歐美研究季刊第46卷第1期 - page 67

“Human Rights Protection, Democratic Deliberation”
67
democratic solution: it draws ‘attention to the context and
specifics [on the ground] that the liberal solution might
neglect.
’ (Okin, 2005a: 88; emphasis added)
Naturally, the state has to supply protection, especially to the
most vulnerable. But what is meant and entailed by protection has
been complicated by the turn to context-sensitive, democratic
deliberations. It seems that this conception of protection is a bit
trapped in its own conceit. Let me explain: once its conceit is
examined, its limitations will be shown. The argument about
context-sensitive, deliberative- democratic protection being
revisable and temporary is, while attractive, less effective than it
appears. This feature may be an advantage, but the downside is that
one follow-up can lead to another, and another, and so on. All the
while, the status quo is maintained, at least temporarily, which is
exactly what transpired in the case of polygyny, the essence of
which was maintained over the objections of certain feminist
groups.
37
The possibility of deliberations without end, a tactic that
masquerades as a principle for doing nothing, except acquiescing in
“temporary” compromise, is real enough.
38
Moreover, in this case, and possibly in future cases, the
protection for vulnerable women and dependent children
re-entrenches, as opposed to removes, the obstacles to a life of
independence. This is something that has been obscured by the
compromise agreed to by “most” participants who saw it as “a fair
outcome of deliberation and negotiation” (Deveaux, 2006: 209).
Financial protection maintains ties of dependency between
members, i.e., wives and children, and the male head of the
37
Deveaux states: “[t]his case also shows that deliberation may yield outcomes with
nonliberal
features
in this case, the preservation of African customs of polygyny
and bride-wealth payment” (2006: 209; emphasis original). For reason of space, I
do not discuss the bride-wealth payment known as
lobolo
.
38
Deveaux states: “[t]he outcome of this particular policy challenge was legislation
that reflected an imperfect but viable compromise, one that can and
probably
should be renegotiated in the future
” (2006: 211; emphasis added).
I...,57,58,59,60,61,62,63,64,65,66 68,69,70,71,72,73,74,75,76,77,...XIV
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