ABSTRACT

This chapter highlights those aspects of liberal theory which would seem to constitute insurmountable obstacles to any liberal theory of collective rights. It outlines the most systematic and rigorous attempt at showing that the conflict between liberal theory and collective rights is only apparent, and at elaborating a recognizably liberal theory of collective rights, that of Will Kymlicka. The chapter suggests certain ways in which the flaws in Kymlicka’s arguments can nonetheless suggest avenues which future research in the area might follow. The chapter proposes ways in which equilibrium might be restored between the justificatory base of a theory of collective rights and their distribution within a reasonably pluralistic and multicultural society. There are moreover reasons to prefer a well-being approach to group rights which are independent of the judgements on the distribution of such rights with which they are in equilibrium.