism whereby some nations are deemed ‘progressive,’ others ‘backward.’ But Kymlicka applauds socialism’s more recent iterations “Whereas Marx thought that bigger was better, many socialists (and environmentalists) now think that small is beautiful,” since “certain kinds of community and collective action are only possible in small groups.” However, “this is not necessarily the case,” for “decentralization only meets the needs of national minorities if it increases the capacity of the group for self-government.” A small governmental unit might still leave a minority group in the minority, without defense against those who control the local government.

    Moreover, in practice “socialists have often appealed to cultural identity where this was helpful in gaining or maintaining power.” In the Soviet Union, the Communist Party made such appeals for tactical reasons, “support[ing] nationalist movements in non-Communist countries in the hope of destabilizing Western countries or Western allies in the Third World.” Within the Soviet Union itself, Lenin cheerfully granted language rights to minorities, so long as those languages were used to convey socialist propaganda. For him and for his successor, Josef Stalin, national identity “was simply an empty vessel that could be filled up with Communist content.” 

    Given these theoretical and practical complications, Kymlicka needs to clear a theoretical path toward clarifying the relation between individual rights and national rights. He now moves “to show that minority rights are not only consistent with individual freedom, but can actually promote it.” He will argue that “the liberal value of freedom of choice has certain cultural preconditions, and hence issues of cultural membership must be incorporated into liberal principles.”

    Although the term ‘culture’ “has been used to cover all manner of groups, from teenage gangs to global civilization,” he will use it to mean “societal culture,” that is, “a culture which provides its members with meaningful ways of life across the full range of human activities, including social, educational, religious, recreational, and economic life, encompassing both public and private spheres.” Usually “territorially concentrated and based on a shared language,” but often dwarfed by majority societal cultures around them wielding the resources of the centralized modern state, minority cultures now need institutional embodiment in “schools, media, economy, government, etc.” That is, what Kymlicka calls societal cultures are really what Aristotle calls regimes, which consist of rulers, ruling offices or institutions, ways of life, and purposes the rulers, ruling offices, and ways of life aim at securing. What these regimes lack, however, is full self-government or sovereignty.

    They have been eclipsed by “the process of modernization.” Statesmen typically want “a common culture, including a standardized language, embodied in common economic, political, and educational institutions” fostering patriotism (including citizens’ or subjects’ willingness “to make sacrifices for each other”) and (if those states are republics) “equality of opportunity,” often in commercial markets with no internal trade barriers. Such a regime has in fact prevailed in the United States, which has “integrated an extraordinary number of people from very different backgrounds into a common culture,” with only “a relatively small number of minority cultures.” By the third generation, immigrant families find that “learning the mother tongue” of their grandparents “is not unlike learning a foreign language.” With the spirit of liberalism, modern states, especially those with republican regimes, enable citizens to “choose their own plan of life,” so long as their choices remain within the legal framework. “It is only through having access to a societal culture that people have access to a range of meaningful options” respecting their life plans. 

    But is such individual choice “tied to membership in one’s own culture”? If a person has “a deep bond” with his own culture, should immigrant groups “be given the rights and resources necessary to recreate their own societal cultures”? And “what if a culture is organized so as to preclude individual choice”? Kymlicka claims, dubiously, that to refuse to enable such persistent cultural bonding “treats the loss of one’s culture as similar to the loss of one’s job.” But of course liberal societies put few if any restrictions on changing one’s job because changing one’s job in no way threatens social solidarity and may well enhance social prosperity. While it is undoubtedly true that “people’s self-respect is bound up with the esteem in which their national group is held,” given Kymlicka’s tacit acknowledgment that a societal culture is really a regime, why should the dominant regime not insist on some substantial degree of conformity to its principles and practices? This is especially true of immigrants, who have placed themselves under the authority of the regime voluntarily. It is somewhat less true for refugees, if their presence is temporary—as it often turns out not to be. As for what Kymlicka calls national minorities, the question would be: To what extent will their self-government interfere with the regime of the state? It is true that large modern states are not small city-states, and so can tolerate a greater degree of divergence from the regime, especially if the national minorities are small, with enclaves not located on geostrategic chokepoints. The question remains, what degree? And what kind of principles and practices are tolerable? 

    To these questions, Kymlicka replies that “the aim of liberals should not be to dissolve non-liberal nations, but rather to liberalize them,” an ambition which “may not always be possible,” although sometimes it is: “it is worth remembering that all existing liberal nations had illiberal pasts, and their liberalization required a prolonged period of institutional reform.” And no regime or “societal culture” will likely allow immigrants to colonize it. Kymlicka remarks that “liberals want a societal culture that is rich and diverse, and much of the richness of a culture comes from the way it has appropriated the fruits of other cultures.” This, presumably, on the grounds that “richness” and diversity offer a widened palette of life-plan choices for the citizens. 

    What about the exigencies of justice? Every regime will enforce some idea of justice. To what extent can numerous and diverse cultures co-exist, and even enhance one another, without interfering with that idea. “Protecting one person’s cultural membership has costs for other people and other interests, and we need to determine when these trade-offs are justified.”

    Kymlicka argues against those liberals who say that “a system of universal individual rights already accommodates cultural differences, by allowing each person the freedom to associate with others in the pursuit of shared religious or ethnic practices.” If a given way of life is perceived to be valuable, it “will have no difficulty attracting adherents,” and to give extra political heft to a minority national culture will place an unjust burden on those footing the bill with money or votes. Kymlicka charges that this view “is not only mistaken, but actually incoherent,” since “the state unavoidably promotes certain cultural identities, and thereby disadvantages others.” But so what?

    He answers this question in four ways. The “equality argument” holds that “some groups are unfairly disadvantaged in the cultural market-place, and political recognition and support rectify this disadvantage.” This, on the basis of “the importance of cultural membership.” “External protections” will “ensure that members of the minority have the same opportunity to live and work in their own culture as members of the majority.” Members of the majority regime “cannot reasonably ask people” to sacrifice what remains of their own regimes. To be sure, “this equality-based argument will only endorse special rights for national minorities if there actually is a disadvantage with respect to cultural membership, and if the rights actually serve to rectify the disadvantage.” For example, “one could imagine a point where the amount of land reserved for indigenous peoples would not be necessary to provide reasonable external protections, but rather would simply provide unequal opportunities to them.” To protect the minority nation’s language, Kymlicka advocates government subsidy of education in that language, lest it become extinct; presumably, he would also insist on schooling in the dominant language, without which shared citizenship in the larger regime would be impeded. On the basis of the “equality argument,” a “fair way to recognize languages, draw boundaries, and distribute powers” consists of “ensuring that all national groups have the opportunity to maintain themselves as a distinct culture, if they so choose,” leaving decisions about which particular aspects” of that culture “are worth maintaining and developing” to “the choices of individual members,” whose right to do that will be ensured against the intentions of the minority regime if it denies the right itself.

    Kymlica’s second answer rests on history. “What are the terms under which two or more peoples decided to become partners?” An existing treaty might be unfair in the light of liberalism. For example, “if the members of the national minority never gave the federal government the authority to govern them in certain areas, the federal government is unlikely to accept responsibility for funding minority self-government.” Generally, arguments drawn from the history of intergroup relations will not suffice because circumstances change and treaties may need to be renegotiated accordingly.

    His third answer is the ‘value of cultural diversity’ argument, made earlier. Whereas the equality argument and the argument from history “appeal to the obligations of the majority, this third argument appeals to the interests of the majority,” defending “rights in terms of self-interest not justice.” In addition to the aforementioned appeals to the benefits of cultural richness and diversity, an example of this kind of argument is the claim that “traditional lifestyles provide a model of a sustainable relationship to the environment.” Such arguments may be persuasive, “but it is not clear that any of these values by themselves can justify majority rights” [emphasis added], because “the benefits of diversity to the majority are spread thinly and widely whereas the costs for particular members of the majority are quite high”: “unilingual anglophones residing in Quebec or Puerto Rico are unlikely to get government employment or publicly funded education in English.” Like the historical argument, then, the ‘cultural diversity’ argument will prove good as a supplement to the “equality argument,” but not as the primary argument for national rights or ethnic rights. 

    Finally, there is an argument based on an analogy with states. Liberals recognize that for the time being the world will consist of sovereign states with the right to ‘self-determination’ or self-government, and indeed sovereign self-government, often (as liberal internationalists will insist) within the framework of international law. Kymlicka maintains that “the right of states to determine who has citizenship rests on the same principles which justify group-differentiated citizenship within states and that accepting the former leads logically to the latter.” Even under liberalism, which makes so much of individuals’ rights, “not everyone can become a citizen, even if they are willing to swear allegiance to liberal principles.” While “some critics have argued that liberals cannot justify this restriction, and that the logic of liberalism requires open borders” under conditions other than a threat to the public order, this does not hold if liberalism remains “indifferent to people’s cultural membership and national identity.” As earlier remarked, in England, English rights and liberal rights have often mingled in ways the English would not care to disentangle. While this must be so, it is also true that Kymlicka scants the firm liberal insistence on social contract, sometimes formal but often (as in England and Canada) unwritten but nonetheless elaborated in a set of statutes and court decisions, changeable with changing circumstances.

    Kymlicka quite sensibly writes, “There is no simple formula for deciding exactly what rights should be accorded to which groups.” Given these “unavoidable indeterminacies,” and given “the complexity of the interests, principles and historical circumstances at stake,” these matters “must be resolved politically, by good-faith negotiations and the give and take of democratic politics.” But, of course, this raises another set of questions concerning the institutional structure of democratic politics—issues such as redistricting, guaranteed representation, and proportional representation. While “the middle-class white men who dominate politics in most Western democracies are not demographically representative of the population at large, they are the elected representatives of the population at large,” often enjoying “widespread electoral support from minority and disadvantaged groups.” It isn’t at all certain that “people can only be fully ‘represented’ by someone who shares their gender, class, occupation, ethnicity, language, etc.” Oddly, Kymlicka never mentions ‘ideology’ or political doctrine as a criterion for ‘being represented. Yet what is more bound up with the idea of rights, individual or ‘groupish,’ than political doctrine? He does see that “the argument that members of one group cannot understand the interests of other groups” would “undermine the possibility of group membership as well,” since every group has a range of subgroups. “The principle of mirror representation seems to undermine the very possibility of representation itself”: under its terms, “How can anyone represent anyone else?” It also undermines the principle of democracy, since majorities are achievable but unanimity nearly impossible. Therefore, the only form of group representation he endorses is a temporary form, similar to affirmative action, intended to redress injustices entrenched in the past. He does not say how such a form of representation would not itself likely become entrenched, therefore (eventually) unjust. Generally, then, “the right of self-government is a right against the authority of the federal government, not a right to share in that authority,” as (for example) to guarantee Indians seats in the legislature might simply mean that they would have gained the right to be outvoted, particularly with regard to the issues of federalism, the degree of central government control over their own communities, that they are most anxious to guard.

    To put it another way, if one wants to know what groups should be represented in the national legislature (or in any other branch of government), one would need to know if they experience “systemic disadvantage in the political process” and whether they have a reasonable claim to self-government, based on the ideas of justice sketched earlier. But if you add up the “oppressed groups” in the United States—women, ethnic, national, and sexual minorities, among others—they add up to 80 percent of the population. Why would they not begin to oppress the remaining 20 percent? While group representation “is not inherently illiberal or undemocratic,” it raises “difficult questions.”

    And what if “the demands of some groups exceed what liberalism can accept”? Liberalism may not require one regime, but it cannot tolerate all regimes. Kymlicka has already articulate “two fundamental limitations on minority rights”: requirements by minority cultures “to restrict the basic civil or political liberties” of “their own members”; in terms of what he’s called “external protections,” “liberal justice cannot accept any such rights which enable one group to oppress or exploit other groups,” as in slavery, apartheid, or segregation. “In short, a liberal view requires freedom within the minority group, and equality between the minority and majority groups.” Groups that attempt to push past these limits may do so because to accept them “might imply that the internal structure of their community should be reorganized according to liberal standards of democracy and individual freedom”—it might indeed imply regime change. It isn’t only that such resistance would “limit the freedom of individual members within the group to revise traditional practices,” as Kymlicka points out; it would actually require the group to “revise” those practices. 

    Some might say means that “to find room for minority rights within liberal theory…requires qualifying these rights in such a way that they no longer correspond to the real aims of minority groups.” (I would be among those who say so.) “Is the insistence on respect for individual rights not a new version of the old ethnocentrism, found in Mill and Marx, which sets the (liberal) majority culture”—in the case of Marx, it must be said, a decidedly illiberal minority culture, the culture of communist parties—as “the standard to which minorities must adhere”? Only if liberalism is ethnocentric, one might well reply. While modern liberalism unquestionably originated in Europe, under conditions of modern statism, does that make it ethnocentric in principle, to its core? Not really, as the many non-European liberal regimes attest. 

    What Kymlicka wants to get at is that there are forms of toleration which are not liberal. In the past, they have centered on ‘culture’ in the original sense—on cult, on religion. For example, the longstanding Ottoman Empire permitted Muslims, Christians, and Jews to practice their religions more or less in peace, without requiring them to abstain from severe restrictions on individual liberties within each of those groups. “This system was generally humane, tolerant of group differences, and remarkably stable,” if not liberal, not respecting individual freedom of conscience, allowing intra-group repression of heterodoxy. The Ottoman state amounted to “a federation of theocracies.” Locke, Kant, and Mill would not approve, and Marxian atheists would shrink from it in horror and indignation. 

    “So it is not enough to say that liberals believe in toleration. The question is, what sort of toleration?” If “liberal tolerance protects the right of individuals to dissent from their group, as well as the right of groups not to be persecuted by the state,” then liberalism requires a regime with a state apparatus sufficiently powerful to reach into ethnic and even national minority communities to protect dissenters but sufficiently gentle not to injure religionists who do not persecute their own dissenters. But what if non-liberal minorities “want internal restrictions that take precedence over individual rights”? Should the liberal regimes act to prevent this? That is, “does a third party have the right to impose liberal principles on another society” by coercive measures? If so, to what extent? 

    “Many nineteenth-century liberals, including John Stuart Mill,” went so far as to say that “liberal states were justified in colonizing foreign countries in order to teach them liberal principles.” Although most “contemporary liberals” have “abandoned this doctrine as both imprudent and illegitimate,” depending instead upon such nonviolent methods as “education, persuasion, and financial incentives,” they continue to hold coercion legitimate in dealing national minorities. Kymlicka objects. “Both foreign states and national minorities form distinct political communities, with their own claims to self-government.” To the obvious question—So what?—he can only sputter about aggression, paternalism, colonialism, while worrying that “these attempts often backfire.” Indeed, they often do, but that is no principled objection. He is surely right to say that “liberal institutions can only really work if liberal beliefs have been internalized by the members of the self-governing society, be it an independent country or a national minority,” but that only begs the question of how that might more effectively be accomplished.

    As for Kymlicka, he holds out the hope of negotiations. Given the fact that “members of some minority cultures reject liberalism,” representatives of “the liberal majority will have to sit down with the members of the national minority, and find a way of living together,” carefully identifying what the “views” of the illiberal minority are and seeking some modus vivendi on the basis of any shared opinions that may exist. He hopes that gradually, over time, the illiberal minority will liberalize and, in the meantime, with their right to self-government respected, their liberalization will be ‘from within,’ not imposed. That sort of approach might work with a national minority that posed no serious threat to the liberal regime of the surrounding state. There would surely be times when civil war might quite rightly result, however, and the policy gives little or no help when confronting formidable illiberal regimes ruling foreign states. 

    Will “group-differentiated minority rights” lead to disunity in a country, ruin a liberal regime? Whereas “the impulse underlying representation rights” for minorities “is inclusion, not separation,” such inclusion is on the basis of separation. Although “there is strikingly little evidence that immigrants pose any sort of threat to the unity or stability of a country,” and indeed subsequent generations of immigrants are often ardent patriots, national minorities “pose a more serious challenge to the integrative function of citizenship.” Such minorities may claim “that there is more than one political community” within the larger state, and that the state “cannot be assumed to take precedence over the authority of the constituent national communities.” Kymlicka acknowledges that “it seems unlikely that according self-government rights to a national minority can serve an integrative function.” Such rights instead “give rise to a sort of dual citizenship, and to potential conflicts about which community citizens identify with most deeply”; indeed, “there seems to be no natural stopping point to the demands for increasing self-government.” The dilemma is that “imposing common citizenship on minorities which view themselves as distinct nations or people is likely to increase conflict in a multination state.” Both liberal and Communist states have failed in wielding their substantial powers to change the “national consciousness” of minorities within their empires. “Since claims to self-government are here to stay, we have no choice but to try to accommodate them,” and, he maintains, “self-government arrangements diminish the likelihood of violent conflict,” especially since outright secession only establishes a national state on or within the borders of the larger state, with all the attendant dangers that implies.

    Some liberals, including Rawls, have hoped to establish good relations among such different ‘cultures’ or regimes on the foundation of “a shared conception of justice.” But, as Kymlicka observes, “shared values are not sufficient for social unity.” Sweden and Norway share ‘values,’ but they have no interest whatsoever in uniting into one country. [4] What’s required for political union “seems to be the idea of a shared identity“—a “commonality of history, language, and maybe religion,” and especially “pride in certain historical achievements,” such as the American founding. Since “in many multination states history is a source of resentment and division between national groups, not a source of pride,” this may prove a dead end. Why would American Indians, or indeed most ethnic minorities in America, feel pride in the American founding, an achievement largely of English colonists? 

    There is, then, no “generalized” solution to the problem. “A country founded on ‘deep diversity’ is unlikely to stay together unless people value deep diversity itself, and want to live in a country with diverse forms of cultural and political membership.” And “even this is not always sufficient.” Rather, members of the several national groups “must value…the particular ethnic groups and national cultures with whom they currently share the country.” But on the basis of what? There must be a shared “patriotism” felt for the overall state, but “liberal theory has not yet succeeded in clarifying the nature” of this sentiment. With that admission, Kymlicka ends his book.

    Patriotism is a form of the love of one’s own, a sentiment seen most naturally in the love of parents for their children and the love of everyone for most if not all of their property. Before the Rawlsian liberalism of recent decades, and before the historicist liberalism of the nineteenth and twentieth centuries, Americans grounded their regime on natural rights. Being natural, those rights respected love of one’s own without sacralizing it. The regime they founded was intended to secure those rights. They hoped to see the establishment of similar commercial-republican regimes, especially in America’s geopolitical ‘neighborhood,’ the New World. In the more remote areas of the Americas, they were content to promote regime change and to undermine European empires diplomatically, as when President Jefferson sent a copy of the Declaration of Independence to Brazil, carried by a young Brazilian acquaintance of his. In the nearer areas, Americans did not hesitate to conquer the peoples living under rival regimes, most notably those of the Amerindians and (some of) the Mexicans. They also changed, or attempted to change, the regimes of the conquered peoples, with mixed results. When it became clear that the states in the southern section of the country preferred oligarchic regimes based on substantial slave populations to American republicanism, a brutal civil war resulted. What natural rights-based republicanism lent to the ‘American mind’ was clarity not only on the level of reason or theory but on the level of sentiment. In the 1850s, Abraham Lincoln could tell his fellow citizens that he had never felt a political sentiment that did not derive from the Declaration of Independence. Knowing that the Southern oligarchs no longer shared that sentiment, he then could make prudential choices determining what to do about it. As is well known, the defeated Southern oligarchs held out for a century after the war, hamstringing the new regime of natural rights imposed by the Unionist republicans who very imperfectly imposed that regime upon them. But the regime won out, in the end and, in the meantime, Southerners fought loyally in two world wars, on the side of the hated ‘Yankees.’ They did so, knowing and feeling that the regimes they were fighting were worse than the American regime they were living in, and that (somewhat more ‘concretely’) they disliked German submarines sinking American merchant ships, some of whose sailors were Southerners as well as Americans. Shared enemies help, too, and enemies tend to be regime enemies, if your regime is a commercial republic.

     

    Notes

    1. He may not think it necessary to defend his claim because he rejects natural right as the foundation of individual rights, although he might conceivably deny that natural right precludes civil laws against homosexual activity. 
    2. Humboldt and Mazzini, it should be remarked, were historicist—Hegelian or neo-Hegelian—liberals, who eschewed natural-right liberalism. Kymlicka’s own pointed ignoring of natural-right liberalism suggests that he prefers to avoid the complications that liberalism would pose for his own project.
    3. According to Kymlicka, “American liberals” in this period mostly ignored the issue. He evidently doesn’t know about the successful efforts of the Washington Administration to effect regime change among the Five Civilized Tribes of the American southeast, efforts spoiled by whites in Georgia who went ahead and encroached upon Indian land rights, eventually leading to the catastrophic “Trail of Tears.” Efforts to settle the boundaries of Indian territories in part by settling the Indians into agricultural ways of life continued nonetheless, with very mixed success, depending in large measure on whether the lands reserved for the tribes were conducive to agriculture.
    4. Kymlicka leaves unremarked the fact that while the ‘values’ shared by Swedes and Norwegians don’t lead to political unification of the two nations, they do conduce to peace between them. 

    Filed Under: Nations

    Liberal Multiculturalism: Kymlicka’s Case

    March 9, 2022 by Will Morrisey

    Will Kymlicka: Liberalism, Community and Culture. Oxford: Clarendon Press, 1989.

     

    The Canadian political theorist Will Kymlicka intends to articulate a form of liberalism located between radical individualism and communitarianism. The critiques of liberalism offered by Marxists and feminists, as well as those enunciated by such contemporary thinkers as Michael Sandel and Charles Taylor dissatisfy him, but so do the replies to those critiques which liberals have advanced, critiques often denoting “indifference or hostility to the collective rights of minority cultures.” “Liberalism, as a political philosophy, is often viewed as being primarily concerned with the relationship between the individual and the state, and with limiting state intrusions on the liberties of citizens.” Liberals are thus suspicious of rights claims advanced on behalf of collectivities. Kymlicka argues that these two kinds of rights do not necessarily contradict one another and may indeed be brought to reinforce one another.

    Is there, then “an interest in cultural membership which requires independent recognition in the theory of justice,” distinct from but not interfering with the rightful interests of individuals? Kymlicka divides his book into three parts, mimicking the thesis-antithesis-synthesis structure of Hegelian logic: liberalism first, then communitarianism, finally “liberalism and cultural membership.” The Hegelian or ‘historicist’ structure of his argument follows its historically-found content, as he restricts his topic to late-modern liberalism, from Mill through Rawls, avoiding discussion of what he relativizes as the “seventeenth-century liberalism” of Locke and the other natural-rights liberals. ‘Nature’ and ‘natural right’ go without a single mention, alluded to only in terms of the epoch in which the modern understanding of nature and of natural right first came to sight.

    The “political morality” of late-modern liberals “begins with some basic claims about our interests”: that “our essential interest is in leading a good life,” as distinguished from “leading the life we currently believe to be good”; because we may mistake our best interest, “we deliberate about important decisions in our lives,” not merely attempting to calculate the outcomes of those decisions but wondering if those decisions aim at purposes worth pursuing. Liberals hold that two conditions must be met for “leading a life that is good”: “that we lead our life from the inside,” that is, “in accordance with our beliefs about what gives value to life”; and that “we be free to question those beliefs, to examine them in light of whatever information and examples and arguments our culture can provide.” This suggests a historicist preclusion of examples and arguments outside our culture, whether they be the result of religious conversion or philosophic inquiry, an ‘ascent from the cave.’ Although liberals want individuals to be enabled to “live their lives in accordance with their beliefs about value, without being imprisoned or penalized for unorthodox religious or sexual practices etc.,” therefore putting emphasis on the importance of civil and personal liberties as well as education, for Kymlicka this means “exploring different aspects of our collective cultural heritage,” as there seems to be no getting away from that framework, only for the freedom to live within it.

    In alluding to “the theory of justice” seen among contemporary liberals, Kymlicka thinks primarily of John Rawls and his book The Theory of Justice. Rawls rejects ‘ontological’ moral theories—theories grounded in ‘being,’ whether divine or human—in favor of a ‘deontological’ theory, in which he posits what he calls “the original position” of an individual stripped of all attributes. In this, he follows in the line of Kant and his ‘categorical imperative,’ a moral principle requiring no notions of divine presence or human nature. In Rawls’ vocabulary, deontological moral theories give “priority to the right over the good,” since goodness implies a being that can be judged to be a good specimen of its kind and moreover one which makes moral choices aiming at an ‘end’ or purpose consonant with that criterion. Rawls particularly targets utilitarianism, which he regards as just such an ontological and teleological moral theory. But he also rejects socialist, conservative, communitarian, and feminist theories that are structured similarly, albeit commending very different ends than those propounded by, for example, John Stuart Mill.

    Kymlicka rejects Rawls’s analysis. “I don’t believe there is a real issue about which of the right and the good is prior.” Those who choose one over the other confuse two things: the definition of people’s essential interests; the principles of distribution “which follow from supposing that each person’s interests matter equally.” Rawls argues that in prioritizing the good over the right, utilitarianism subordinates the individual’s good to the greatest good for the greatest number, which leads “some to be endlessly sacrificed to the good over the right.” Rawls insists on putting limits to such sacrifices, claiming that this can only be done in principle by reserving certain rights of individuals that may not be sacrificed for the sake of the good. 

    To this, Kymlicka replies that “the most natural and compelling form of utilitarianism is not teleological, and doesn’t involve any anti-individualistic generalization from the individual to society.” Utilitarianism also applies to individuals, who pursue their own goods; moreover, utilitarians typically “give each person’s interests equal weight,” as “each person’s life matters equally.” Like Rawls, Kymlicka disagrees with the utilitarians, saying that their theory doesn’t account for the “the content of the preferences or the material welfare of the person.” It makes no moral sense to say that a tyrant’s interests should be treated equally with those of a charity worker. (Mill himself recognizes this, writing “Socrates satisfied is better than a pig satisfied,” but on this point Mill is less egalitarian than most of his utilitarian brethren.) This problem notwithstanding, however, utilitarianism “is as ‘deontological’ as any other” theory, fully recognizing “that individuals are distinct persons with their own rightful claims.”

    It is true, Kymlicka goes on to remark, that some forms of utilitarianism do seem to prioritize the good over the right, holding that “we count individuals equally only because that maximizes value,” conducing to a good “state of affairs” in society. But this, Kymlicka says, simply means that these forms of utilitarianism aren’t really moral theories at all. With Nietzsche, but without his panache, and assuredly not with his aristocratic conception of the good, such utilitarians go ‘beyond good and evil,’ as “giving equal consideration to people…is a possible by-product of maximizing the good, but it is not the fundamental goal.” “To define the right as the maximization of the good, and to view people simply as a means to the promotion of that good, is not to present an unusual interpretation of the moral point of view. It is to abandon the moral point of view entirely, to take up a non-moral idea instead.”

    What, then, is the proper definition of the good, as distinct from the fair distribution of it? Rawls contrasts teleological or “perfectionist” theories with “his own non-perfectionist” theory of the good. Perfectionists begin by identifying “what dispositions and attributes define human perfection,” then regarding “the development of these as our essential interest”; they further “demand that resources should be distributed so as to encourage such development.” Political life makes authoritative choices regarding what a good life is, rewarding and punishing individuals accordingly; “the state has the responsibility to teach its citizens about a virtuous life.” Rawls shrinks from this, contending rather that “our essential interests are harmed by attempts to enforce a particular view of the good life on people” because “he believes that the capacity to examine and revise our plans and projects is important in pursuing our essential interest in leading a good life.” Liberty is a primary good: hence ‘liberalism.’ In Kymlicka’s phrase, “lives have to be led from the inside”; imposing a concept of the good ‘from the outside,’ from the authoritative rulers and ruling offices of the regime, impedes rather than assists the individual in deliberating about the good and especially in acting in the pursuit of it. 

    Kymlicka does concur with Rawls on the moral status of liberty—he, too, is a liberal—but demurs when it comes to Rawls’s understanding of his own theory. “Rawls doesn’t favor the distribution of primary goods out of a concern for the right rather than the good. He just has a different account of what our good is,” disagreeing with perfectionists “over how best to define and promote the people’s good.” Therefore, “being an anti-perfectionist does not commit you to accepting ‘deontological’ constraints on the promotion of social welfare.” In holding that “each person’s good should be given equal weight” and that “people’s legitimate entitlements shouldn’t be tied to any particular conception of the good life,” Rawls is on the right track for the wrong reason, as “neither issue concerns the priority of the right or the good.” For Kymlicka, the issue isn’t about the priority of the right or the good but an issue of “responsibility.” Whereas Marxists, in their ‘dialectical’ materialist teleology, reject the claim that human beings are morally responsible for their actions or even their thoughts, which are determined by the interests of their economic class, Rawlsian liberals insist that “people are capable of adjusting their aims, and so are responsible for the formation of their aims and ambitions.” In so doing, some people act to impose unequal costs on others in order to serve their self-(mis)perceived interests. “This fairness argument supposes that I am capable of adjusting my ambitions to the rightful claims of others, and responsible in that sense.” Both Marxists and Rawlsians demand “equal consideration for reach person’s good,” however. The equality principle isn’t the locus of their disagreement. 

    Having thus liberated liberalism of its Rawlsian baggage without recurring to, and indeed rejecting, the “perfectionist” standard seen in some forms of natural right theory, Kymlicka takes up the communitarians and their critique of liberalism, as seen especially in the theories of Charles Taylor and Michael Sandel. Communitarians charge that “the liberal view of the self,” the thing liberals would liberate, will not do. Kymlicka identifies five arguments communitarians make. According to them, “the liberal view of the self (1) is empty; (2) violates our self-perceptions; (3) ignores our embeddedness in communal practices; (4) ignores the necessity for social confirmation of our individual judgments; and (5) pretends to have an impossible universality or objectivity.” 

    Taylor maintains that the liberal self is “empty” because liberalism’s obsession with liberty or freedom denudes the self of any content or aim; “complete freedom,” Taylor writes, is “characterless,” devoid of any “defined purpose, however much this is hidden by such seemingly positive terms as ‘rationality’ or ‘creativity.'” True freedom must be situated within society, as otherwise absolute self-determination can arrive at no determination, unable to “specify any content to our action outside of a situation which sets goals for us, which thus imparts a shape to rationality and provides an inspiration for creativity.” To this, Kymlicka objects that liberals don’t say that freedom is for its own sake, that it is “the most valuable thing in the world,” but that “our projects and tasks…are the most important things in our lives, and it is because they are so important that we should be free to revise and reject them should we come to believe that they are not fulfilling or worthwhile.” Freedom of choice is “a precondition for pursuing those projects and practices that are valued for their own sake.”

    Here Kymlicka revises or qualifies his earlier suggestion that our ends, our proposed goods, remain within the horizon of the societies in which we live. Liberals do “insist that we have an ability to detach ourselves from any particular communal practice,” wanting “no particular task [to be] set for us by society” because “no particular cultural practice has authority that is beyond individua judgment and possible rejection.” The “matrix of understandings and alternatives passed down to us by previous generations” offers us “possibilities we can either affirm or reject.” This sounds rather like a sort of Socratism for the people, and more than a bit like Mill. Readers will need to keep the proverbial eye on this claim, which seems to contradict his valorization of ‘culture.’ He clearly doesn’t think any such contradiction exists, and eventually will produce an argument for thinking so.

    Kymlicka bundles together the communitarians’ second and third arguments. Michael Sandel denies the liberal claim that “the self is, in an important sense, prior to its ends” because it can revise even its “most deeply held convictions about the nature of the good life.” No so, Sandel argues, because there is no distinction between the self and the ends it forms; our ends in large measure constitute our selves, which we “discover by virtue of our being embedded in some shared social context.” He argues first from an account of human self-perception and then from an account of human social embeddedness. If human beings really possessed a self prior to its ends, they “should, when introspecting, be able to see through our particular ends to an unencumbered self.” But such a Cartesian effort leaves us with little or nothing, as indeed it left Descartes himself. To this, Kymlicka replies as he has done before: “What is central to the liberal view is not that we can perceive a self prior to its ends, but that we understand our selves to be prior to our ends, in the sense that no end or goal is exempt from possible re-examination.” (Oddly, although this sounds much like Karl Popper’s well-known view, Kymlicka never mentions him.) In making ethical choices, we “compar[e] one ‘encumbered'”—socially endowed—self with “another ‘encumbered’ potential self.” It “doesn’t follow” from this “that any particular ends must always be taken as given with the self.” 

    This begins to answer the question about Kymlicka’s historicism. It turns out that the self-revisions he identifies do take place within and not (Socratically) above ‘the cave,’ within the matrix of opinions put forward and reinforced by the regime or, as Kymlicka would have it, the ‘culture.’

    Having disposed of Sandel’s self-perception argument, Kymlicka turns to his “embedded-self” argument. Sandel needs this argument in order to meet Kymlicka’s refutation of the self-perception argument; he needs to show “that we can’t perceive our self without some specific end or motivation.” When we reflect upon our self, we discover ends already given it by the society in which we are embedded. Yes, Kymlicka again argues, but “no matter how deeply implicated we find ourselves in social practice or tradition, we feel capable of questioning whether the practice is a valuable one.” 

    In this connection, Kymlicka makes a telling criticism of communitarians who “say that they wish to replace Kantian Moralitat with Hegelian Sittlichkeit.” That is, they would replace Kant’s ‘deontological’ argument, which bases morality on his ‘categorical imperative’—itself a replacement of such ‘ontological’ moral arguments seen in the Bible and in the ‘ancient’ philosophers—with Hegel’s historicist ontology, which replaces Kant’s deontology without returning to the natural-rights ‘perfectionism’ of (some of) the ‘ancients,’ particularly Aristotle. Kant, one recalls, posits the criterion of ‘universalizability’ as the standard for morality; if a principle cannot be universalized it cannot really be moral. For example, ‘Thou shalt not steal’ is a true moral command not because the God of the Bible says so but because a society in which everyone adhered to it would not survive, whereas a society that commanded the opposite, ‘Thou shalt steal,’ would self-destruct. Hegel points out that, on the contrary, such a principle could indeed be universalized. True, the society would likely destroy itself, but what, on the Kantian grounds of the categorical imperative, is wrong with that? Kant has smuggled in a prior principle, ‘Thou shalt not self-destruct,” which is similarly arbitrary, inasmuch as its opposite, its contradiction, could equally be universalized. 

    Kymlicka doesn’t dispute any of that but instead points out that Hegel’s dialectical historicism determines itself “in accordance with universal and rational laws”; societies unfold like syllogisms. “Hegel’s concern wasn’t to replace Moralitat with Sittlichkeit, but rather to give Moralitat some content, which he thought”—rightly—was “lacking in Kant’s formulation of it.” It isn’t at all clear, however, that Sandel and other communitarians subscribe to Hegel’s dialectic. They are indeed replacing Kantianism with something else, but it’s not real Hegelianism.

    This leaves such communitarians with a sort of conventionalism. Kymlicka is eager to observe that they “share a more fundamental identity” with Rawlsian liberals: “both accept that the person is prior to her ends.” Although this point “is one for the philosophy of mind, with no direct relevance to political philosophy,” it will enable him to blend the two doctrines into his own ‘cultural’ form of liberalism.

    Before doing so, he addresses the two remaining communitarian arguments—that liberals downplay the importance of social confirmation of our judgments and that they claim an objectivity that is impossible to achieve. With respect to social confirmation, communitarians worry that liberals’ “vaunting of ‘free individuality’ will result not in the confident affirmation and pursuit of worthy courses of action but rather in existential uncertainty and anomie.” Try as we may to resist it, “we can’t believe in our judgments unless someone else confirms them for us.” Kymlicka admits that “the spread of individual self-determination has generated more doubt about the value of our projects than before.” He immediately adds, however, that “the liberal view operates through people’s rationality,” generating “confidence in the value of one’s projects by removing any impediments or distortions in the reasoning process involved in making judgments of values.” Communitarians would generate confidence in our projects “via a process which people can’t acknowledge as the grounds of their confidence,” namely, conventions uncritically accepted, ‘givens’ that get shaky as soon as we see them as given by nothing more than prior practice and belief. Why does this assuage existential angst instead of exacerbating it? My peers may confirm my judgments, but why should I take their confirmation, however comforting, as authoritative? They, and I, could be dead wrong, and I know it.

    Finally, Richard Rorty denies that liberals can claim objectivity in their judgments. There are “no such things” as what he calls “philosophical metanarratives.” On the contrary, “there are no reasons which aren’t reasons internal to a historical tradition or interpretative community.” Kant and Hegel and Mill and Rawls are all equally wrong, for that reason. What we call rational behavior is, in Rorty’s words, nothing more than “adaptive behavior of a sort which roughly parallels the behavior, in similar circumstances, of the other members of some relevant community.” Rorty takes up Hegel’s historical relativism but denies the dialectical ontology which frames it.

    Kymlicka begins his answer to this by observing that even such philosophers as Plato and Kant, the ones “most commonly viewed as endorsing the mountain-top view of philosophy,” begin their philosophizing “on the ground,” in the marketplace (for Plato’s Socrates) or (for Kant) in the university. “Starting from the ground, we are led to philosophy” by thinking, often in dialogue with others. Even Rawls sees that “we start with the shared moral beliefs” of our time and place,” only then “describ[ing] an original position in accordance with those shared beliefs, in order to work out their fuller implications.” If anything (and as one suspects when reading Kymlicka’s initial preview of his argument), Rawlsian liberals are more ‘conventionalist’ than Plato or Kant. Further, Rorty unwarrantedly “claim[s] to know” the limits of practical reasoning and to know them “in advance of the arguments.” But this is only a “dogmatic objection,” not a philosophic one, one arrived at by reasoning.

    Having replied to the five main arguments communitarians advance against liberalism, Kymlicka next considers the philosophic systems propounded by two of the most prominent communitarians, Charles Taylor and Karl Marx. Their critiques of liberalism “center not on the liberal idea of the self and its interests, but on the ‘individualistic’ way that liberals seek to promote those interests politically,” allegedly by neglecting “the social preconditions for the effective fulfillment of those interests.”

    Taylor claims that even if liberals are “right about our capacity for choice, they ignore the fact that that capacity can only develop in society, in and through relations and interactions with others.” Kymlicka concurs, adding that the academic discipline of sociology “arose as a response to the overemphasis on rational individual choice by liberals.” But how does this effect moral judgment in a political society?

    Liberals understand the common good as “the result of a process of combining preferences, all of which are counted equally (if consistent with the principles of justice).” The state should remain neutral with respect to these preferences and their combinations, except when those principles are violated. Otherwise, “in a liberal society the common good is adjusted to fit the pattern of preferences and conceptions of the good held by individuals.” Communitarians, on the contrary, want a society in which “the common good is conceived of as a substantive conception of the good which defines the community’s ‘way of life.'” (This, incidentally, brings them closer to the full articulation of what a regime is, as defined by Aristotle.) In a communitarian society, the common good “provides a standard by which [individuals’] preferences are evaluated”; “the weight given to an individual’s preferences depends on how much she conforms or contributes to that common good,” and the state is not “constrained by the requirement of neutral concern” regarding the promotion of some putative goods and the denigration or even prohibition of others. “Individuals are no longer able to veto the pursuit of these shared ends whenever it violates neutral concern,” although there are some exceptions to this allowed by some communitarians. 

    Communitarians sometimes suspect that liberals, too, have a fairly strong notion of the common good, often unconfessed. When they “admit that the capacity for individual choice can only be developed and exercised in a certain sort of society,” and further admit that such a society ought to be “promot[ed] and protect[ed], then they have already accepted a politics of the common good” and, further, that the common good “must be prior to the rights of individuals within that society.” Kymlicka replies that if communitarians define the “politics of the common good” so broadly as this, then state neutrality has been encompassed within the politics of the common good and is not necessarily incompatible with it. Communitarians and liberals turn out both to have a concept of the common good; as he’d argued before, they only differ in the way—one might even say the way of life—to achieve it.

    Somewhat more carefully than many communitarians, Taylor argues that liberal neutrality must violate its own neutrality in order to sustain itself. It must discourage “some options about the good life” and encourage other “in order for the political culture to accept the demands of liberal justice.” For example, it must provide some sort of civic education to its citizens, and education that not only lays down such abstract principles as Rawls propounds but also fosters “some recognition and acceptance of principles of the good life.” Rawls and other liberals in his line “would say that a person can and should b free to choose any conception of the good life as long as she doesn’t actively violate the principle of justice, no matter how little that conception itself values freedom or equality.” 

    Why does Taylor reject this form of liberalism? For one thing, he is concerned that no political society can maintain itself without the civic participation that liberal politics fails adequately to encourage and to sustain. He ascribes this decline in political activity to the centralization and bureaucratization of the modern state. Kymlicka objects: “I see no empirical or theoretical warrant for claiming that liberalism requires centralization of bureaucratization.” Political participation yes, but political participation need not entail “the communitarian conception of political participation, or of justice.” Kymlicka suspects that Taylor entertains “a romanticized view of earlier communities in which legitimacy was freely given and earned, based on the effective pursuit of shared ends.” But such romanticism withers once one sees that such communities were highly exclusive, rigorously ‘marginalizing’ some if not most groups within them. Nor does liberalism necessarily preclude socialism, as some communitarians assume. Mill “was prepared to call himself a socialist,” and “the two traditions have borrowed from each other throughout their history.” Socialists, and often feminists as well, “correctly point out failures in traditional liberal institutions, but they are often wrong in supposing that these failures express or reflect problems inherent in the liberal conception of the person, or of social justice.” It is rather the case that “these institutions are failing because they don’t express or reflect these liberal ideals.”

    Karl Marx, however, utterly despises liberal ideals and indeed idealism generally. He is a determinist and a materialist. However, neither is he a genuine communitarian, Kymlicka argues. According to Marx, at the end of the historical dialectic we will live not under a monarchic and bureaucratic world state but in communities in which we have no set social roles at all, but rather paint or hunt or engage in literary criticism as we please, without confining ourselves to any of those activities in order to sustain ourselves. We won’t derive our sense of ourselves from social ‘givens’ at all. Human beings will freely exercise their “capacity to enjoy the all-sided production of the whole earth” as Marx and Engels aver in their Manifesto. Whereas “communitarians would free people by reinterpreting and strengthening the communal nature of [their] identity-defining roles,” Marx “would free people by eliminating identity-defining roles” altogether.

    Kymlicka disagrees with Marx, too. To answer the question, why is such a free life good, Marx answers that it registers the difference human beings exhibit when compared to other animal species, namely, “freely chosen activity.” This is a variation of Aristotle’s argument that the good for any individual depends upon its nature, and species differ from one another. Human beings differ by nature from other species; therefore, the good for human beings must differ from the good for horses, amoebas, chimps. Kymlicka denies the argument because “asking what is best in a human life” is “a question in moral philosophy” not a matter of “biological classification.” “If other animals had exactly the same capacities that Marx discusses, it would do not do harm to his claim about our essential interests,” and “the absence of such animals” provides no “support for his claim.” Kymlicka’s counterargument only holds if Marx’s argument depends exclusively upon mere ‘difference.’ But what if it depends not upon difference but upon nature? Then, Kymlicka would be stuck with Hume’s complaint that no ‘ought’ can be derived from an ‘is,’ especially if the ‘is’ in question—nature—has no telos, consisting only of matter in morally meaningless motion. The obvious problem is that human nature evidently does enable individuals within our species to form purposes. The question then becomes, is a given purpose so formed good for a being with such a nature? Marx’s problem is that he shares the Machiavellian/Baconian project, the project of modern philosophy and the science it has designed, which aims at conquering chance nature—a task that assumes that there is something in us beyond nature. Marx’s ‘history’ is nothing other than a ‘dialectical’ struggle so to overcome nature, one ruled by historical laws that determine human choices. He replaces nature with ‘history’ in the hope that the course of events determined by class struggle will eventuate in the projected freedom he supposes he foresees under ‘communism.’ 

    One sees this in Marx’s “self-realization” argument, to which Kymlicka now turns. Marx says that human labor overcomes ‘the given’; human labor is the engine of “real freedom.” But although “really free working” is self-realizing, “that self-realization is neither the aim nor the end of such work.” “But if this is the story that Marx wishes to stand by, then the idea of species-differentiation has dropped out entirely, and the story isn’t fundamentally different from the liberal story,” which is equally a story about freely pursuing ends we find value in themselves, ‘objectively.’ And, as with liberalism, Marx wants human beings to live in a condition in which they do indeed choose their ends freedom, leading their lives “from the inside,” as Kymlicka likes to say. 

    Why, then, does Marx’s theory of justice contradict liberals’ theories of justice? Because Marx, like some utilitarians and all Nietzscheans, doesn’t really have a theory of justice at all. For Marx, human beings will obtain “the social conditions of individual freedom” through the historical dialectic of matter in motion, not by claiming individual rights “within a theory of justice.” Marx charges that capitalism violates the principle of equality because its conception of equality is merely “juridical.” “Marx accepts the principle of moral equality, but denies that it can be spelt out in terms of a system of rights,” legal or moral. Both legal and moral rights are only excrescences of the class interests of the bourgeoisie. Marx ties this to his labor theory of value. Like Locke (the natural-rights “seventeenth-century” liberal Kymlicka pointedly ignores), Marx regards human labor as the activity which transforms a more or less worthless physical nature into things men can actually use for their own benefit. But “right,” Marx insists, “can exist only in the application of an equal standard; but unequal individuals (and they would not be different individuals if they were not unequal) are measurable only by an equal standard in so far as they are brought under an equal point of view).” Juridical justice fails to capture this because it treats all citizens as equal ‘under the law.’ And even this modest and distorted theory of justice overlooks the empirical fact that the judges are agents of the capitalist class, protective of an equal right to property which instantiates inequality of property. He therefore dismisses liberal justice, already untethered from natural right, as “obsolete verbal rubbish.” That goes for ‘deontologists’ like Kant and (in future) Rawls as well as for utilitarian ontologists like Mill. On the contrary, “the good society, communist society, will be beyond justice, not defined or governed by theories of fair shares or equal rights”; “for Marx, justice represents the failure to achieve truly virtuous social institutions, or a truly good community.” Indeed, justice is “epiphenomenal,” dispensable because equality will advance not by means of judges but “by the flow of historical events.” 

    Kymlicka objects to Marx because he doesn’t believe that history will eventuate in “a society of equals.” He has no faith in the supposed iron laws of historical dialectic, nor does he find any rational/scientific proof of them in Marx, Hegel, or anyone else. “It is up to us to build unity in the struggle for a society of equals,” and Marx “has given us no reason to believe that justice is more divisive than any other way of rallying people for progressive social change.” He concedes, however, that “Marx had a deeper objection to the very idea of a juridical community,” an objection “he shares with the communitarians.” Both Marx and the communitarians regard justice as remedial, a rebalancing of some defect or excess in the community; they point to a time in which those flaws will have been overcome and justice (so defined) will no longer be needed. They differ because Marx is a materialist while communitarians are ‘idealists.’ Marx anticipates a communist society in which conflicts have disappear because, even though people still pursue different ends, material abundance has achieved a level in which no one need fight over resources to achieve those ends. “Justice is superseded because of abundance.” Even the ‘battle of the sexes’ will cease. Communitarians anticipate communal societies in which human beings no longer entertain “conflicting conceptions of the good”; they expect human opinions to coalesce. For them, “if the community as a whole also had an identity of interests and affective ties, then justice wouldn’t be needed.”

    Against these arguments, Kymlicka defends the much-maligned liberal conception of rights. “Rights are desirable because they express an important form of respect and concern for people.” That is, he defends rights not as morally significant principles naturally inherent in human beings but on the more or less Hegelian terms of mutual recognition, although without the master-slave dialectic Hegel grounds it with. If “the expectation of abundance” seen in Marx and the vast reconciliation of opinions hoped for by communitarians are implausible—as Kymlicka evidently (and quite sensibly) thinks they are—then modern states and the social conditions prevailing in them will only bear so much community, ties that bind only loosely. “Therefore, liberal justice seems, for all that communists and communitarians have said against it, a viable political morality for the governing of our political institutions and practices.” Liberal justice, understood in the way Kymlicka will now elaborate, can balance individuality and community in a way he judges superior to those propounded by previous liberals and their critics alike.

    He begins by distinguishing two kinds of community: the political community, “within which individuals exercise the rights and responsibilities entailed by the framework of liberal justice’; and “the cultural community, within which individuals form and revise their aims and ambitions.” That is, Kymlicka replaces ‘civil society’ with ‘cultural community’ in order to capture the fact that “the vast majority” of modern states “contain two or more groups who have different cultures.” In North America, many Indian tribes and nations live on reservations—special “political jurisdictions over which Indian communities have certain guaranteed powers and within which non-Indian Americans have restricted mobility, property, and voting rights.” Individual members of these communities are citizens within the larger political community but are so “through membership in one or other of the cultural communities”; “the justification for these measures focuses on their role in allowing minority cultures develop their distinct cultural life, an ability insufficiently protected by ‘universal’ modes of incorporation”—that is, in the “direct relationship to the state” experienced by members of the majority culture. 

    This presents a dilemma to liberals, who identify individuals as rights-bearers and insist on equal rights for all. “There seems to be no room within the moral ontology of liberalism for the idea of collective rights,” as “the community has no moral existence or claims of its own.” “Individual and collective rights cannot compete for the same moral space, in liberal theory, since the value of the collective derives from its contribution to the value of individual lives.” 

    This is not true of liberalism if ‘liberalism’ includes the doctrine of natural rights as understood by the American Founders. Americans as a group were understood to have rights vis-à-vis other nations, most immediately Great Britain, because as individuals they had consented to form a republican regime. The ‘cultural’ and therefore only quasi-political liberalism of Kymlicka misses the point that a ‘culture’ is a civil society that has lost its sovereignty, whether by conquest or by immigration. Given the derivation of ‘culture’ from ‘cult,’ cultures very often originate in a religion, usually a civil religion; the older the culture, the more likely this is. A ‘culture’ is a way of life with the ‘rulership’ and ‘ruling institutions’ elements of the former regime subordinated to those of another regime. The question really is, then, what rights ought a member of such a cultural minority be afforded within the regime which now rules it? Should its former sovereignty be restored, on the grounds of the liberal conception of rights? Is it entitled to declare its independence from its conqueror? Or should it work out some other modus vivendi?

    Kymlicka distinguishes the circumstances faced by American blacks with those faced by American Indians. In the United States, racial segregation “was perceived as a ‘badge of inferiority,'” in the words of the U.S. Supreme Court in Brown v. Board of Education. But in Canada, the segregation of Indians “has always been viewed as a defense of a highly valued cultural heritage”; it was any attempt at integration that the Indian tribes and nations regarded as a badge of inferiority, an attempt to overbear their ways of life. To survive in their cultural integrity, Indians need coercive restrictions on mobility, residence, and (remaining) political rights “of both Indians and non-Indians. For example, under the reservation system, an Indian may not sell reservation land to a non-Indian; to allow this would dilute and likely ruin the tribal community’s cultural integrity, over time. Similarly, non-Indians who marry Indians are not permitted to vote for representatives on tribal councils. 

    “Many liberals treat these measures as obviously unjust, and as simple disguises for the perpetuation of ethnic or racial inequality.” Kymlicka maintains that “there are two kinds of respect for individuals at stake here, both of which have intuitive force.” “If we respect Indians as Indians, that is to say, as members of a distinct cultural community, then we must recognize the importance to them of their cultural heritage, and we must recognize the legitimacy of claims made by them for the protection of that culture.” The notion of equal rights will play out differently in different situations. In the case of the English-Canadians, their right to buy and sell property to an Indian in no way threatens their dominant culture, whereas the opposite is true for Indian-Canadians. To insist on equality of property rights “ignores a potentially devastating problem faced by aboriginal people, but not by English-Canadians—the loss of cultural membership.” At the same time, “if we respect people as Canadians, that is to say as citizens of the common political community, then we must recognize the importance of being able to claim the rights of equal citizenship.” Thus “there is a genuine conflict of intuitions here,” as “people are owed respect as citizens and as members of cultural communities,” neither of which “seems reducible to the other.” 

    As a result of this dilemma, many of those sympathetic to Indian claims of self-government defend those claims by criticizing liberalism. They may do so on grounds of moral and cultural relativism: “aboriginal peoples have a different value system” from that of English and French Canadians, “emphasizing group rights rather than individual rights.” Such arguments, however, “don’t explain why minority rights aren’t the first step on the road to apartheid, or what serves to prevent massive violations of individual rights in the name of the group.” After all some of the cultural practices of aboriginal communities in North American included cannibalism and slavery. Other arguments for group rights focus on property rights—the Indians took ownership of the land before British colonizers did—or political rights—at least some of the aboriginal nations never “officially relinquished their sovereignty.” The property rights claim, however, “does not justify permanent special political status” since property rights of one group might be said to give way to claims to “equality of resources for all the citizens of the country.” As for sovereignty, the Indian claims have not “heretofore been explicitly recognized in international law.” 

    These difficulties notwithstanding, Kymlicka argues that liberals can formulate a doctrine which can encompass respect for cultural minorities rights without become illiberal. To do so, “we need to show two things: (1) that cultural membership has a more important status in liberal thought than is explicitly recognized” and “(2) that the members of minority cultural communities may face particular kinds of disadvantages with respect to he good of cultural membership, disadvantages whose rectification requires and justifies the provision of minority rights.” “That is, we need to show that membership in a cultural community may be a relevant criterion for distributing the benefits and burdens which are the concern of a liberal theory of justice.” 

    In Rawlsian liberalism, such minority cultural rights violate the principle of equality by reserving rights to minorities not in order “to enlarge liberty overall, but to protect cultural membership.” Such overall liberty for all citizens of, say, Canada, enables Canadians “to intelligently decide for ourselves what is valuable in life”—to hold their current religious beliefs, for example, but also to question and to change them. Kymlicka replies that “the range of options” we entertain when so deciding “is determined by our cultural heritage.” If so, the moral claims of Rawlsian liberalism filter through a cultural matrix; they do not, cannot, really transcend it. That matrix, however, may not be the matrix of either a regime or of a ‘cult,’ the religion that has suffused the matrix. Rather, “the processes by which options and choices become significant for us are linguistic and historical processes.” “Our language and history are the media through which we come to an awareness of the options available to us, and their significance,” forming “a precondition of making intelligent judgments about how to lead our lives.” Therefore, “liberals should be concerned with the fate of cultural structures, not because they have some moral status of their own”—the status with which a regime, including a religious regime, would endow them—but “because it’s only through having such a rich and secure cultural structure that people can become aware, in a vivid way, of the options available to them, and intelligently examine their value.” Cultural structures or matrices provide “a context of choice.”

    Kymlicka hastens to caution that “fundamentalists” of various sorts may be quite illiberal, demanding on restriction of “freedom of speech, press, religion, sexual practices, etc. of its own members” on the grounds that if these restrictions are not granted “their culture will disintegrate.” This is why Kymlicka insists on ‘interpreting’ culture to mean the much broader categories of language, which can enunciate heterodox opinions, and of history, which changes over time. Kymlickian culture has no real moral content; it is all ‘context,’ with minimal and readily changeable content. “So long as everyone has her fair share of resources and the freedom to live her life as she chooses within her cultural community, then the primary good of cultural membership is properly recognized”—properly, that is, in terms of Rawlsian liberalism. 

    What, then, gives culture as defined primarily by shared language and history any moral status as a thing to be respected? While it may be that “enforced assimilation” of a minority culture into a majority culture “can have tragic results” and lead to “miserable failures,” those are practical not theoretical difficulties. And if one evidently will need a language and inevitably have one’s group’s history to serve as a matrix for free choice, why does this mean that my own language and my own group’s history should be preserved? What if my language inadequately expresses the principle of non-contradiction, or if my group’s history is profoundly flawed, foreclosing choices instead of offering them? Why should minority cultures, or majority cultures for that matter, be treated as if ‘created equal’? And if ‘culture’ is treated as if a merely linguistic and historical thing, would members of any culture really seek to defend it? On what grounds, other than neo-Rawlsian liberalism, which might be taken as not so solid? And even to defend cultures so ‘liberally’ defined, the dilemma persists: “Since cultural membership is a primary good, special rights are needed to treat aboriginal people with the respect they are owed as members of a cultural community. But the effect of these special rights is to compromise the fairness of political and economic decision procedures.”

    To begin to answer these questions, Kymlicka distinguishes between demands based on “differential choices” and demands based on “unequal circumstances.” For example, “someone who cultivates a taste for expensive wine has no legitimate claim to special public subsidy, since she is responsible for her choice”; her liberty of choice has in no way been infringed if her taste isn’t subsidized.” But “someone who needs expensive medicine due to a natural disability has a legitimate claim to special public subsidy, since she is not responsible for the costs of her disadvantageous circumstances”; she needs the medicine, it is not a mere option. (Notice, by the way, that this argument about liberty in fact depends upon a prior right to life and even to health, a right moreover that imposes a duty upon fellow-citizens to take up its defense. This is the difficulty with the Kantian categorical imperative, as noted above; it typically needs to smuggle in some right that looks rather suspiciously like a natural right in order to buttress its ‘deontological’ claims.)

    On these grounds, if an aboriginal people “have chosen an expensive life-style by, say, choosing a way of life that requires a large section of land, valued by many groups in society, to be set apart and left undeveloped, even though the benefits of this only accrue to themselves,” that people “should have to outbid those who plan to use the land more efficiently.” This is a variation on Locke’s argument against the rights of peoples to control lands that could be better used by others—his justification for empire and colonization. Kymlicka probably would not go so far, preferring to deploy the argument as a restriction on aboriginal rights asserted after imperial conquest has happened. That is because “we can defend aboriginal rights as a response, not to shared choices, but to unequal circumstances,” circumstances which have rendered their communities “vulnerable to the decisions of the non-aboriginal majority around them.” Further, when members of the majority community seek to purchase lands owned by aboriginal peoples, they act from choice, not necessity, whereas in demanding the restriction of their right to sell that land, the aborigines respond to what Kymlicka claims is a moral if not a physical need, a right, “to ensure that their cultural structure survives.” This inequality “has nothing to do with the choices of aboriginal people”; it is the circumstance into which they have been thrown. “Special political rights…can correct this inequality by ensuring that aboriginal communities are as secure as non-aboriginal ones.”

    Why would aborigines worry about the security of their communities if those community cultures are defined in terms only of language and of history? Kymlicka asserts that “when we take cultural identity seriously, we’ll understand that asking someone to trade off her cultural identity for some amount of money is like expecting someone to trade off her self-respect for some amount of money,” getting money in exchange for “giving up the context within which” the ends which money otherwise helps us to pursue. “It is irrational to expect people to accept that trade-off.” But money doesn’t buy language or history, does it? It buys land and other physical property, and it buys labor. Only if one claims that a group’s historical possession of a piece of land must prove indispensable to the continuation of culture so defined would the argument hold. Thus, Kymlicka remarks that some American Indian groups (he gives the example of the Pueblo) “are essentially theocracies, with an official religion.” While liberalism guards the right to free exercise of religion, that free exercise doesn’t extend to a religious establishment. According to Kymlicka, Pueblo religion would in no way be threatened were Protestant converts from it allowed to remain on the Pueblo reservation. “Meaningful individual choice” must be maintained. More generally, “each person should be able to use and interpret her cultural experiences in her own chosen way. That ability requires that the cultural structure be secured from the disintegrating effects of the choices of people outside the culture, but also requires that each person within the community be free to choose what they see to be the most valuable from the options provided.” But where does Protestantism come from, if not from outside the Pueblo community? 

    Kymlicka sees the problem. “What if the Pueblo community really would disintegrate without restricting religious liberty? Would that justify restricting religious liberty? If so, are there any limits on what can be done in the name of protecting cultural membership?” Here, he anticipates compromises based upon the concrete circumstances in the variety of cases. “These are complex issues in which our intuitions are pulled in different directions, and I don’t see how any simple formula could cover all the relevant cases.” He has restated the problem of the relation between theory and practice, and of the relation between laws, which generalize, and cases, which don’t always fit easily into legal categories. 

    Kymlicka knows that pre-Rawlsian liberals did in fact take account of “cultural context”— specifically, nationality. “Mill emphasized the importance of ‘the feeling of nationality,’ a feeling which is generated by many causes, of which ‘the strongest of all is identity of political antecedents: the possession of a national history, and consequent community of recollections; collective pride and humiliation, pleasure and regret, connected with the same incidents in the past.'” Later, the League of Nations “managed to secure special political status for minority cultural groups in the multinational countries of Europe.” Today’s liberalism, by contrast, focuses on human rights “to be ensured for every individual qua individual, regardless of her cultural membership,” resulting in the sense that to be treated differently according to one’s “ethnicity or race or group membership” amounts to “a betrayal of the liberal idea.” Kymlicka attributes this shift to the misapplication of the principles applied to the problem of racial segregation in the United States to the problem of minority cultures.

    This shows that when Kymlicka defines culture as a shared language and a shared history, he has slid politics back in, with an elegant sleight of hand. But if politics, and therefore regimes, do count as part of one’s cultural heritage, this reintroduces the problem of states within states that he had only apparently disposed of.

    What, then, will prevent Kymlicka’s ‘cultural’ liberalism from resulting in political disunity? Given the fact that, according to his estimate, only ten percent of the countries in the world are nation-states in the strict sense of the world, would it not result in a rash of secessionist movements, even civil wars? Not so, he claims. “The result of this conception of individual responsibility”—the individual’s use of the freedom to deliberate upon and choose a way of life within the options offered by his cultural context—is “not to set people against each other, but to tie all citizens in bonds of mutual respect.” Cultural liberalism “will enable various groups of people to freely pursue and advance their shared communal and cultural ends, without penalizing or marginalizing those groups who have different and perhaps conflicting goals.” 

    Kymlicka does not say why citizens pursuing conflicting goals will respect one another. If they don’t, why would they remain united? And if they do not remain united, why will the result not be war—civil, if secession is resisted, international if secession succeeds? In other words, why would Hegel’s ‘master-slave dialectic,’ a struggle to the death for recognition, not prevail over the polite, ‘Canadian’ multiculturalism Kymlicka propounds? It begins to seem that liberal multiculturalism is politically incoherent. 

     

     

    Filed Under: Philosophers

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