Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.

In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

The work of Giorgio Agamben, one of Italy's most important and original philosophers, has been based on an uncommon erudition in classical traditions of philosophy and rhetoric, the grammarians of late antiquity, Christian theology, and modern philosophy. Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it. In Homo Sacer, Agamben aims to connect the problem of (...) pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault's fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle's notion of man as a political animal, and throughout the history of Western thinking about sovereignty, a notion of sovereignty as power over "life" is implicit. The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt's idea of the sovereign's status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective "naked life" of all individuals. (shrink)

Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.

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)

Asylum has become a highly charged political issue across developed countries, raising a host of difficult ethical and political questions. What responsibilities do the world's richest countries have to refugees arriving at their borders? Are states justified in implementing measures to prevent the arrival of economic migrants if they also block entry for refugees? Is it legitimate to curtail the rights of asylum seekers to maximize the number of refugees receiving protection overall? This book draws upon political and ethical theory (...) and an examination of the experiences of the United States, Germany, the United Kingdom and Australia to consider how to respond to the challenges of asylum. In addition to explaining why asylum has emerged as such a key political issue in recent years, it provides a compelling account of how states could move towards implementing morally defensible responses to refugees. (shrink)

The Reluctant Modernism of Hannah Arendt rereads Arendt's political philosophy in light of newly gained insights into the historico-cultural background of her work.

Discusses the nature of thought and volition, examines past philosophical theories, and clarifies the relation between will and freedom.

Margaret Canovan argues in this book that much of the published work on Arendt has been flawed by serious misunderstandings, arising from a failure to see her work in its proper context. The author shows how such misunderstanding was possible, and offers a fundamental reinterpretation, drawing on Arendt's unpublished as well as her published work, which sheds new light on most areas of her thought.

First published in 1994. Routledge is an imprint of Taylor & Francis, an informa company.

Hannah Arendt's 1949 essay on the critique of human rights was published in English and German in the same year under two quite different titles: while in English the title asks the skeptical question: "'The Rights of Man'. What Are They?", the German title claims: "Es gibt nur ein einziges Menschenrecht " - "there is only one human right". The article shows that the English title's skepticism and the German title's assertion represent two internally connected moves of Arendt's argument. For (...) Arendt aims at a fundamental critique of the modern natural law tradition of human rights which, at the same time, hints at a possible alternative understanding of a " right to have rights" in terms of a political anthropology - a new understanding of human dignity. (shrink)

In recent works Nancy Fraser has developed a model of ?metademocracy? that promises to reconcile the competing claims of universal justice (grounded in human rights) and localized democracy (grounded in popular sovereignty). By instituting a global democratic procedure in which all enjoy participatory parity, Fraser hopes to ensure that some people are not denied standing as ?subjects of justice? simply because of their territorial location while keeping faith with the democratic commitment to autonomy and self-legislation. Despite the compelling nature of (...) this model, I argue that Fraser fails to bridge the gulf between justice and democracy because her model of metademocracy is built on the ?metanorm? of ?participatory parity?. Drawing on the work of Hannah Arendt, I claim that this foundationalist move re-asserts the priority of justice over democracy because it takes equality as a moral given rather than the ever-precarious achievement of human organization. (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)