A Pluralist Theory of Political Rights in Times of Stress
Benjamin N. Cardozo School of Law
May 1, 2005
Cardozo Legal Studies Research Paper No. 116
Political rights in a democracy can be narrowly defined as largely confined to the right to vote and to be eligible for elective office. Or they can be broadly conceived as encompassing a broad array of civil and even social and economical rights to insure effective participation in the political arena. The nature and scope of political rights also differs depending on whether one adheres to liberalism, which promotes individual self-realization; republicanism, which prioritizes self-government; or communitarianism, which is oriented towards communal solidarity. Furthermore, the optimal array of political rights is likely to vary according to whether a polity is experiencing ordinary times of crisis, of times of stress that fall somewhere between the two.
The article explores the optimal allocation of political rights in times of stress from a pluralist perspective. According to this perspective, political issues within a polity are best understood as conflicts between self and other. In times of stress, though there is no rupture between self and other, their relationship becomes increasingly strained. By examining conflicts that are typically associated with conditions of stress, including hate speech, militant democracy, the war on terror and pacted secession, the article develops contextual approach to political rights best suited to such conditions consistent with a pluralist ethos.
Number of Pages in PDF File: 70
Keywords: human rights, political rights, united nations, political theoryworking papers series
Date posted: May 17, 2005
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