Document Type : Research Paper
Author
Assistant professor of public law at shiraz university
Abstract
The contextual approach to the legal recognition of minorities can be viewed as a form of "two-way persuasive action dialogue" between the legal recognition agent (subject) and minority groups (object). The necessity of this legal recognition process has its critics and deniers. Waldron, a public law scholar, is among those who deny the necessity of legal recognition of minorities.
The central axis of Waldron's arguments from a cosmopolitan perspective can be seen as the conflict between the legal recognition of minorities and the principle of neutrality of the modern state. He believes that just as a secular state is considered non-religious, so too should the modern state be non-cultural. In support of his argument, Waldron sees legal recognition as violating the nature of the rule of law, undermining universal responsibility, and challenging the mechanism of majority rule.
However, it should be said that the recognition of minority groups is a construct of public discourse in the public sphere. Given the indifference of majority societies to the demands of minority groups, legal recognition takes place gradually and in the context of ongoing persuasion. The same is true of the exceptionality of general rules within the framework of the rule of law.
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