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Liberal Restrictions on Public Arguments: Can Nationalist Claims be Moral Reasons in Liberal Public Discourse?*

Published online by Cambridge University Press:  01 January 2020

Geneviève Nootens*
Affiliation:
Université du Québec à Chicoutimi
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Extract

Asserting the relationship between liberalism and nationalism is no easy matter. Liberal philosophers have been very suspicious of the phenomenon of nationalism, partly for historical reasons (e.g., national socialism) and partly for philosophical ones (amongst which a belief that liberal principles would override people's need for identification with ethnocultural communities). But even if some still consider the expression ‘liberal nationalism’ to be an oxymoron, most of current Anglo-American liberal work on the subject leans toward a more nuanced approach, trying to specify how hospitable liberalism should be to nationalistic claims. The challenge, from this point of view, is to explain why and how political philosophy can incorporate national attachments to a moral argument on people's identity and distributive justice. In fact, it seems that nationalist rhetoric has found in identity politics a rather safe (even if narrow) way of entering liberal discourse.

Type
PART III: For and Against Nationalism
Copyright
Copyright © The Authors 1996

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References

1 Levinson, Sanford, ‘Is Liberal Nationalism an Oxymoron? An Essay for Judith Shklar,Ethics 105 (April 1995) 626-45CrossRefGoogle Scholar

2 Charte de la langue française, L.R.Q., c. C-11. Commercial signage, for example, has been an important source of conflict and judiciary debate in Quebec. The original version of the Charte de la langue française, adopted in 1977, imposed French as the exclusive language of public signage and commercial advertising (article 58). In 1988, the Supreme Court of Canada concluded, in Ford, that the prohibition of any language other then French in public signage and commercial advertising was contrary to freedom of expression. The National Assembly then resorted to a constitutional dispensatory clause to maintain the exclusive use of French in exterior signage; but in 1993 article 58 was modified in such a way as to ensure the predominance of French without prohibiting the use of other languages, so as to avoid resorting to the dispensatory clause relative to freedom of expression (Law 86, 1993, C. 40, article 18).

3 Tamir, Yael, Liberal Nationalism (Princeton, NJ: Princeton University Press 1993), 65Google Scholar; Norman, Wayne, ‘Prelude to a Liberal Morality of Nationalism,’ in Brennan, S., Isaacs, T., and Milde, M., eds., A Question of Values: New Canadian Perspectives in Ethics and Political Philosophy (Atlanta: Rodopi 1997Google Scholar [Value Inquiry Book Series #40]); Miller, David, ‘In Defence of Nationality,Journal of Applied Philosophy 10:1 (1993) 68CrossRefGoogle Scholar. See also Taylor, Charles, ‘Why Do Nations Have to Become States?’, in French, Stanley G., ed., Philosophers Look at Canadian Confederation (Montreal: Canadian Philosophical Association 1979), 33.Google Scholar

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8 Barnard, , ‘National Culture and Political Legitimacy,250-1Google Scholar. See also Taylor, ‘Why Do Nations,’ and Yack, , ‘Reconciling Liberalism and Nationalism,’ 180Google Scholar.

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23 See for example Flanagan, Owen, Varieties of Moral Personality. Ethics and Psychological Realism (Cambridge, MA: Harvard University Press 1991), 138-9Google Scholar: he stresses that “the self as represented often has motivational bearing and behavioral effects,” and that self-represented identity draws on available theoretical models about the nature of the self.

24 Norman, , ‘Prelude,’ 13Google Scholar

25 By pointing to what seems acceptable or not in our liberal democratic societies, I want to stress that such ‘agreement’ is the result of a specific historical and intellectual journey, but that this should not close the door to judgments of practical reason as to the worth of these achievements. The point of view from which we proceed to such judgments will always be ours; but we should not give up the quest for objectivity.

26 See for example the decisions of courts in the following cases: B. (R.) v. Children's Aid Society of Metropolitan Toronto [1995]1 S.C.R. 315; Wisconsin v. Yoder 406 U.S. 205; Mozert v. Hawkins County Board of Education 827 F. 2nd 1058 (6th Cir. 1987).

27 Kymlicka, Will, Multicultural Citizenship: A Liberal Theory of Minority Rights (Oxford: Clarendon Press 1995), 45Google Scholar

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29 See my ‘Ontologie, philosophie et politique: la critique de la tradition épistémologique chez Charles Taylor,’ Dialogue 35:3 (1996), 553-569.

30 Kymlicka, Will, Liberalism, Community, and Culture (Oxford: Clarendon Press 1989), 164-6, 178Google Scholar

31 On this paradox, see also Danley, John R., ‘Liberalism, Aboriginal Rights, and Cultural Minorities,Philosophy and Public Affairs 20:2 (Spring 1991) 180-1Google Scholar.

32 Wayne Norman, ‘Domesticating Secession,’ unpublished paper

33 For example, Habermasians may argue that such a point of view confuses the justification of norms with their applicability, whereas we have to keep these issues separate.

34 Dworkin, , ‘Lord Devlin,’ 63Google Scholar. Kedourie's Nationalism is a good example of an emotional characterization of nationalist aspirations: “It is at these extremes of human nature which they knew so well how to explore, where horror and delight, love and hate, cruelty and tenderness are indistinguishable, that the Romantics sought a heightened, transformed, superhuman existence, which might abolish life as it is actually lived; nationalism is the political expression of this quest.” Kedourie, Elie, Nationalism (London: Hutchinson 1966), 87Google Scholar. In the same vein, Ignatieff writes that “As a moral ideal, nationalism is an ethic of heroic sacrifice, justifying the use of violence in the defence of one's nation against enemies, internal or external.” Ignatieff, Michael, Blood and Belonging: Journeys into the New Nationalism (Toronto: Viking 1993), 3Google Scholar. He also blames romanticism for this ‘dark’ side of nationalism (see, for example, 4 and 63-64).

35 Gutmann, and Thompson, , ‘Moral Conflict,’ 79Google Scholar

36 Liberals such as Norman and Kymlicka recognize that the stability of liberal institutions depends on the sense of a shared identity that an abstract justification of moral principles alone cannot generate. Taylor has been defending such an argument for a long time, although from his point of view legitimacy, rather than stability, is the crucial issue relative to identification; see for example his Alternative Futures: Legitimacy, Identity and Alienation in Late Twentieth Century Canada,’ in Cairns, Alan and Williams, Cynthia, eds., Constitutionalism, Citizenship and Society in Canada (Toronto: University of Toronto Press 1985)Google Scholar. The problem of the interplay between abstract moral principles and the embeddedness of their signification in concrete settings would be a fruitful way of assessing the relationships between liberalism and nationalism from the point of view of moral psychology.