Who should be recognized as a refugee? This article seeks to uncover the normative arguments at the core of legal and philosophical conceptions of refugeehood. It identifies three analytically distinct approaches grounding the right to refugee status and argues that all three are normatively inadequate. Refugee status should neither be grounded in individual persecution for specific reasons (classical approach) nor in individual persecution for any discriminatory reasons (human rights approach). It should also not be based solely on harm (humanitarian approach). (...) Rather, this article argues, it should be based on political oppression – on persons lacking public autonomy, formally expressed as a lack of legal–political status. The normative foundation for a claim to refugee status lies in the inability of a person to control, amend and seek recourse to the specific situation she faces. It lies in the lack of public autonomy expressed as a lack of legal–political rights. What matters for a claim to refugee status is thus the legal–political disenfranchisement of a person, ultimately leaving her with no recourse to the particular situation she faces other than flight. Refugees, then, are not only those who fear harm or persecution, but those who are politically oppressed. (shrink)

In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example of membership politics, I argue that this is often the case where (...) nationally constituted forms of politics become controversial or are fundamentally questioned. Building on the work of Benhabib and Fraser, I develop an alternative reconstructive method of plural reconstruction, which modifies the basic premises of rational reconstruction, adjusting it to emerging and contested political contexts. (shrink)

When the brothers Hakob, 13, and Hasmik, 14, had lived in Sweden for 5 years, their applications for residence were rejected, and they were to be deported to Armenia (Dagens Nyheter March 8, 2007,...

Philosophy & Social Criticism, Volume 48, Issue 5, Page 703-725, June 2022. In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example (...) of membership politics, I argue that this is often the case where nationally constituted forms of politics become controversial or are fundamentally questioned. Building on the work of Benhabib and Fraser, I develop an alternative reconstructive method of plural reconstruction, which modifies the basic premises of rational reconstruction, adjusting it to emerging and contested political contexts. (shrink)