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What is NeutralityRoland PierikUniversity of Amsterdam Wibren Van der BurgErasmus School of Law, Erasmus University Rotterdam; Queen Mary University of London, School of Law August 26, 2011 General Subserie Research Paper No. 2011-02 Amsterdam Law School Research Paper No. 2011-20 Abstract: This paper reinvestigates the question of liberal neutrality. We contend that current liberal discussions have been dominated – if not hijacked – by one particular interpretation of what neutrality could imply; namely, exclusive neutrality, aiming to exclude religious and cultural expressions from the public sphere. We will argue that this is merely one among several relevant interpretations. To substantiate our claim, we will firstly elaborate upon inclusive neutrality by formulating two supplementary interpretations: proportional neutrality and compensatory neutrality. Secondly, we will argue that inclusive proportional neutrality is the most appropriate interpretation in many contexts. Our elaboration highlights that some political disputes should not be seen in terms of the antithesis between liberal neutrality and illiberal alternatives but, instead, as a clash between various valid but incompatible interpretations of what liberal neutrality may imply.
Number of Pages in PDF File: 26 Keywords: state neutrality, Laïcité, Rawls, multiculturalism, inclusive neutrality exclusive neutrality JEL Classification: K19 Date posted: September 8, 2011 ; Last revised: August 27, 2014Suggested CitationContact Information
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