The recent phenomenon of the export zone attracts scholarly attention primarily for its economic and political logics, yet it is as a cultural phenomenon that the Zone may ultimately signal its transformational role in the trajectory of state sovereignty and the global urban imagination. This article approaches the phenomenon of the Zone as a key location for understanding the social and cultural impact of globalization on urban space. It conceptually locates the trajectory of the export-oriented zone and its analogues to (...) understand how, in little over 40 years, the phenomenon of the Zone experienced a rapid and veritable institutionalization as part of the topography and imagination of globalization. The first part traces the contours of the Zone as a territorial strategy that re-scales national economic and political space and enables the networked models of distributed production so critical to the global economy. The second part critically supplements the standard account by re-thinking the Zone as an incipient urban form — the Ex-City — that incorporates classically modernist fantasies in the context of contemporary logics of sovereignty and accumulation. (shrink)

Increasingly, western democratic countries are bearing witness to immigrant protest, that is, protest by immigrants who are dissatisfied with their status in the host community. In protesting, the immigrants object to the ways in which various laws and practices have proved to be obstacles to their full integration. Because immigrants, upon entering, have consented to abide by the rules and regulations of the host state, it might be thought that these forms of civil disobedience are, effectively, contract violations. Immigrants might (...) therefore be thought to have a particularly stringent duty to abide by the laws of their host state. This paper evaluates whether immigrants are indeed under a special duty to abide by the laws of their host state. First, it suggests that it is useful — although incomplete — to apply the device of the ‘contract’ to understanding the relationship between new immigrants and the host community. Second, it argues that there are limits to what can be demanded of and by immigrants as well as of and by host communities. It then turns to offering principles that help to evaluate the motivations of immigrant protestors, as well as that help guide their actions, when they believe that the community they have joined is treating them unjustly. These principles suggest that immigrant protest actions are subject to the restriction that they do not undermine the possibility of an inclusive democratic community. (shrink)

In contemporary discourses on cosmo-political hospitality, contributions of Derrida, and especially of Levinas, have special significance on account of the vision, scale and relevance of their discussions on the theme, in the context of an increasingly globalizing international scene, and the consequent global encounter with diversity. The article strives to read the Indian hospitality tradition and ethos, articulated in several of India's culturally significant texts, and available in some way as a cultural practice even to this day (propped up by (...) a heritage of tolerance and acceptance of difference, which, however, has not necessarily translated into egalitarian social structures), through the lenses of cosmo-political hospitality, found in the writings of Levinas and Derrida, as openness to the other, irrespective of social labels imposed on her/him. Although homely, ritualistic and hierarchical, Indian hospitality was always universalistic in intent. The article argues that an attempt to recapture the core of the Indian ethos of hospitality, should take into account this universalistic intent, revisited as genuine openness to the other person, in the light of contemporary concerns raised by Levinas and Derrida, and fully awake to India's and the world's transformed context. (shrink)

This article takes up Arendt's ‘aporetic’ framing of human rights as well as Rancière's critique and suggests that reading them together may offer a way to re-envision human rights and human rights education —not only because they make visible the perplexities of human rights, but also in that they call for an agonistic understanding of rights; namely, the possibility to make new and plural political and ethical claims about human rights as practices that can be evaluated critically rather than taken (...) on faith. The paper contributes to ongoing discussions about the need for a renewal of HRE by suggesting that the paradoxes of human rights—such as the disparity between the reality of the human condition and the abstract ideal of human rights—can be politically and pedagogically invigorating by rethinking human rights in agonistic terms and formulating more robust practices of HRE. (shrink)

Let it be a network of voices... A network of voices that not only speak, but also struggle and resist for humanity.

Male-dominated and sex segregated elite professional and amateur sport1 in North America constitutes a "sport nexus" (Burstyn, 1999; Heywood & Dworkin, 2003) that combines economic and cultural influence to reinforce and perpetuate gender injustice. The sport nexus is an androcentric sex-segregated commercially powerful set of institutions that is highly visible and at the same time almost completely taken for granted to the extent that its anti-democratic impetus goes virtually unnoticed. The sport nexus’s hegemonic role in defining sporting norms (Coakley & (...) Donnelly, 2004) means that its role in shaping lower level amateur and recreational sporting institutions and cultures is highly significant. Fraser (2007) defines gender justice, and hence democracy, in terms of "participatory parity," that is, material and cultural equality for women. The sport nexus itself is characterized by highly gendered occupational segregation (Coventry, 2004). It further contributes to gender injustice, homophobia and transphobia by promoting the ideology of the two sex system (Fausto-Sterling, 2000) and gendering citizenship as fundamentally male (Burstyn, 1999). Feminist strategies for sport reformation attempt to reduce or eradicate the role of the sport nexus in legitimating and perpetuating gender injustice. In this article I consider the potential of these strategies and conclude with a set of recommendations for transforming organized sport at both elite and recreational levels. (shrink)

A key dividing line in the literature on post-national citizenship concerns the role of collective identity. While some hold that a post-national form of identity is desirable in developing citizenship in contexts such as the European Union (EU), others question the defensibility of a collective identity at this supra-national level. The aim of this article is to intervene in this debate, drawing on qualitative research to consider the extent to which post-national citizenship should be accompanied by a form of post-national (...) identity. The article takes the UK as a case study, and explores tensions between the immigration policies and rhetoric of the Coalition Government since 2010 and the post-national citizenship rights of EU citizens migrating into British local communities. It draws on independently collected qualitative data from the county of Herefordshire, UK, to argue that the persistent reinforcement of national identity reproduces national lines of difference which further problematise the full realisation of European citizenship. At a theoretical level, this highlights the need for the development of post-national citizenship rights to be accompanied by a paradigmatic shift in the way that collective identity is constituted in post-national contexts. (shrink)

Does democracy or popular sovereignty imply exclusion and drawing borders? And if so, what type of exclusion and borders, and what kind of justification can we give for them? Moreover, if democracy really requires some kind of exclusion, is global democracy then a paradoxical union of two contradictory ideals? Can we create a demos on the global level? The focus of this collection of essays is on this potential conflict and its underlying values.

The aim of this paper is to question, from the perspective of a principled theory of criminalization, the legitimacy of making irregular immigration a crime. In order to do this, I identify three main ways in which the political decision to introduce a crime of IM may be defended: according to the first, IM is a malum in se the wrongness of which resides in its being a violation of states’ territorial sovereignty; according to the second, IM is a justified (...) malum prohibitum the wrongness of which resides in its being a violation of a justified immigration regulation; according to the third, IM is a malum in se the wrongness of which resides in its harmful consequences for receiving states’ citizens. My thesis is that none of these arguments succeeds in providing us with sufficiently good reasons to justify the use of criminal punishment to enforce the closure of state borders. As regards the first, I argue that it relies on a misleading conception of what is entailed by states’ territorial sovereignty, and that therefore it is unsound as an argument for the state’s right to control immigration. With regard to the second, I argue that, be they legitimate or not, immigration regulations enacted by states cannot provide those would-be immigrants they aim to exclude with content-independent reasons to comply with them; and this is a necessary pre-condition to conclude that IM is a justified malum prohibitum. As regards harm-based approaches, I argue that the notions they rely on are completely unfit as criteria for criminalization. This leads me to the conclusion that, unless other more convincing arguments are provided for, IM should not be criminalized. (shrink)

To respond to globalization‐related challenges, many contemporary political theorists have argued for forms of democracy beyond the level of the nation‐state. Since the early 1990s, however, political theory has also witnessed a renewed normative defense of nationhood. Liberal nationalists have been influential in claiming that the state should protect and promote national identities, and that it is desirable that the boundaries of national and political units coincide. At first glance, both positions—global democracy and nationalism—seem to contradict each other. We do (...) not share this oppositional picture. Developing a more harmonic picture of nationalist ideals and cosmopolitan visions is the aim of this essay. (shrink)

(2008). B Is For Burqa, C Is For Censorship: The Miseducative Effects of Censoring Muslim Girls and Women's Sartorial Discourse. Educational Studies: Vol. 43, No. 1, pp. 17-28.

In this paper, I argue that there is a philosophical basis for the claim that states can be held responsible for structural injustices such as gender discrimination and violence—a claim that has been made in international human rights documents, but one that has not gained much normative force. To show this, I draw on and develop Iris Young's notion of “political responsibility.” The purpose of political responsibility is not to find fault or blame the state for a past wrong, but (...) to encourage the state to make things more just in the future. I argue that the state is able to take responsibility in this sense and can discharge the duty of political responsibility in a more systematic way than individuals can. Further, I show that taking political responsibility would entail changing how states think about their human rights obligations. Rather than focusing on cataloguing abuses, states would be required to work toward changing conditions so that human rights violations are less likely to occur in the future. Consequently, I show that it does make sense to say that the state can be held accountable for structural injustices that lead to women's human rights violations. (shrink)

The series friends, rivals, enemies is a seemingly ‘natural’ classification for the relations of states, while the parallel series kin, neighbors, strangers functions as an informal classification system for social relations in general. That we may owe foreigners the hospitality due to strangers has become a matter of discussion among normative theorists, thanks to Kant's Perpetual Peace. Thus the conjunction of friendship and hospitality calls for a conceptual assessment. This assessment uses Aristotle's treatment of friendship (and Derrida's treatment of Aristotle's (...) ‘familial schema’) to establish three primary models of social relations (father to sons, husband to wife, brother to brother). Only ‘brothers’ (agents modeled as brothers) can be friends, rivals, or enemies. Only ‘fathers’ can be hosts who offer strangers the hospitality of the household. By the same token, only ‘fathers’ can be guests or take hostages. Such an assessment brings the conceptual concerns of two fields — international relations and political theory — closer together. In so doing, it rejects anarchy's conceptual hegemony in the field of international relations. (shrink)

: Most contemporary attempts to draw inspiration from Kant's cosmopolitan project focus exclusively on the prescriptive recommendations he makes in his article, ‘On Perpetual Peace’. In this essay, I argue that there is more to his cosmopolitan point of view than his normative agenda. Kant has a unique and interesting way of problematizing the way individuals and peoples relate to one another on the stage of world history, based on a notion that human beings who share the earth in common (...) ‘originally’ constitute a ‘commercium’ of thoroughgoing interaction. By unpacking this concept of ‘commercium’, we can uncover in Kant a more critical perspective on world history that sets up the cosmopolitan as a specific kind of historical-political challenge. I will show that we can distinguish this level of problematization from the prescriptive level at which Kant formulates his familiar recommendations in ‘Perpetual Peace’. I will further show how his particular way of framing the cosmopolitan problematic can be expanded and expatiated upon to develop a more critical, reflexive, and open-ended conception of cosmopolitan thinking. (shrink)

Genetically engineered animals that are meant for release in the wild could significantly impact ecosystems given the interwoven or entangled existence of species. Therefore, among other things, it is all too important that regulatory agencies conduct entity appropriate, rigorous risk assessments that can be used for informed decision-making at the local, national and global levels about the release of those animals in the wild. In the United States, certain GE animals that are intended for release in the wild may be (...) regulated as new animal drugs by the Food and Drug Administration. This paper argues that the decision to treat them as new animal drugs is attributable to the influence of neoliberalism on the US biotechnology regulatory policy framework. The case is made that there should be public democratic deliberations and decision-making about the values and concerns that should guide the nation’s biotechnology regulatory policy paradigm, including the risk assessment process for GE animals meant for release in the wild. -/- . (shrink)

Freedom of religious expression is to many a fundamental element of their identity. Yet the jurisprudence of the European Court of Human Rights on the Islamic headscarf issue does not refer to autonomy and identity rights of the individual women claimants. The case law focuses on Article 9 of the European Convention on Human Rights, which provides a legal human right to freedom of religious expression. The way that provision is interpreted is critically contrasted here with the right to personal (...) autonomy and identity now developed by that court in interpreting Article 8 which contains a right to respect one’s private life. (shrink)

This paper gives a normative assessment of the problem of forced environmental migration, or, migration driven primarily by environmental events, drawing particular attention to the framing of citizen and non-citizen rights in the context of anthropogenic climate change. It explores a moral imperative to install special migration rights for Environmentally Displaced Peoples and briefly assesses the ability of current domestic migration policy to offer such rights. The paper concludes by offering three theoretical policy-oriented exercises, ultimately locating tiered citizenship as the (...) most immediate ethically robust and politically acceptable solution to the challenge of environmental displacement. (shrink)

Dette nummeret av Etikk i praksis består av to deler, en temadel og en åpen del. Nummerets temadel dreier seg om irregulær migrasjon. Irregulære migranter skaper etiske, rettslige og politiske utfordringer for liberale velferdsstater i Europa. En irregulær migrant oppholder seg nemlig innenfor en stats grense, men er uten oppholdstillatelse. Dersom man aksepterer at stater har suveren rett til å bestemme over hvem som kvalifiserer seg til oppholdstillatelse og ikke, vil personer uten lovlig opphold reise følgende spørsmål: Har staten et (...) ansvar for å ivareta denne gruppens sikkerhet og velferd? Det er viktig å påpeke at irregulære migranter i liberale velferdsstater ikke er fullstendig rettighetsløse. De fleste liberale velferdsstater anerkjenner at de har sivile rettigheter samt et minimum av sosiale og økonomiske rettigheter.1 Territorielt og til en viss grad juridisk befinner de seg altså innenfor staten. Samtidig er de ekskludert fra de fleste sosiale og økonomiske rettigheter, og kan i prinsippet sendes ut av landet når som helst. På denne måten befinner de seg allikevel utenfor staten. I praksis er irregulære migranter altså på samme tid både innenfor og utenfor staten. Dette nummerets temadel inviterer til en normativ diskusjon om liberale velferdsstaters politikk overfor irregulære migranter. Og, ikke minst, hvordan samfunnet bør behandle denne gruppen innbyggere. (shrink)

Through an analysis of 100 asylum decisions and 10 interviews with 20 asylum officers at the Swedish Migration Agency this article reveals two intricate processes through which children’s rights are displaced in the Swedish asylum process; by overlooking children’s individual claims for asylum through a circle of neglect, and negating children’s best interests. The article demonstrates how the balancing act between migration control on one hand and children’s rights on the other hand plays out in the asylum process, which results (...) in a double displacement; the children are not adult enough to be addressed as asylum seekers and not children enough to deserve qualification as bearer of children’s rights. An in-depth analysis of everyday practices at institutions applying children’s rights is essential both to understand the reproduction of discrepancies between rights on paper and rights in practice, and to explore the potential of rights to disrupt oppressive vehicles of power. (shrink)

Hannah Arendt argued that refugees pose a major problem for liberalism. Most liberal theorists endorse the idea of human rights. At the same time, liberalism takes the existence of sovereign states for granted. When large numbers of people petition a liberal state for asylum, Arendt argued, these two commitments will come into conflict. An unwavering respect for human rights would mean that no refugee is ever turned away. Being sovereign, however, allows states to control their borders. States supposedly committed to (...) human rights will thus often violate the rights of refugees by denying them entry. I attempt to defend liberalism from Arendt’s criticism by outlining a rights-based model of asylum that is enforceable by sovereign states. This approach avoids the question of what border-enforcement measures, if any, are defensible at the level of ideal justice, and instead seeks to outline a framework of refugee rights that can be realized in a world in which migration controls are a fact of life. Central to my argument is a distinction between the place where a person is recognized as a rights-bearing agent and the potentially different place where he or she exercises those rights. (shrink)

In this essay, I first outline the contexts in which the idea of cosmopolitanism appears in Kant's moral and political philosophy. I then survey the three main debates regarding his political cosmopolitanism, namely, on the nature of the international federation he advocated, his theory of cosmopolitan right, and his views on colonialism and ‘race’, and I consider the relation between patriotism and cosmopolitanism in Kant's work. I subsequently discuss Kant's moral cosmopolitanism. Kant is widely held to be a defender of (...) moral cosmopolitanism, but the terminology of world citizenship is in fact strikingly rare in Kant's writings on moral theory. I offer a two-part explanation for why this is the case. (shrink)

In political philosophy, citizenship is a key concept. Citizenship is tied to rights and duties, as well as to concepts of social justice. Recently, the debate on citizenship has developed a new direction in focusing on qualified notions of citizenship. In this contribution, I shall defend three claims. Firstly, consumer citizenship fits into the discussion of qualified notions of citizenship. Secondly, the debate on qualified notions of citizenship cannot be detached from the normative claims in the philosophy of citizenship more (...) generally. In particular, duties and rights receive a distinct shape when debated in terms of “consumer citizenship”. Thirdly, I shall argue that further normative limits can be established by discussing qualified notions of citizenship as items of a list that need to cohere in normative terms. I shall pay particular attention to environmental citizenship. (shrink)

What legal rights and duties immigrants should have is among the most ferociously debated topics in the politics of liberal societies today. However, as this article will show, there is remarkably little disagreement of great magnitude among political theorists and philosophers of immigration on the rights and duties of resident immigrants (even in contrast to the closely related philosophical discussion of justice in immigrant admissions). Specifically, this article will survey philosophical positions both on what legal rights immigrants (documented permanent residents, (...) guestworkers, and undocumented immigrants) ought to have (including to citizenship and against deportation), and on what liberal societies may justly do to require immigrants to integrate. This article will reveal that there is a substantial, growing gap between contemporary politics worldwide and what the moral norms of liberalism seem to entail concerning the rights and duties of immigrants. (shrink)

Answers to the question of immigrant admissions have been debated extensively by political philosophers since the 1980s. A wide variety of normative approaches to the question have been taken, but very nearly zero have been expressly feminist. Generalizing from Alison Jaggar's articulation of a feminist methodological approach to the political morality of abortion, this article proposes a feminist methodological approach to immigrant admissions. This article does not defend a substantive view on what policies states ought to adopt, but it does (...) describe several features of our social world that are salient for a feminist methodological approach to the assessment of the justice of states’ immigrant admissions policies. (shrink)

In dialogue with the political philosophy of Hannah Arendt and Seyla Benhabib the author draws on the idea of a right to have rights and raises the question under which political conditions asylum can be a subjective right for political refugees. He argues that mere spontaneous acts of humanitarianism will not suffice to define the institutional commitments of liberal democracies in refugee policy. At the same time, no duty for any particular state to take up refugees can be derived from (...) a right to have rights. The quest for institutional solutions for a timely migration and asylum policy will rather enhance the discourses on the self-understanding of liberal democracies. With a critical eye on German asylum legislation and legal practice, the author contends that it will be a task of any co-ordinated European right of asylum to define political persecution in relation to the first dimension of human rights in order to differentiate the right of asylum from immigration legislation. (shrink)

Abstract: To respond to globalization-related challenges, many contemporary political theorists have argued for forms of democracy beyond the level of the nation-state. Since the early 1990s, however, political theory has also witnessed a renewed normative defense of nationhood. Liberal nationalists have been influential in claiming that the state should protect and promote national identities, and that it is desirable that the boundaries of national and political units coincide. At first glance, both positions—global democracy and nationalism—seem to contradict each other. We (...) do not share this oppositional picture. Developing a more harmonic picture of nationalist ideals and cosmopolitan visions is the aim of this essay. (shrink)

The centenary of Hannah Arendt’s birth in 2006 has provided the catalyst for a body of literature grappling with the legacy of her thought, especially the question of its enduring political relevance. Yet this literature largely excludes from consideration a significant aspect of Arendt’s legacy, namely, her account of evil and its devastating political reality. This article contends that the neglect of Arendt’s understanding of the dynamic reality of evil unnecessarily delimits the opportunities her legacy affords to diagnose forms of (...) evil today. In particular, I propose that Arendt’s notion of evil and her unique insight into its dynamic reality remain very much pertinent in light of a globalizing world where the conditions of extreme deprivation and exclusion have become thoroughly bound up with the structurally unequal conditions of the global political economy. The persistent global poverty knowingly reproduced in and through policies and practices of economic globalization effectively renders vast numbers of people superfluous and “rightless,” resulting in a distinctive form of political evil. I conclude that more attention should be paid to the deeper pertinence of Arendt’s concepts of evil, human superfluousness, and rightlessness for contemporary political life. (shrink)

In his 2007 Ethics article, “Responsibility Incorporated,” Philip Pettit argued that corporations qualify as morally responsible agents because they possess autonomy, normative judgment, and the capacity for self-control. Although there is ongoing debate over whether corporations have these capacities, both proponents and opponents of corporate moral agency appear to agree that Pettit correctly identified the requirements for moral agency. In this article, I do not take issue with either the claim that autonomy, normative judgment, and self-control are the requirements for (...) moral agency or the claim that corporations possess them. I claim that if both of these claims are correct, then corporate moral agency entails that, in a liberal democracy, corporations should have the right to vote. I show that under the conception of democracy supported by most liberal political theorists, all parties subject to the law are entitled to the right to vote, and all parties that possess autonomy, normative judgment, and self-control are subject to the law. Therefore, if the proponents of corporate moral agency are correct, then corporations satisfy the requirements for the right to vote. I then consider potential objections to this argument. I show that the strongest objection to the corporate right to vote is undermined by Pettit’s own argument for corporate autonomy. I then show that objections derived from other arguments for limiting the rights of corporations are equally unavailing. I conclude with some observations about the implications of my argument for the question of corporate speech rights. (shrink)

Taking Catholic sexual ethics and liberal feminist ethics as points of departure, this essay argues that both frameworks are ill-prepared to deal with the moral problems raised by sex trafficking: while Catholic sexual ethics is grounded in a normative understanding of sexuality, liberal feminist ethics argues for women's sexual autonomy, resting upon freedom of action and consent. From a perspective that attends both to the phenomenological interpretation of embodied selves and the Kantian normative interpretation of dignity, it becomes possible to (...) critique both the Catholic and the liberal feminist frameworks of ethics. I argue that Catholic sexual ethics requires a reconceptualization as social ethics in order to meet the challenges of our present time, but that the shift is possible without giving up the moral imperatives of both Catholic and feminist ethics to protect human dignity and women's rights. (shrink)

Many of us take it for granted that states have a right to control the entry and settlement of non‐citizens in their territories, and hardly pause to consider or evaluate the moral justifications for immigration controls. For a long time, very few political philosophers showed a great deal of interest in the subject. However, it is now attracting much more attention in the discipline. This article aims to show that we most certainly should not take it for granted that states (...) enjoy a moral right to exclude would‐be immigrants. It is neither obvious nor uncontroversial. And if we cannot find adequate justifications for the existence of such a right, then we need to re‐evaluate the very backbone of current approaches to immigration policy. The paper begins with an overview of the existing academic debate about the extent of the right to freedom of movement. Next it introduces three arguments in support of the state’s right to exclude would‐be immigrants which draw on claims about the collective right to self‐determination. Finally it outlines three important challenges faced by these arguments in support of the state’s right to exclude. (shrink)

Is it possible to look at schools as spaces for encounters? Could schools contribute to a deliberative mode of communication in a manner better suited to our own time and to areas where different cultures meet? Inspired primarily by classical (Dewey) and modern (Habermas) pragmatists, I turn to Seyla Benhabib, posing the question whether she supports the proposition that schools can be sites for deliberative communication. I argue that a school that engages in deliberative communication, with its stress on mutual (...) communication between different moral perspectives, gives universalism a procedurally oriented meaning, serving as an arena for encounters that represents a weak public sphere. An interactive universalism of this kind attaches importance to developing an ability and willingness to reason on the basis of the views of others and to change perspectives. In that respect, the institutional arrangements of schools are potential parts of the political dimension of cosmopolitanism, as well as its moral dimension, in terms of the obligations and responsibilities we develop through our institutions and in our actions as human beings towards one another. (shrink)

This paper has a twofold aim in determining who should be granted electoral rights at the state level, one negative and another positive. The negative part deconstructs the link between state-level political membership and citizenship and contests naturalization procedures. This approach argues that naturalization procedures, when coercively used as a necessary condition for accessing electoral rights at the state level, are both inconsistent with liberal democratic ideals and an inexcusable practice in liberal democratic states. The positive part of the paper (...) seeks to establish what – if not the acquisition of citizenship –could determine state-level political membership for non-citizens. In other words, it attempts to explain how and in what conditions non-citizens may become political members of a state without naturalizing. This approach considers the most prominent arguments that base state-level political membership on residency, i.e. residency as a legal status granted by the previous members of the community and residency as physical presence within a defined jurisdiction. It argues that, in a world of increasing human mobility across borders, while the former way of understanding residency might be too restrictive, the latter might be too banal to forge membership ties that form a political community. Domicile is the proposed alternative, introduced as a type of residency that is self-given and remains stable despite numerous changes of residency. Domicile is a legal term that indicates where a person officially registers her permanent home even when residing abroad. In sum, this is an argument against naturalization as the access door for electoral rights at the state level and in favor of defining membership in the political community based on domicile. (shrink)

Faced with a national tragedy, citizens respond in different ways. Some will initiate debate about the possible connections between this tragedy and broader moral and political issues. But others often complain that this is too early, that it is inappropriate to debate such larger issues while ‘the bodies are still warm’. This paper critically examines the grounds for such a complaint. We consider different interpretations of the complaint—cynical, epistemic and ethical—and argue that it can be resisted on all of these (...) readings. Debate shortly after a national disaster is therefore permissible. We then set out a political argument in favour of early debate based on the value of broad political participation in liberal democracies and sketch a stronger argument, based on the duty to support just institutions, that would support a political duty to engage in debate shortly after tragedies have occurred. (shrink)

In this essay, I examine the concept of the refugee within the context of liberal political theory. The argument is that the refugee is displaced both in political practice and political theory – theory has a topology, and inside and an outside, such that even if the refugee as a concept does enter within its boundaries it does so as a marginal figure, constructed as problematic. However, liberal political also has a topography when it comes to the refugee question – (...) it is not just insider theory, but theory constructed within a particular kind of state in a particular location in the world. This means the extent to which liberal political theory can answer the refugee question is limited. The main challenge for theory, I argue, is not to come up with an answer to the refugee question, but to construct a context within which the refugee is an equal participant in the process of arriving at an answer. (shrink)

Utilitarianism has dominated media ethics for a century. For Mill, individual autonomy and neutrality are the foundations of his On Liberty and System of Logic, as well as his Utilitarianism. These concepts fit naturally with media ethics theory and professional practice in a democratic society. However, the weaknesses in utilitarianism articulated by Ross and others direct us at this stage to a dialogic ethics of duty instead. Habermas's discourse ethics, feminist ethics, and communitarian ethics are examples of duty ethics rooted (...) in the dialogic relation that enable us to start over intellectually. (shrink)

This paper seeks to destabilize the silent privilege given to the secured juridical-political position of the citizen as the stable site of enunciation of the problem/solution framework under which the stranger (foreigner, immigrant, refugee) is theoretically located. By means of textual, intertextual, and extratextual readings of Antigone, the paper argues that it is politically and literarily possible to (re)invent her for strangers in the twenty-first century, that is, for those symbolically produced as not-legally locatable and who resignify their ambivalent ontological (...) status between life and death as an alternative sociopolitical location of speech and action in equality with “others.”. (shrink)

The purpose of this article is to respond to Jacques Derrida’s reading of Immanuel Kant’s laws of hospitality and to offer a deeper exploration into Kant’s separation of a cosmopolitan right to visit ( Besuchsrecht) and the idea of a universal right to reside ( Gastrecht). Through this discussion, the various laws of hospitality will be examined, extrapolated and outlined, particularly in response to the tensions articulated by Derrida. By doing so, this article will offer a reinterpretation of the laws (...) of hospitality, arguing that hospitality is not meant to capture all the conditions necessary for cosmopolitan citizenship or for a thoroughgoing condition of cosmopolitan justice as Derrida assumes. This is because hospitality could be understood as the basic normative requirement necessary to establish an ethical condition for intersubjective communication at the global level, where discursive communication regarding the substance of a future condition of cosmopolitan justice is to be subjected to global public reason. (shrink)

The debate between legal constitutionalists and critics of constitutional rights and judicial review is an old and lively one. While the protection of minorities is a pivotal aspect of this debate, the protection of disenfranchised minorities has received little attention. Policy-focused discussion—of the merits of the Human Rights Act in Britain for example—often cites protection of non-citizen migrants, but the philosophical debate does not. Non-citizen residents or ‘denizens’ therefore provide an interesting test case for the theory of rights as trumps (...) on ordinary representative politics. Are they the ultimate success story of the human rights framework? Or was Michael Walzer correct to describe government of denizens by citizens as a modern form of ‘tyranny’? This paper argues that neither liberal rights theorists nor democratic republicans provide a coherent response to the existence of denizens. Liberal rights theorists overstate the extent to which a politically powerless status can secure individual rights, while democratic republicans idealise the political process and wrongly assume that all those affected by laws are eligible for political participation. The paper outlines an alternative model for assessing the accountability of states to their non-citizen population, informed by the republican ideal of non-domination. It identifies gaps in state accountability to denizens–such as where there is inadequate diplomatic protection—and argues that these gaps are particularly troubling if their exit costs of leaving the state are high. (shrink)

The non-citizen is the new ?other?. From popular discourse to political pronouncements and academic research, the non-citizen has become one of the subjects du jour. Among the ranks of the non-citizen, one finds a lesser-known category of people which has yet to be considered seriously by liberal political theory ? the stateless. Thus far, liberal political theory has either ignored this category of persons or subsumed them under the subjects of immigration or refugeehood. The present article challenges this theoretical exclusion (...) in two ways. First, it analyses the treatment of statelessness within the works of three prominent theorists on just membership ? Michael Walzer, Seyla Benhabib and William Barbieri, Jr ? and contends that these authors ignore the stateless as a unique category of non-citizen. Secondly, it explains why statelessness demands a distinct theoretical framework than is currently provided for within liberal political theory. The article contends that just membership questions necessitate not simply looking at who is let in and what naturalization procedures should be extended to them, but also entails examining who has always been on the inside and to whom we need to justify their continued exclusion. (shrink)

The rapid recent expansion of copyright law worldwide has sparked efforts to defend the ‘public domain’ of non-propertized information, often on the ground that an expansive public domain is a condition of a ‘free culture’. Yet questions remain about why the public domain is worth defending, what exactly a free culture is, and what role (if any) authors’ rights might play in relation to it. From the standard liberal perspective shared by many critics of copyright expansionism, the protection of individual (...) expression by means of marketable property rights in authors’ works serves as an engine of progress towards a fully competitive ‘marketplace of ideas’ – though only if balanced by an extensive public domain from which users may draw in the exercise of their own expressivity. This article shows that a significantly different, and arguably richer, conception of what a free culture is and how authors’ rights underpin it emerges from a direct engagement with the philosophy of Immanuel Kant. For Kant, progress towards a fully emancipated (i.e. a ‘mature’ or ‘enlightened’) culture can only be achieved through the critical intellectual activity that public communication demands: individual expressive freedom is only a condition, not constitutive, of this ‘freedom to make public use of one’s reason in all matters’. The main thesis defended in this article is that when Kant’s writings on publicity (critical public debate) are read in relation to his writings on the legal organization of publishing, a necessary connection emerges between authors’ rights – as distinct from copyrights – and what Jürgen Habermas and others have named the public sphere. I conclude that it is the public sphere, and not the public domain as such, that should serve as the key reference point in any evaluation of copyright law’s role in relation to the possibility of a free culture. (shrink)

A number of recent studies have examined the sources of conflict surrounding the presence of Muslim minorities in Western contexts. This article builds upon, and challenges, some of the principal findings of this literature through analyzing popular opposition to mosques in Badalona, a historically industrial city in Catalonia where several of the most vigorous anti-mosque campaigns in Spain have occurred. Drawing upon 46 semi-structured interviews and ethnographic observation conducted over a two-year period, I argue that opposition to mosques in Badalona (...) is not reducible to anti-Muslim prejudice or fears of Islamic extremism. Rather, it is rooted in powerful associations drawn between Islam, immigration, and a series of social problems affecting the character of communal life and the quality of cherished public spaces in the city. These associations are expressed through local narratives that emphasize a sharp rupture between a glorified ethnically homogeneous past of community and solidarity, and a troublesome multicultural present fraught with social insecurity and disintegration. I show how the construction of these “rupture narratives” has entailed active memory work that minimizes the significance of prior social cleavages and conflicts, and selectively focuses on disjuncture over continuity with the past. I also highlight how these narratives have been reinforced by strong socio-spatial divisions, which have intensified contestations over public space and led to the integration of mosque disputes into broader struggles over social justice and public recognition. (shrink)