Chang, Y. L. (2022).
Canadian Journal of Law & Jurisprudence, 35(1), 117–139.
Abstract
Communitarianism has been misunderstood. According to some of its proponents, it supports the ‘Asian values’ argument that rights are incompatible with communitarian Asia because it prioritises the collective interest over individual rights and interests. Similarly, its critics are sceptical of its normative appeal because they believe that communitarianism upholds the community’s wants and values at all costs. I dispel this misconception by providing an account of communitarianism, properly understood. It is premised on the idea that we are partially constituted by our communal attachments, or constitutive communities, which are a source of value to our lives. Given the partially constituted self, communitarianism advances the thin common good of inclusion. In this light, communitarianism, properly understood, is wholly compatible with rights, and is a potent source of solutions to controversial issues that plague liberal societies, such as the right of a religious minority to wear its religious garment in public.
Here are some thoughts:
The article addresses the misunderstanding of communitarianism, particularly the notion that it clashes with individual rights. It argues that communitarianism, when correctly interpreted, values both the individual and the community. The author suggests that individuals are partly formed by their community ties, which are a source of value. Therefore, communitarianism encourages the inclusion of individuals within their communities. The article concludes by illustrating how this understanding of communitarianism can safeguard individual rights, using the European Court of Human Rights' (ECtHR) decision on the French burqa ban as an example.
