What divides, what joins and who decides? Diversity, the common good and limited law

Abstract

It is commonplace to hear politics and law extol the importance of “pluralism” and “diversity”. In addition to difference, however, and less discussed, but certainly important, is the notion of “the common good”. Law, for its part, tends to mediate between what is different and what should be shared. How law is understood in relation to diversity and difference and how we understand the limits of law is also central to how a diverse society is protected and advanced. Dominance and control, on the one hand, and the privatization and marginalization of diverse beliefs, on the other, threaten the appropriate, but limited places for public involvement of diverse communities. Is it appropriate to draw a line between belief and conduct as a means of achieving public homogeneity? This article examines the meaning of pluralism, diversity, the common good, the relationship between belief and conduct and the role and limits of the law and politics in relation to personal and associational freedom.