О защите прав большинства

Abstract

The ethno-religious composition of such European countries as France, Germany, Belgium, Spain, and Austria is rapidly changing. The “old” residents of many European countries increasingly feel threat to their normal life. Associate Professor of the Interdisciplinary Center in Herzliya (Israel) Liav Orgad tried to examine some modern issues alien to liberal mentality as a part of the liberal discourse. In his monograph “The Cultural Defense of Nations. A Liberal Theory of Majority Rights”, he cites adequately modeled predictions, according to which by 2051, in such countries as Austria, Belgium, Cyprus, Germany, and Spain, the national balance is likely to change in most radical way: the current majority will turn in a minority in their own countries. A significant number of Muslims living in Western Europe does not accept its values and prefers Shariah. In turn, European countries are engaged in an undeclared, but no less obvious defense of cultural policy and national identity of the majority. At the same time, the liberal law system has never endowed the national identity of the legal registration status. Defense is carried out by indirect methods through the laws on immigration and naturalization. At the same time, the structures responsible for security of the EU external borders suffer from a constant underfunding, and a monopoly on the use of force is available in the member states, but not the EU as a whole. Institutional and financial issues to ensure the rights of the majority are beyond Orgad’s analysis. Nevertheless, the scale of the problems identified by the researcher is so impressive that there is an emotional expectation of a global response to global challenges. Orgad offers to limit and clearly delineate the space of loyalty. In his view, it is constitutionalism that should become the basis of its principles. He justifies the idea that the protection of the majority is a legitimate and necessary protection of the individual.