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  1. Social Entitlements in Habermas’s Discourse Theory of Law: Welfare State Regulations as Legitimizing Institutions.Stefan Späth - 2022 - Ratio Juris 35 (3):273-289.
    In Habermas’s discourse theory of law, the guarantee of citizens’ private and public autonomy is a prerequisite of legitimate law. This includes social entitlements. They provide the living conditions necessary for equal opportunities in the use of private and public freedoms. A proceduralist paradigm of the welfare state ensures private and public autonomy in shaping social rights. This makes welfare state regulations a legitimizing institution. This legal theoretical approach is outlined and defended against objections. The focus falls on examining the (...)
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  • Human rights and ‘standard threats’: standard for whom?Stacy J. Kosko - 2023 - Journal of Global Ethics 19 (1):63-79.
    Human rights instruments exist to respond to serious dangers that human beings routinely face, what Henry Shue terms ‘standard threats.’ According to Shue’s influential account of the structure of a moral right, these threats are ‘the targets of the social guarantees for the enjoyment of … a right.’ They are ‘common, or ordinary, and serious but remediable.’ Yet for individuals who struggle daily against serious, remediable threats that are common to their peer group, but do not routinely threaten mainstream society, (...)
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  • Non-citizen children and the right to stay – a discourse ethical approach.Jonathan Josefsson - 2019 - Ethics and Global Politics 12 (3):32-49.
    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,...
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  • The Structural Injustice of Forced Migration and the Failings of Normative Theory.David Ingram - unknown
    I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence cannot be redeemed paternalistically as freedom or welfare enhancing in the (...)
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