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Switch to: References
Citations of:
Refugees and justice between states
European Journal of Political Theory 14 (4):448-463 (2015)
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In the current framework of international protection, refugees almost invariably live in states where they hold no formal political status: they cannot vote, they cannot run for office, and they mu... |
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In the literature on refugeehood in political theory, there has been a recent turn towards what have been called “state system legitimacy” views. These views derive an account of states’ obligations to refugees from a broader picture of the conditions for international legitimacy. This paper seeks to develop the state system legitimacy view of refugeehood by subjecting the most developed version of it—the account developed by David Owen—to critical scrutiny. We diagnose an ambiguity in Owen’s theory of refugeehood, in the (...) |
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A common assumption within the migration ethics literature is that it is only states that have the power to admit foreigners to their territory. However, this assumption misses something important. While it is true that it is states that have the ultimate power to admit, other actors can possess a derivative power from the laws that states put in place. By establishing a system of work visas, for instance, states lend private corporations, and other employers, the power to nominate foreigners (...) |
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Journal of Social Philosophy, EarlyView. |
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Journal of Social Philosophy, EarlyView. |
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Most challenges to immigration restrictions have not shown that states lack a claim-right to exclude, or a moral right against outside interference to make membership decisions. And an important, unexamined aspect of the claim-right is that states have the right against interference to wrongfully exclude, or the right to do wrong when making admission decisions. A major implication of this right is that even political or economic measures to affect states’ immigration policies are off the table – significantly compromising the (...) |
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In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...) |
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This paper discusses a recent turn in the ethics of refugee resettlement which involves taking the interests of refugees themselves into account in the distribution of refugees among potential refugee receiving countries. It argues that there is an important category of interest that does not align with the two commonly held views on what is owed to refugees: ‘safety’ or ‘conditions of a good life’. This category, focussing on the refugees’ interests in not being subjected to a variety of non-asylum-grounding (...) |
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ABSTRACT Based on Honneth's distinction of recognition in love, respect and social esteem, the social suffering of refugees is criticized in this contribution as an experience of disrespect. In the first part, I will address the fact that moral claims to recognition have a temporal dimension. Then I will ask what role the duration of their flight, the waiting in camps and until admission play for the social suffering of refugees. I will highlight the particular vulnerability of refugees during this (...) |
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Thousands of refugees die each year fleeing prosecution in their home state. But receiving states are often reluctant to admit, process and house refugees. This is in part because refugee protection is a public good, and so subject to free-riding. A promising, but controversial, solution is to set up markets in tradable refugee quotas (e.g., in the European Union). One of the main objections to such proposals is that they lead to the commodification and objectification of refugees. Another objection, less (...) |
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What is special about refugees? In this paper, I argue that the two main accounts of who should count as a refugee have major shortcomings. The first, based on protection from persecution, is too n... |
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This article argues that the practical difficulties and normative dilemmas at stake in the European refugee crisis as a crisis of EU integration extend beyond refugee policies into what we may call ‘the citizenship regime’ of the European Union in ways that are consequential for refugees, member states, and the European Union. It advances arguments for the relatively rapid access to citizenship of refugees, demonstrates that this norm has at least some acknowledgment in the policies of EU member states and (...) |
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This essay develops, within the terms of the recent New York Declaration, an account of the shared responsibility of states to refugees and of how the character of that responsibility effects the ways in which it can be fairly shared. However, it also moves beyond the question of the general obligations that states owe to refugees to consider ways in which refugee choices and refugee voice can be given appropriate standing with the global governance of refuge. It offers an argument (...) |
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I suggest that virtue ethics can learn from Foucault’s critical observations on biopolitics and governmentality, which identify how a good cannot be disassociated from power and freedom. I chart a way through which virtue ethics internalizes this critical point. I argue that this helps address concerns that both virtue ethics and the critical scholarship inspired by Foucault otherwise ignore. I apply virtue ethics to the contexts of refugee arrival, asylum procedure, and immigrant integration in Western Europe; I then see how (...) |
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Even though human smuggling is one of the central topics of contention in the political discourse about immigration, it has received virtually no attention from moral philosophy. This article aims... |
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Theorizing of forced migration and refugees has been paralyzed by excessive reliance on migration theory. This article suggests the need to transfer conceptualizations of forced migration to sociological theories of violence. To that end, a preliminary step is argued to be indispensable: the affirmation of the force factor as a vital concept for meaningful theorization of refugee phenomena. Conceptual and empirical reasons are offered to resurrect the force factor’s centrality. First, I suggest the need to resolve the conceptual residuality of (...) |
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In the scholarly debate, refugeehood is often understood to arise from a special need for basic protection, i.e., for protection of basic needs and rights. However, the main definitions of refugeehood shift to duties when aiming to develop this view. Either, refugees are defined as all those individuals who can receive basic protection from the international community, and thus arguably ought to be protected, or refugees are defined as all those to whom a special form of protection, namely protection by (...) |
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Journal of Social Philosophy, EarlyView. |
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The asylum system faces problems on two fronts. States undermine it with populist politics, and migrants use it to satisfy their migration preferences. To address these problems, asylum services should be commodified. States should be able to pay other states to provide determination and protection-elsewhere. In this article, I aim to identify a way of implementing this idea that is both feasible and desirable. First, I sketch a policy proposal for a commodification of asylum services. Then, I argue that this (...) |
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In the face of the desperate plight of refugees, virtually all moral and political philosophers, regardless of their general position on immigration controls, argue that states have a duty to grant asylum: people must not be turned back to countries where they would face persecution or severe human rights violations. Yet this consensus obscures a number of thorny ethical issues raised by the plight of the displaced. In this piece, I want to draw from recent writing in political and ethical (...) |
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Cryopreservation presents the possibility of circumventing irreversible death through the body’s extreme cooling. Once cooled, this ‘cryon’ is then stored at sub-zero temperatures until medical kno... |
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The current practices of refugee protection refugees largely leave the burdens of the refugee regime to lie where they fall. Those states which are geographically proximate to refugee-producing regions, already amongst the least advantaged, bear the bulk of these burdens. In this paper, I critically assess two proposals which seek to address this maldistribution: a market in asylum services and a principle of comparative advantage. I argue that from the standpoint of justice, these proposals share two objectionable features. First, they (...) |
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