The Annual of the Society of Christian Ethics

This essay critically examines justificatory arguments on behalf of justice for nonmainstream groups, focusing on two demands. The first is for mainstream groups to provide recognition by "fusing horizons" with the oral traditions of nonmainstream groups. Fusing horizons requires members of mainstream cultures to be transformed by the study of the other and thus to avoid ethnocentric evaluations of others. This demand involves the problematic idea that mainstream cultural norms and traditions are a priori morally deficient to evaluate alternative cultural norms. The second demand is to provide group-differentiated rights on terms that aim to protect disadvantaged minority cultures because they provide a horizon for autonomous choice, not because their customs make a presumptive claim for others' recognition. This demand may produce legal rights, but not recognition in a psychologically robust sense insofar as it secures rights on terms that are foreign to the comprehensive goods according to which minority cultures understand and esteem themselves. The aim of this paper is to distinguish between these two demands, explain each as resulting from different specifications of equality, and suggest how the need to balance recognition and rights might occur in political practical reasoning.

A vision of law and justice that is rooted in relationality stands at the heart of this paper. To tribal people, such as the Lakota and Dakota, what sustains the lives of people are bonds of kinship relations that bind human and nonhuman life together with a sense of mutual responsibility and caring that is most aptly captured by the Lakota phrase Mitakuye Oysain, "all are relatives." What are important to tribal communities are collective rights and obligations as embodied in Indian law and justice. Indian societies, thereby, have established their own tribal courts and legal systems that are markedly different from mainstream society. Indian people, it is argued, have much to teach about the limitations of the dominant legal culture and ways in which relationality serves a far better basis for law and justice than an adversarial system that demands winners and losers.

This paper advances three claims. First, according to contemporary Western advocates of physician-assisted-suicide and voluntary euthanasia, "death with dignity" is understood negatively as bringing about death to avoid or prevent indignity, that is, to avoid a degrading existence. Second, there is a similar morally affirmative view on death with dignity in ancient China, in classical Confucianism in particular. Third, there is consonance as well as dissonance between these two ethics of death with dignity, such that the Confucian perspective would regard the argument for physician-assisted-suicide and voluntary euthanasia as less than compelling because of the latter's impoverished vision of human life.