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The Cultural Defense of Nations – A Liberal Theory of Majority Rights, written by Liav Orgad

The Cultural Defense of Nations – A Liberal Theory of Majority Rights, written by Liav Orgad The question of the potential changes that those coming from the outside through the means of immigration may bring upon the majority cultures in, particularly, liberal states, and how to deal with such potential contestations of certain liberal values through migratory movements, has been at the forefront of political and legal debates over the last years. Liav Orgad, in his insightful contribution, identifies certain mechanisms that he terms ‘cultural defense policies’, which are being applied by Western liberal states in order to defend the majority cultures from allegedly negative influences stemming from illiberal practices brought into liberal nation states through immigration movements. These mechanisms consist of for example citizenship tests, integration contracts, loyalty oaths, attachment requirements or certain language requirements. Orgad thereby identifies that such cultural defense policies have been widely applied to protect the values of majority cultures, while the states using such mechanisms have not been explicit about the culturally-oriented protection goals of these policies. In his analysis, he tries to make the implicit goals of these culture defense policies explicit while also to some extent questioning the legitimacy of such policies from a liberal point of view. Additionally, in reaction to some of the normative problems http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Tilburg Law Review Brill

The Cultural Defense of Nations – A Liberal Theory of Majority Rights, written by Liav Orgad

Tilburg Law Review , Volume 22 (1-2): 4 – Oct 5, 2017

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2211-0046
eISSN
2211-2596
DOI
10.1163/22112596-02201014
Publisher site
See Article on Publisher Site

Abstract

The question of the potential changes that those coming from the outside through the means of immigration may bring upon the majority cultures in, particularly, liberal states, and how to deal with such potential contestations of certain liberal values through migratory movements, has been at the forefront of political and legal debates over the last years. Liav Orgad, in his insightful contribution, identifies certain mechanisms that he terms ‘cultural defense policies’, which are being applied by Western liberal states in order to defend the majority cultures from allegedly negative influences stemming from illiberal practices brought into liberal nation states through immigration movements. These mechanisms consist of for example citizenship tests, integration contracts, loyalty oaths, attachment requirements or certain language requirements. Orgad thereby identifies that such cultural defense policies have been widely applied to protect the values of majority cultures, while the states using such mechanisms have not been explicit about the culturally-oriented protection goals of these policies. In his analysis, he tries to make the implicit goals of these culture defense policies explicit while also to some extent questioning the legitimacy of such policies from a liberal point of view. Additionally, in reaction to some of the normative problems

Journal

Tilburg Law ReviewBrill

Published: Oct 5, 2017

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