The Theory of Ethnic Community Rights: Vernon Van Dkye’s Theory Construction
Author: Chen Hsiu-jong
Abstract / Chinese PDF Download
Political theorist Vernon Van Dyke contends that liberal-democratic theory, when focusing exclusively on the unique importance and autonomy of the “individual”, has failed to provide an adequate human rights theory of the relationship between the individual, ethnic communities and the state. This interaction is only a small part of the life of the individual and the state. In fact, the individual interacts with the state and society through his or her membership in different kinds of groups, and especially through membership in racial, religious and linguistic communities. Contractarian, utilitarian, and natural rights theories of government are all individualist prescriptions that are unable theoretically and empirically to cope with the serious problems arising from discrimination against ethnic communities in many parts of the world. Consequently, Van Dyke introduces the notion of “ethnic community rights” or “group rights” and argues, persuasively, that ethnic groups, identified by race, language, religion, or indigeneity, in addition to individuals, should be acknowledged as right-and-duty-bearing units of human rights. He proceeds to cite historical precedents and modern practices to support his thesis. He draws illustrations from heterogeneous societies in which cultural communities are corporately recognized in systems of political representation, in the distribution of social benefits, or in the assignment of territory within which the communities enjoys complete or partial autonomy. Van Dyke suggests that the theory of ethnic community rights would supplement human rights theories and provide a more satisfactory doctrinal basis for some actual practices. This article will review Van Dyke’s doctrine about ethnic community rights. In addition, some questions and reflections on the theory of ethnic community rights will be offered.