RETHINKING JUSTICE AND RECOGNITION: A NEW APPROACH TO IDENTITY AND EQUALITY

Abstract

This paper interrogates the recognition theories of Charles Taylor and Will Kymlicka, highlighting their limitations in tackling systemic misrecognition experienced by marginalized groups. Communitarian thinkers such as Taylor emphasize the dialogical nature of identity. He argues that an individual gains self-understanding through recognition within their communities. Contrariwise, Kymlicka's idea of cultural membership emphasizes the relevance of cultural contexts in molding individual autonomy and self-expression. He opines that liberal states should support individual freedoms by protecting cultural frameworks. However, the views of Taylor and Kymlicka present a number of issues. In implementing Taylor’s politics of recognition the challenge of finding a balance between cultural rights and universal human rights arises. Although, Taylor stresses the importance of acknowledging cultural rights, this can also serve to justify actions that violate universal human rights, such child marriage and female genital mutilation. Also, Kymlicka's liberal democratic approach to dealing with misrecognition experienced by marginalized groups is insufficient because it prioritizes protecting individual rights over the rights of communities. Employing the philosophical method of thematic content analysis, this paper argues that affirmative action and the strengthening of public institutions through broad-spectrum legal and policy frameworks support more practical and impactful responses to identity-based marginalization and historical injustice, with specific reference to the Igbo in Nigeria and the Oromo in Ethiopia.