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Association: Name: The Law and Society URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p17420_index.html Direct Link: HTML Code:

Özbank, Murat. "Justifying Human Rights and Stabilizing Democracy Under Conditions of Cultural Diversity: The Idea for an Overlapping Consensus on Dialogue" Paper presented at the annual meeting of the The Law and Society, J.W. Marriott Resort, Las Vegas, NV, <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p17420_index.html>

Özbank, M. "Justifying Human Rights and Stabilizing Democracy Under Conditions of Cultural Diversity: The Idea for an Overlapping Consensus on Dialogue" Paper presented at the annual meeting of the The Law and Society, J.W. Marriott Resort, Las Vegas, NV <Not Available>. 2009-05-25 from http://www.allacademic.com/meta/p17420_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: In this paper I address two inter-related questions: How can we justify the normative validity of human rights under conditions of cultural diversity? How can democratic institutions and practices premised upon these values be socially and politically stabilized in a culturally diversified society? I first clarify the sense in which these questions should be understood and taken seriously both in theoretical and practical terms. Then I review the strengths and weaknesses of three philosophical approaches to those questions: Kant’s attempt to formulate and ground a universal moral law in the transcendental unity of human reason, Rawls’ idea for an overlapping consensus, and Habermas’ discourse theoretical reconstruction of human rights and deliberative democracy. I argue that turning to Kant’s metaphysical assumption of the transcendental unity of human reason would indicate the philosophical origins of the problem at hand, but it would not solve it. Rawls’ idea of an overlapping consensus, in turn, offers an elegant solution to the problem of stability, but encounters problems when it comes to the related question of justification. Habermas, in contrast, is strong on the question of justification, but encounters problems when it comes to the question of stability. Finally, I introduce the idea of an overlapping consensus on dialogue that, I argue, can combine the strengths of Rawls’ and Habermas’ solutions, while avoiding their respective weaknesses, by offering a criterion by which “difference” can be tolerated, and “violence” can be excluded from the political processes of a culturally diversified society.

Self-Sufficiency, Democratic Stability and Noncompliance:When Advanced Democracies Violate International Human Rights Norms

The Power Politics of Institutional Nesting and Overlap: Human Rights Conditionality in Europe