Publication Type: Conference Paper/Unpublished Manuscript
Abstract: How wide a range of social practices should be tolerated? One issue of concern here -- raised by Okin and others -- is that some social practices entail the domination of minorities within minorities, and so the toleration of those practices might entail social injustice. Suppose we want to take this concern very seriously, and thus start with the assumption that freedom from domination should be our first priority. What then would be the appropriate bounds of toleration? Approaching the problem of multicultural accommodation from this point of view greatly clarifies the debate, and yields some interesting results. In particular, this paper concludes that there are circumstances under which the goal of minimizing domination itself would be furthered by policies of special accommodation.

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Basque nationalism is exceptional amongst nationalist movements in Western democracies insofar as it features a violent stream, embodied by ETA and its now outlawed political arm Batasuna. Alongside this radical nationalism is a non-violent but still incisive moderate stream represented by the Partido nacionalista vasco (PNV). This dual representation of sub-state nationalism produces a political dynamic which is particularly challenging for the Spanish state. This paper tackles the issue of nationalist conflict in Spain's Basque Country by analyzing strategies for managing moderate Basque nationalism and pacifying its radical counterpart. More specifically, the paper investigates three distinct frameworks for approaching nationalist conflict management. A first possibility is to work within the parameters of the current Spanish constitution. Here, the paper will discuss the feasibility and potential for accommodation of at least three options: increasing Basque autonomy by transferring new powers to the Basque government; re-defining Spain as a multinational rather than a nation-state, which would mean meeting the longstanding Basque claim of recognizing rights to self-determination; and bolstering the influence of Basque politicians in Madrid through added representation or some form of consociational practices. A second possibility is to alter more substantially the nature of the political relationship between the Basque government and the Spanish state. From this perspective, the paper will discuss the proposal put forward by Basque president Ibarretxe for the status of the Basque Country as a 'free and associated state' with Spain. Drawing insight from theories of federalism and empirical examples such as Puerto Rico, it will flesh out the possible forms that such a status could take as well as examine the political and social conditions necessary for the actualization of the Ibarretxe plan. A third angle from which to tackle the 'Basque problem' consists of focusing on ETA. Here, I will review various peace proposals formulated by Johan Galtung and other academics and attempt to flesh out key elements for the instauration of durable peace in the Basque Country. I will also discuss the type of process that could lead to such an outcome (including the possible use of referendums) as well as the context that could produce meaningful negotiations between ETA, Basque political parties and the Spanish government.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper analyzes the four theories to explain state accommodation of Muslim minorities in Europe, and proposes a fifth dimension to account for the Islamic variable.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Three theoretical approaches address the question of facilitating minority cultures while ensuring gender equality within minority cultures in multi-religious and multi-ethnic democracies. Some scholars advocate constructing multicultural citizenship to ensure flourishing of diverse cultures. Criticising this proposal as statist and gender-blind, others argue for democratisation of inner realms of cultural communities as a solution to accommodate difference in democracies. More self-consciously feminist arguments call for multicultural jurisdictions which privilege citizenship rights in some legal spheres and accord primacy to intra-community governance in others. These debates are particularly relevant to discussions around recognition of religion-based personal laws, i.e., laws governing family relations in marriage, divorce, inheritance and maintenance, since personal laws demarcate group boundaries and govern intra-household distribution of resources.The paper engages with these normative theories through an empirical investigation of the Indian model of legal pluralism which incorporates elements from all the approaches discussed above. The paper discusses the efficacy of the Indian model by examining the micropolitics of adjudication in state-courts and informal forums and suggests that hybrid rather than segregated legal spheres provide more avenues for negotiating women’s rights.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Should religious institutions and religious practitioners b allowed exceptions from laws which others must obey? At present, one of the main methods the US uses to protect the free exercise of religion is the practice of accommodation, where religious practices are, in many instances, exempt from law. I argue thta, in fact, religious accommodation is morally unfounded, and undercuts the neutrality of law, which is one of the foundations of democracy. While one may, in some cases, value differences of conscience, and wish to include accommodation for conscience in the formulation of law, there is no justification for treating religious conviction differently from other moral conviction. I will apply this analysis to two common practices: sex discrimination in hiring within the church, and deviations in educational curricula for religious reasons.