POSTS BY Liav Orgad

The Law of Majorities: A Rejoinder

This has been an instructive discussion that has shed light on some of the most pressing issues of our time. Overall, there is an agreement on the existence of the social entity of the “majority group,” although less on the criteria to identify a majority. Some interesting disagreements are found on the empirical question – whether the majority culture is indeed “needy” (how much, in which field, etc.) – and on the normative question: whether a culturally needy majority should be granted a right to defend its constitutional identity in the immigration context.

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The Law of Majorities

Are Poland and Hungary justified, under international law or EU law, in restricting migration to defend their “Christian heritage”? How about the so-called “European way of life” or their “constitutional identity”? More generally, can a liberal democracy restrict immigration and/or access to citizenship in order to protect the "majority culture” and still remain liberal? Cultural defense policies are mushrooming in Europe, as refugees and migrants from Africa, Central Asia and the Middle East ­ many of them Muslims ­ keep coming to our shores in unprecedented numbers. Can the “cultural defense” of majorities be reconciled with liberal values and, if so, how?

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