Description
Democracies within which ethnic, indigenous, religious or national minorities exist attempt to impose on them the values of the dominant society. Illiberal groups respond to this pressure with claims for equality, fair representation in the political process, and, perhaps most importantly, autonomy. This seminar will discuss the challenges of accommodating the rights and needs of illiberal groups within the liberal state. It will focus, in particular, on the pressing philosophical and legal questions. Of particular import will be an examination of U.S. Supreme Court jurisprudence (e.g., Boy Souts of America v. Dale; Santa Clara Pueblo v. Martinez; Wisconsin v. Yoder; etc.) in which the claims of illiberal groups have been examined by American courts. In lieu of an exam, students will write a paper (which satisfies the upper division writing requirement) on a topic approved by the professor.
