HUMAN RIGHTS AND CULTURAL IDENTITY. THE ROLE OF THE PUBLIC SPHERE
This paper proceeds from two assumptions. First, that human rights belong
to the unconditional values of humanity, insofar as these rights explicate
the value of the human being as such – as an end in itself, and not as
a means of attaining other ends. Second, that cultural identity is a value
in itself too. For considerations of space, we will take the value of cultural
identity for granted.
Prima facie, those two assumptions seem to be mutually contradictory.
If we give priority to human rights, this seems to “entitle” us to interfere
in the “internal affairs” of any cultural community if its mores – or,
more generally, if its cultural standards of behaviour – somehow violate
human rights as we understand them. On the other hand, if we prioritize
cultural identity we would be able to justify any mistreatment of human
beings by declaring this to be part of the cultural specificity of the
respective country. In the first case a nation, or a group of nations,
which has the economic and military might to impose its human rights standards
on the rest of the world, will get legitimation of its attempts to control
the internal affairs of other countries, and to achieve cultural and political
dominance as well. In the second case a political regime will be free to
do anything it wants with the citizens of its country with impunity. Any
form of oppression may be claimed to be an element of the cultural identity
of the people against which it is exercised.
Obviously, simple postulation of the priority of rights or identity
cannot be conducive to dialogue with “the other side.” The arguments of
the human rights champion are worthless to the cultural identity champion
and vice versa. One of the ways through which mutual understanding may
be achieved is to justify one’s own position by referring to some sort
of universally accepted norm or value. If I succeed in demonstrating that
a given human right or cultural identity deserve to be respected because
that ensues from a universally accepted moral regulative – not because
I think that this should be the case – I could count on far greater understanding
from my opponent. His? attitude to my claim would depend not on whether
he likes or dislikes my position, but on his own morality. If he admits
that this claim is indeed based on a universally accepted standard of behaviour,
i.e. a standard recognized by himself too, my opponent would have to concede
my claim even if it might seem unacceptable to him. In other words, universal
regulatives may serve as a criterion of the legitimacy of particular human
rights and cultural traits. And if in a given istance there is no incompatibility
between them, the contradiction between respecting rights and respecting
cultural identities in this particular case can be considered as resolved.
* * *
Is it possible to claim that there are universally accepted moral norms
and values at all? It seems that this claim is contradicted by the countless
social, national and cultural conflicts that take place all over the world.
If we all recognized the validity of, albeit just several, universal standards
of behaviour, shouldn’t we be capable of reaching agreement on at least
the basic parameters of our co-existence in order to avoid our deadliest
clashes?
The contemporary advance in scientific disciplines such as cultural
anthropology, intercultural communication and hermeneutics shows the limitations
of naïve liberalism expounded in the spirit of Locke and the French
Enlightenment, as well as of cultural evolutionism. Today no one can afford
to regard cultural specificity as civilizational backwardness. Yet this
advance in theory has also made researchers aware that morality is culture
dependent – a relationship which can be a substantial obstacle to the universal
validity of any moral regulative (see Apel 00:140). If we assume that ethical
values and norms in a given society are an “offshoot” of its mores, how
could we expect them to be respected beyond this culture too? It seems
that cultural relativism is only a step from ethical relativism.
Here we will examine several theoretical attempts to show that moral
regulatives may be universally valid in the conditions of genuine cultural
pluralism. Before that, however, we will dwell briefly on the question
raised above – doesn’t the actual increase in new social and cultural conflicts
suggest that there have never been (and are unlikely to be) universally
accepted norms and values.
Discussing this problem, we ought to keep in mind that if people recognize
the validity of a given moral norm, this does not yet mean that they will
apply this norm by its own logic. History shows how ever since the dawn
of time, norms that have been nominally upheld in an unconditional form
have actually been applied with substantial limitations. In the typical
case, a given standard of behaviour is observed only in regard to "us",
the so-called "in-group", while all who belong to “them” are treated either
regardless of any moral constraints (i.e. “no holds barred”), or by substantially
different rules. The excuse for such “double standards” – the moral commitment
to “the barbarian” or “the savage” is entirely different from that to “in-group"
members – may vary by degree of sincerity. It ranges from pragmatic stipulations
(for example, that in a critical situation, especially if there is an inter-group
conflict, the interests of one’s own community have unconditional priority,
and morality becomes “temporarily” invalid in regard to anyone who threatens
those interests) to explicit denial of “the strangers’ ” belonging to humankind.
This study, however, is concerned with respect for human rights within
a given nation and/or cultural community, i.e. it does not prioritize the
problem of corporate application of morality. In this case the question
is, rather, whether the mores in a particular country meet some sort of
general, if not universally accepted, standards. Hence the theoretical
task is to establish the extent to which the latter may claim to be valid
for different cultures and in different conditions.
In his book Foundations of Religious Tolerance, J. Newman notes one
possible justification of such a claim. According to his theoretical model,
the ultimate values are the same, or at least similar, throughout the world,
and are merely interpreted or applied in different ways depending on the
geographical and historical conditions. Newman coins the term “trans-cultural
values,” citing e.g. love, justice, peace, economic prosperity, wisdom,
progress, self-realization, duty, honour (see Newman 82:66-67). Those values
may be regarded as an ideal of what ought to be, whereas cultural differences,
as an expression of different views on the ways of attaining those ideals.
This position may fit into the conceptual background of both cultural
evolutionism and cultural relativism. Newman tends towards the former,
insofar as he thinks that any society or religious group may be rated by
a “scale of civilization” depending on “…how much or how successfully its
ideal values have been realized”* (Newman 82:68). As the quote shows, Newman
assumes that the levels of realization of one and the same ideal in different
situations may be commensurable. Even though two or more cultural communities
may pursue one and the same end by different means, each community’s progress
at a particular point in time may be evaluated and compared with the other’s.
This relation between ends and means, however, may also be interpreted
in the spirit of cultural relativism. If we admit that the alternative
means of achieving an end may be radically incommensurable, the attempts
to divide cultures into advanced and backward in terms of “civilization”
will prove groundless and even harmful, insofar as they fuel ambitions
for domination of some societies over others. If, for example, we consider
human dignity as a common ideal of a modern and a traditional value systems,
we will see that in these cases the actual behaviour that conforms to the
same ideal is radically different. Respect for the modern person’s dignity
takes the form mainly of guarantees of his individual autonomy – the inviolability
of his private life, freedom of choice, responsibility in the light of
universal norms of behaviour. By contrast, in a traditional environment
the person’s dignity is measured foremost by his loyalty to his community.
Precisely the individual’s non-alignment with particularistic interests,
which is a conditio sine qua non for his in Modernity, is counter-indicative
for the person’s dignity in traditional society. The closer someone’s status
in a given instance is to the ideal of dignity in one dimension, the farther
it is from the same ideal in the other dimension. Then how could one compare
the progress towards this end, which is achieved along these two different
routes?
Yet irrespective of whether this scheme of the relation between cultural
differences and similarities is applied in an evolutionist or relativistic
context, it works equally well. We may validate normative claims in both
cases – as long as the requirements that we tolerate cultural practices
which run counter to our own views are justified by referring to values
which are among our own moral regulatives.
Another author, S. Bok, attempts to resolve the same problem by applying
a definitely descriptive approach. She claims that social life has certain
traits which are universal simply because “any community in which they
were altogether lacking would be short-lived” (Bok 95:14). Christian, Buddhist,
Jain, Confucian, Hindu and many other scriptures invariably assert three
types of values. Those are “the positive duties of mutual care and reciprocity;
the negative injunctions concerning violence, deceit, and betrayal, and
the norms for certain rudimentary procedures and standards for what is
just” (Bok 95:16).
A similar view is expounded by P. Strawson, who introduces the term
“minimal interpretation of morality” referring to the need of keeping fundamental
rules of conduct if a society wants to be viable. Those fundamental rules
are “the abstract virtue of justice, some form of obligation to mutual
aid and mutual abstention from injury, and, in some form and in some degree,
the virtue of honesty” (Strawson 70:101).
Conceptions of this type fail to answer an important question. Are
universal values and norms universal because they are trivial abstractions
from the full-fledged, real value systems which have “crystallized” in
the different trends of cultural development; or, by contrast, are they
some sort of fundamental integral motives of human behaviour that only
appear in different “guise” in the different cultures because of contingent
historical circumstances? This question is not insignificant, because in
the first case universal moral regulatives would not deserve to be taken
seriously – they would be, to quote M. Walzer, a sort of moral Esperanto
(Walzer 94:7). The second case would largely refer us back to classical
cultural evolutionism – to devaluation of cultural identities.
Walzer himself proposes a radical alternative. In his scheme of thin
and thick morality, he presents the former as a manifestation of the latter
– as occasional overlapping of different value systems in socially critical
situations, as flashes of solidarity in the event of natural disaster,
war and revolution. In such situations we spontaneously identify with “the
others”, and realize that in this particular case we can understand them
whatever our cultural differences may be (see Walzer 94:18).
Walzer’s approach has definite advantages over the more traditional
attempts at reconciling universal regulatives with cultural pluralism.
He explains the empathy with the Other’s joy and suffering, which arguably
all of us have felt at some point in our lives, without introducing an
abstract theory of value relationships. Yet the latter is also his main
shortcoming. Those “ad hoc solidarizations in crisis situations,” to quote
K.-O. Apel (Apel 00:147), cannot be turned into algorithms. They cannot
serve as the basis of a common responsible policy (ibid.).
Indeed, the problem of universal norms and values poses a great challenge
to ethics and philosophy in general. This paper, however, is concerned
with them in connection with a particular task: establishing the extent
to which it is possible to legitimate certain human rights and certain
cultural traits in the eyes of the world by referring to such regulatives.
For the purpose, we do not have to go into the details of the dispute on
the justifications of universal standards of behaviour. We only have to
agree with, say, authors like Newman, Bok and Strawson, that there are
culturally-normative invariants, and we can proceed to discuss the possibilities
of their serving as a reference point in intercultural dialogue in the
course of which dividing lines between cultural specificity and despotism,
as well as between human rights protection and intervention in the internal
affairs of another sovereign country, are drawn in a reasonable and mutually
acceptable way.
When discussing the possibility of legitimating a certain human right
or cultural trait by referring to a universal value or norm, we are faced
with an obvious problem. How to distinguish between the justified and the
purely declarative references of this kind. Should we accept as valid every
claim that some social action or relationship be regarded as a realization
of a universal regulative? Hasn’t virtually every major historical crime
been claimed by its perpetrators to have been committed in the name of
beautiful ideals? Haven’t many wars been waged in the name of peace? Who
should have the authority to judge whether in a particular case there is
a substantiated claim, relating the respective human right (or cultural
trait) to the respective universal regulative, or there is just cheap rhetoric?
Formal logic can hardly help in this respect. False conclusions may
be correctly deduced from false premises. Even absurd theses may be clad
in impeccable logical form, whereas intercultural misunderstandings usually
stem not from not understanding, but from radically misunderstanding the
Other.
One might consider developing a theoretical procedure for justifying
the relation between rights or cultural traits and universal values (norms).
J.Newman proposes such a method in his above-mentioned book. As noted above,
Newman presents cultural differences as an expression of different strategies
of realization of the same ideals – of the so-called “trans-cultural values.”
This approach can arguably be applied to evaluate arguments of the type
under consideration. One can compare the end (some universal value) and
the means (alternative sets of cultural standards), and judge which means
are adequate to the end, and to what extent. Newman cites cases of obvious
incongruity between historical undertakings and the values in the name
of which they have allegedly been launched. How could the attack on Poland
in 1939 be adequate to Nazi declarations that the Third Reich was aspiring
towards peace; or how could torture and burning on the stake be adequate
to the Spanish Inquisition’s claims that it was guided by love for thy
fellow (see Newman 92:70)?
Anyone with some knowledge about the history of the events cited by
Newman ought to be aware that it is possible to provide certain arguments
that the means were indeed adequate to the end in both cases. It is a historical
fact that Nazi Germany accused Poland itself of aggression and presented
the attack as justified resistance. It is also known that by causing physical
suffering to the heretics the Inquisition arguably helped them to atone
for their sins and thus save their souls. So Newman’s proposal may be regarded,
rather, as proof that we could hardly distinguish adequate from inadequate
means of realizing an ideal by applying a purely theoretical procedure
– in his terms, “critical examination” – and thus justifying a given social
relationship in the light of a universal regulative.
One “instrument” that has been frequently applied for the purpose,
is public opinion. The mass media have been employed extensively in this
regard. The past few decades have seen many media campaigns in defence
of human rights in other lands, as well as against the intervention of
world imperialism in the own country’s internal affairs. At that, reference
to universal values has been commonplace in those campaigns. Various techniques
of public opinion making have been employed to assert relations between
social reality and the sphere of the normative which, upon theoretical
examination, often prove groundless.
Is it possible to have successful dialogue between cultural formations
if the public opinion in one’s own country is cited as an argument supporting
one’s own position? Could we hope that a political regime that apparently
abuses human rights would be strongly impressed by the unanimous outcry
in the media on another continent? Or that the economic pressure and threats
of military intervention, through which a world superpower tries to force
the government of another sovereign country to change its policy, would
be stopped as a result of mass demonstrations in the latter country? As
20th century history shows, "arguments" of this kind seldom bring about
mutual understanding.
We can cite different reasons why public opinion cannot be an absolute
judge of the correspondence of a given cultural phenomenon to universal
norms. First, it is well known that public opinion is subject to manipulation.
If a political force controls most of the mass media, it would be capable
of moulding public opinion to its own advantage – even if there are no
restrictions on the freedom of speech.
And then, even if there is no manipulation and public opinion expresses,
by and large, the genuine attitudes of the public, there is still no guarantee
that the ordinary people themselves will correlate adequately a given cultural
phenomenon with the respective values and norms. Philosophy refers to this
by the category of “false consciousness.” It is a fact that the notion
of human rights differs significantly from one nation to another. What
is seen by some as an intolerable abuse of freedom and dignity, is entirely
normal for others. Yet does this difference stem from cultural specificities
that are significant to the cultural identity of the people and are worth
respecting? Couldn’t the unenlightenment of one part of the public be at
the core of its position that justifies the curtailment of rights? And
perhaps the unenlightenment of those people could even be an obstacle to
the constructive realization of their cultural identity, to full-fledged
expression of its potential? Or vice versa – why can’t we presume that
a missionary mentality of the other part of the public, deliberately cultivated
in it for centuries, is the real reason why this part of the public is
trying to make other people’s decisions about what is tolerable and what
is intolerable for them?
Contemporary research on the mechanisms of public opinion formation
pays special attention to the so-called public sphere. Its role in legitimating
social and cultural relationships is noted, albeit in other terms, even
by I. Kant. In this connection J. Habermas interprets in The Structural
Transformation of the Public Sphere certain formulations in works like
“Perpetual Peace” and “What is Enlightenment” – for example, “the harmony
which the transcendental concept of public right establishes between morality
and politics” (Kant 57:129). Habermas thinks that the message here is that
the public sphere may be the bridging principle between politics and morality.
He refers to a constitution of the state according to which political actions
ought to in agreement with “the foundation of the laws, which in turn had
been validated before public opinion as being universal and rational laws”
(see Habermas 92:108). In this sense, the public sphere may be a guarantee
of the legality and legitimacy of political undertakings, as long as it
guarantees the fairness of public opinion formation.
What does “public sphere”* mean here? Since we are aware of the polysemy
of the term, we use it here only in the sense of Habermas’s above-mentioned
book: as "all those conditions of communication under which there can come
into being a discursive formation of opinion and will on the part of a
public composed of the citizens of a state" (Habermas 92A:446). This is
a process of communication which is: 1) rational; 2) “open,” accessible
to everyone concerned – both as sources and recipients of information;
3) in which participants are equal in principle; 4) as a result of those
preconditions, it has a self-transforming potential.
The legitimacy of the positions formed in the course of public debate?,
(or at least subject to public approval), depends on the character of the
procedure just described, rather than on their adequacy to the original
will and qualities of the participants (see Habermas 92A:446). Adherence
to the rationality and openness of communication, as well as the equality
of participants, guarantee that its results would be acceptable to all.
A debate of this type could proceed from an at least nominal mutual
respect of the partners. The subsequent exchange of arguments is nothing
but rational concretization of the originally recognized “equal value”
of participants – what its reciprocal recognition entails for the subject
of the particular debate. In this case it is not of crucial importance
whether each of the participants really, sincerely recognizes the other
side’s interests. If the procedure has been properly applied, the result
is the same as it would have been if the partners had genuinely abided
by moral norms in their relationship. Yet while respect for moral regulatives
cannot be established empirically and could therefore be “simulated,” observance
of the procedure can be established by objective methods. In this sense,
even though the public sphere tends to equate social with moral relations
on a secondary basis, it is irreplaceable as a source of motivation to
“outgrow” one’s own interest in one’s relationships with the others.
On the other hand, the public sphere makes it possible to avoid abuse
of public opinion. Manipulation is far more difficult if public opinion
is formed in a free public clash of arguments “for” and against.” If we
take this approach to the task of distinguishing between legitimate and
illegitimate claims about human rights and cultural identity, we will arrive
at the conclusion that demagogic reference to universal values and norms
has little if any chance of success if anyone may demand further specification
of an argument and question its validity before the eyes of a public that
will judge rationally who is right and who is wrong.
Yet this general possibility should not be taken for granted. Contemporary
studies of publicity tend to overrate the homogeneity of the public sphere.
The legitimating potential of public opinion drastically declines when
the latter proves deeply divided in some respect. Exclusion mechanisms
are triggered almost automatically in regard to the representation of cultural
“Otherness” in the public sphere. This is quite clear in, for example,
Western discourse on Islamic culture. The latter has little if any possibility
for self-representation in the Western public sphere. And this is not due
to lack of good will and material resources. There is also a deep mistrust
and even suspicion of the normative claims of “the other side,” an apparent
irrationality in the hierarchy of value priorities in the other culture.
As noted above, rational, i.e. argumentative, communication is one
of the sine qua nons for the public sphere. If this communication process
took place in the sphere of intercultural relations, the interests of each
party would not be “transparent” for the others. Such communication would
be a meeting of different life-worlds, different value systems, different
codes of deciphering meanings. If one of the parties substantiated its
claim that a cultural trait of its society was legitimate by referring
to a specific cultural need of its, how could the others know whether it
was telling the truth. If none of them had this particular need, or if
the latter was not a priority in the particular case, this could not be
an argument against the claim, because such is the “nature” of culture
– what is important for me might not be important for you, and vice versa.
How could one rationally object to a hypothetical claim for, say, privileges
for a religious minority, the members of which believe for some reason
that it is a sin to handle any machinery. Would it be just (i.e. here we
are referring to a universally accepted value) if the other people who
happened to be working with members of the said minority, had to conform
with this peculiarity of their fellow workers? How could someone who does
not belong to such a group know precisely how important it is for its members
to keep this rule without exception and compromise? They might really care,
or that might be nothing but a silly superstition. Does he have any choice
but to believe all that the Others claim? He can certainly not step in
their shoes.
How could one find a way out and use the otherwise huge legitimating
potential of publicity to clarify the relation of specific cultural practices
and the universally accepted moral values. We think that a direct campaign
against the heterogeneity of the public sphere has little chance of success.
It would be more feasible to focus on intensifying and advancing in-group
dialogue, i.e. publicity within the cultural communities. If the problem
of mutual “opening up” between Islamic and Western cultures becomes a standing
and significant issue of free discussion in the Muslim world, and this
process is accompanied by an analogical development “on the other side,”
it will be possible to evaluate not the validity of the others’ normative
claims directly, with all their “intransparency,” but only the formal,
procedural quality of the public discourse that has produced them.
To establish whether public opinion-making in another culture is fair
– i.e. whether each person is free to uphold his position in a way that
enjoys full respect, whether the end result of a debate on a given issue
is the product of a reasonable exchange of arguments – you do not necessarily
have to go into the specificities of the others’ cultural life. In that
case, if “the other side’s” in-group discourse meets the general formal
criteria, you would be able to conclude that the normative claims formulated
by this discourse really express the relation between the others’ cultural
practices and universal values, and are not yet another propaganda bluff.
This will be a crucial step towards bringing empirical differences under
the common denominator of fundamental similarities – which is the scheme
of intercultural understanding promoted in this paper. If, for instance,
public opinion in a particular country accepts that on the whole human
rights in that country correspond to universal standards, “the outside
world” may trust this evaluation without inquiring as to what exactly is
permitted and prohibited there, and without making comparisons with the
situation elsewhere in the world. It would be enough to establish that
the procedural standards of public opinion formation in the conditions
of a full-fledged public sphere have been kept.
Applying such a proceduralist approach to the problem of intercultural
understanding, we generally follow the well established methodology of
discourse ethics. Precisely as according to the latter, the efforts for
arranging the relations among the participants in the dialogue are to be
concentrated on the procedure of fair working out of consensus about the
norms, which should regulate these relations. The dialogue doesn't concern
the differences in the content of the participants' initial positions (i.e.
differences in terms of interests, mores, value systems, etc.). In this
way enough free space is left "for a plurality of individual and collective
projects of the good life or of self-realization" (Apel 00:149). The relations
among the participants are to be harmonized without anyone interfering
in the internal affairs of the others.
There is, however, one important difference. The discourse-ethical
procedure regulates the direct communication among the participants. This
methodology can be applied to intercultural relations only if there is
a significant cultural proximity between the parties to the dialogue. In
practical discourse, argumentative communication plays a key role. This
means that each party should acknowledge or question (with counter-arguments)
the validity of the partner’s normative claims. Yet if the debate deals
with moral norms, how could agreement on the validity of such a claim be
reached by proceeding from different cultural positions? It seems that
a proceduralistic minimization of the involvement of content in the ethical
dialogue, which could make it relevant to intercultural relations, can
not be achieved in this way.
That is why we suggest taking a more radical step. As noted above,
it seems more practicable to elaborate abstract universal criteria of fairness
of the in-group “discourse,” i.e. the discourse within a cultural community.
In other words - to elaborate such criteria of the full-fledged functioning
of the public sphere in the respective society. This could, in turn, serve
as the basis for reciprocal recognition of the validity of normative claims
in intercultural communication, with each party evaluating not directly,
from their own perspective, the argumentation of the other party’s claim,
but only its fairness in terms of the other culture’s own mores. That is,
the extent to which this claim expresses the genuine position of the other
party to the intercultural dialogue.
* * *
Of course, healthy skepticism demands consideration of at least another
two questions. First, isn’t our original notion of the public sphere over-idealized?
The theoreticians of this type of publicity themselves regard their considerations
as regulative, i.e. the question is on what conditions could the public
sphere mediate relations between politics and morality constructively.
This is not claimed to be a reality somewhere in the world (e.g. in economically
advanced Western countries). Still, is the ideal expounded in such detail
by authors like Habermas attainable at all?
Contemporary publications on the issue leave the impression that the
main obstacle to the effective functioning of the public sphere is identified
as the latter’s dominance by power relations. In this respect, hopes are
pinned on the emergence of a “spontaneous flow of communication unsubverted
by power, within a public sphere that is not geared toward decision making
but toward discovery and problem resolution and that in this sense is nonorganized”
(Habermas 92A:451). The social significance of such publicity would not
take the form of direct participation in government, but in the exercise
of a “communicative power that cannot take the place of administration
but can only influence it. This influence is limited to the procurement
and withdrawal of legitimation” (Habermas 92A:452).
Of course, it remains to be seen how inclined political power would
be to relinquish control over such a source of legitimation which it could
use, or at least render harmless. Either way, in his above-mentioned book
Habermas stipulates something that is rather indicative: regarding politics
the public sphere may function fairly only with the guarantees of a constitutional
state and with the assistance of “the supportive spirit of cultural traditions
and patterns of socialization, of the political culture, of a populace
accustomed to freedom” (Habermas 92A:453).
This brings us to the second difficult question. Could we hope that
the mechanisms of the public sphere that have developed in a particular
cultural environment – that of Western civilization – would function effectively
in another cultural environment? Isn’t the approach to intercultural understanding
discussed here yet another expression of cultural imperialism? Isn’t this
an attempt to impose on Islamic culture a Western procedure of public opinion
making? Will the Islamic position on any issue of interaction with other
cultures be authentic if it is formulated by applying alien rules? Wouldn’t
it be legitimate to refuse to apply free and rational discussion in the
elaboration of such a position simply because this procedure is against
Islamic mores? Let us take the different interpretations of the relation
between the principle of the shura and parliamentarism only as an example
of the problems created by attempts to develop political pluralism in countries
with strong Islamic religious and cultural traditions. Opinions vary from
the presentation of parliamentary elections as one of the possible realizations
of the shura, to the contrasting of shura as prescribing a consultative,
consensual model of decision making, and Western democracy as encouraging
conflict and compromise in political life (see Trautner 99:45).
In this connection, M. Walzer’s objections seem valid in this case
too, even though they originally refer to the proceduralistic moral minimalism
of discourse ethics. In his book Thick and Thin. Moral Argument at Home
and Abroad, Walzer questions the moral-minimalistic character of the discourse
procedure. According to him, this procedure presupposes rather specific
conditions. Its rules of engagement “are designed to ensure that the speakers
are free and equal, to liberate them from domination, subordination, servility,
fear and deference” (Walzer 94:12). Otherwise their arguments could not
claim to be valid. Yet the said conditions necessarily depend on a particular
social structure, political arrangements, distributive standards. Values
such as equality and tolerance, rights such as the right to free speech,
predetermine themselves a particular way of life (ibid.). Could we demand
that every society, whatever culture it belongs to, fulfill procedural
criteria of publicity “customized” to suit Western democracies?
We think that the public sphere in any society beyond the Western cultural
circle might be able to fulfill the functions that are important for us
here – i.e. clarify in a legitimating way the relations between specific
cultural practices and universal moral regulatives – even if it does not
fully meet the above-mentioned criteria. It ought to be possible to universalize
those requirements, reformulating them as the possibly most abstract standards
of fairness of the public debate which forms public opinion. Needless to
say, this is impossible without knowing different cultural traditions and
using their potential to harmonize alternative positions in public life.
Forums such as this one could be a step in this direction. Discussions
devoted to questions of this type ought to have a place of their own in
a future dialogue of civilizations.
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