2
according to law. All are equal before the law and the law is the protector of
individual liberties.
However in Diceys world, where these thoughts grew, there were only two actors to
be concerned about, the individual and the state. The social order was so homogenous
that there was no need to consider particular cultural groups. The sociological
concept of nation, as a people of common history and tradition, and the political
concept of the state, as the government of a large, defined territory, were either fused
in fact, or were fused as an ideal.
That was probably not the case for most of the world at that time. It is certainly not
the case for many states today. Bosnia and Rwanda for example, have shown that
peace requires that groups too should be accommodated within the state.
Moreover, the recognition of only the state and the individual was rarely possible in
the New World, where invariably, more than one culture was involved in the
formation of the state. From the 1830s the Native Americans were provided for in
the United States as domestic, dependent nations. The description of them as nations
was undoubtedly correct, sociologically, although the term is now politically
inconvenient because of the confusing conception of the nation state. On the other
hand, Canada developed concepts of inherent rights of autonomy coupled with
fiduciary obligations. Australia turned to the doctrine of aboriginal rights. New
Zealand grafted on a concept of partnership through the development of a treaty
jurisprudence.
In the New World the founding cultures of the modern state were not necessarily
limited to two, like the indigenous and the British. For example, the French Canadian
and Metis were founding cultures in Canada as also were the Afrikaners in South
Africa.
However, that which most distinguishes Diceys world from the world of today is the
predominance of multicultural states as a result of globalisation. Moreover, where
multiculturalism, along with affirmative action, was once tolerated as temporary and
awaiting incorporation, it is now celebrated. It is here to stay. Indeed, it has the