2004
Volume 1, Issue 1
  • ISSN: 2212-4810
  • E-ISSN: 2212-6465

Samenvatting

This Article draws upon, but reworks, John Rawls’ framework from Political Liberalism to determine the degree of educational autonomy that illiberal perfectionist religious groups ought to enjoy in a liberal state. I start by arguing that Rawls mistakenly concludes that political liberalism flatly cannot accommodate Perfectionists, and that his misstep is attributable to two errors: (1) Rawls utilizes an overly restrictive “political conception of the person” in determining who participates in the original position, and (2) Rawls overlooks the possibility of a “federalist” basic political structure that can afford significant political autonomy to different groups within a single country. With these insights, I argue that some, though not all, religious Perfectionists are consistent with a stable liberal polity, and explain why foundational Rawlsian premises require that Perfectionists be accommodated to the extent possible.

My ultimate conclusions are that liberal polities ought to grant significant autonomy to those illiberal groups that satisfy specified conditions, and that the autonomy of such “eligible” illiberal groups is subject to two further constraints, which I call “well-orderedness” and “opt-out.” The autonomy to which eligible Perfections are entitled includes the authority to educate their children in a way that provides a fair opportunity for the groups to perpetuate themselves. The constraint of well-orderedness, however, permits the State to impose educational requirements that facilitate peace and political stability. Accommodating eligible illiberal groups, subject to these constraints, is an instantiation of liberal commitments, not a compromise of liberal values.

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2012-01-01
2025-12-05
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References

  1.  Sen, supra note 4, at 82.
  2.  Kymlicka, supra note 14 Ibid., at 76.
  3.  J. Waldron, supra note 26.
  4.  Waldron, supra note 26, at 760.
  5.  Kymlicka, supra note 14, at 152.
  6.  Rawls, supra note 43.
  7.  Kymlicka, supra note 14, at 90–91.
  8.  Waldron, supra note 26, at 759.
  9.  Rawls, supra note 42, at 20.
  10.  Rawls, supra note 42, at 198 (acknowledging that one could justly object if “the well-ordered society of political liberalism fails to establish, in ways that circumstances allow … a just basic structure within which permissible forms of life have a fair opportunity to maintain themselves and to gain adherents over generations”).
  11.  Rawls, supra note 42, at 299. Sen observes this point concerning unanimity as well. See Sen, supra note 4, at 59.
  12.  Banby, supra note 76, at 291 (emphasis added).
  13.  Rawls, supra note 42, at 333.
  14.  Rawls, supra note 42, at 200 (acknowledging that the type of education necessary to sustain the polity he envisions “is in effect, though not in intention, to educate [children] to a comprehensive liberal conception”).
  15.  Kymlicka, supra note 14, at 90.
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