In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border (...) regime. In contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

Despite their theoretical attractiveness, global egalitarian arguments for open borders face the worry that open borders would in fact exacerbate inequality. In this paper, I offer a response to such egalitarian consequentialist concerns. I argue that they fail to attend to the larger political and economic forces that create and maintain inequality. Even in cases where immigration conflicts with egalitarian goals, the conflicts tend to be due to contingent circumstances that egalitarians have reason to change. As such, they do not (...) pose a deep challenge for egalitarian defenses of open borders. However, they do illuminate an important and overlooked point: egalitarians should construe open borders as part of a broad and coherent global egalitarian program, both politically and philosophically. This is in contrast to an approach that sees the border question as an isolated and abstract philosophical question. Furthermore, egalitarians would do well to engage the political economic factors that drive migration in our world, and to buttress their concerns of distributive justice with arguments emphasizing the negative effects of the global border regime on social and relational equality. (shrink)

The best arguments for a nation-state’s right to exclude unwanted outsiders actually condemn nation-level regimes of restriction. Two argumentative steps lead to this conclusion. The first points out that the best arguments for exclusion generalize: if they show that nation-states have the right to exclude, they perform the same service for a great many towns, cities, subnational states, and provinces. The second step constructs a dilemma. The right to exclude is important enough to justify the suffering of would-be immigrants, or (...) it is not. If it is, the right to exclude is very important indeed–would-be immigrants often suffer grievously. But nation-level regimes would then be a serious moral problem: they would deprive a great many municipalities of a right that matters a great deal. Turning to the dilemma’s second horn, if the right to exclude is not important enough to justify the suffering of would-be immigrants, nation-level regimes are straightforwardly immoral. Either way, we arrive at this paper’s central thesis: the best arguments for a nation-states right to exclude actually condemn nation-level regimes of exclusion. (shrink)

I revisit themes from Against Borders: Why the World Needs Free Movement of People (2020) in dialogue with Gillian Brock's Justice of People on the Move (2020) and Sarah Song's Immigration and Democracy (2019). We share the conviction that current border regimes are deeply unjust but differ in what migration justice requires. Brock and Song continue to give states significant discretion to exclude people from entering and settling in their territories, whereas I contend that migration justice demands open borders. (...) I reject the claim that state self-determination justifies migration restrictions. Central arguments for open borders highlight the role that restrictive border controls and the state category of ‘immigrant’ play in upholding racialised hierarchies and exploitative economic relations, as well as in inflicting violence against mobile people. (shrink)

Customs law and procedures are important part of the trade system in Jordan. They regulate the flow of goods across the borders. The purpose of this paper is to examine Jordan's import regime by analyzing customs law, rules of origin, free trade zones, and tariffs reform.

In this Article I argue that the citizenship status of Israel’s Palestinian citizens has been eroding since the "events" of October 2000 and that, as a result, Israel, within its rpe-1967 borders, may be moving from a form of democracy that has been termed "ethnic democracy" towards a form of non-democratic state that has been termed "ethnocracy." My argument is based primarily on two legal documents: the new Citizenship and Entry into Israel Law, 2003, which denies Palestinian citizens the right (...) to unite with their closest family members who are residents of the Occupied Territories, and the decision of the High Court of Justice that upheld the constitutionality of this law in 2006. Two other developments that seem to support my thesis are analyzed as well: the "events" of October 2000 themselves and the report of the state commission of inquiry that investigated these events, and the plan, advanced by Yvette Lieberman and his political party, "Yisrael Beytenu," to shift the border between Israel and the West Bank westward, depriving tens of thousands of citizen-Palestinians of their Israeli citizenship. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:130 Feminist Studies 46, no. 1. © 2020 by Feminist Studies, Inc. Laura Bisaillon, Alana Cattapan, Annelieke Driessen, Esther van Duin, Shannon Spruit, Lorena Anton, and Nancy S. Jecker Doing Academia Differently: “I Needed Self-Help Less Than I Needed a Fair Society” A great deal of harm is being done by belief in the virtuousness of work. — Bertrand Russell, “In Praise of Idleness” We are committed to doing (...) academia in particular ways, and not in others. — Brocher Foundation Feminist Collective I had decided that becoming a university professor might be a good fit; friends and colleagues had suggested that I would be valuable to a university, so I prepared for a restructuring of my family life.1 I read Tokarczyk and Fay’s Working-Class Women in the Academy and Babcock and Laschever’s Women Don’t Ask to gather understandings of the milieu I was entering. I now see that my preparations had not shined sufficient light on the social and structural factors that organize the contemporary university.... As it turns out, the restructuring of our lives within the working conditions, priorities, and rationalities of this professional milieu triggered unanticipated and painful effects.... Had Mountz published her article “Women on the Edge” before I decided on a career migration into the university system and, had I been fortunate enough to discover it, I would have made other career choices.2 1. The authors, who describe themselves as the Brocher Foundation Feminist Collective, indicate their personal narratives in this text using italics. 2. Michelle M. Tokarczyk and Elizabeth A. Fay, eds., Working-Class Women in the Academy: Laborers in the Knowledge Factory (Amherst: University of Massachusetts Press, 1993); Linda Babcock and Sara Laschever, Women Don’t Ask: Negotiation and the Gender Divide (Princeton, NJ: Princeton University Bisaillon et al. 131 Introduction: Personal, Professional, and Political We are seven women who met at the Brocher Foundation in Hermance, Switzerland, in July 2017, where we had been selected to spend a few months as research fellows. This competitively awarded opportunity is open to persons fluent in English, from graduate students to senior scholars, with or without academic appointment, whose scholarship advances knowledge about the ethical, legal, and social implications of health and biotechnologies.3 When we found ourselves on the shores of Lake Leman with the gift of time, we began opening up to each other in unexpected, compelling ways. Whatever our vantage point in the hierarchy of the university system, we discovered that there was remarkable overlap in our experiences as women in academia. When we began writing, our authoring team was composed of two graduate students, four faculty members at the assistant professor rank, and one full professor, residing in Canada, the Netherlands, Romania, the United Kingdom, and the United States. Our plural subject position led us to underexplored and imaginative responses to broader social issues, which we share in this article as the “Brocher Foundation Feminist Collective.” We analyze our experiences from our standpoint as women health researchers laboring in the academy. Our similarities and differences were exciting entry points for discussion and analysis: we are all of eastern or western European descent. We have different countries of birth, mother tongues, ages, disciplinary training and career trajectories, relationships to chronic illness and disability, marital status, and experiences with parenthood. We bring the troubles and contradictions we experience as academics into conversation with each other. We seek to productively illustrate and emphasize that the tensions we see around us, and also feel within us, arise as a result of how the academic system is organized, produced, and sustained across time, place, and space. Press, 2003); Alison Mountz, “Women on the Edge: Workplace Stress at Universities in North America,” The Canadian Geographer 60, no. 2 (2016): 205–18. 3. We experienced this fellowship as a valuable opportunity. But we also recognized that our access to it was mediated by social, economic, or other obligations. As countries in the global north continue to tighten their national border regimes, marginalized academics, especially those from the global South, were less likely to succeed in getting a Swiss visa or securing relevant temporal and economic resources. 132 Bisaillon et al. The promise here, we posit... (shrink)

In the case of introduction of visa-free regime between Ukraine and the European Union (EU) there will arise a problem of matching throughput capacity of the Ukrainian checkpoints to the quantity of people who would want to cross the border. The absence of need for obtaining a visa does not eliminate compulsory customs and border control, but it potentially increases the number of people who intend to cross the border. A growing number of border crossings (...) in case of their mismatch with the criteria for checkpoints are a potential non-tariff restricting barrier in international trade. A threat to the image of the country from the occurrence of such a tool of non-tariff regulation indicates relevance of present study. -/- The aim of the work was to study the dynamics of actual and potentially possible border crossings and to define directions for the optimization of procedures of such a crossing to eliminate negative impact of this non-tariff instrument of regulating international trade on the overall image of the country. -/- We analyzed the peculiarities of crossing the border between Ukraine and the EU through automobile crossing points based on quantitative data regarding crossing the Ukrainian–Polish border. The goals and structure of movement across the border by frequency are clarified. We defined criteria for increase in the discrepancy between actual and nominal throughput capacities of the Ukrainian checkpoints. -/- The scientific novelty of present research is establishing the nature of quantitative effect from restricting the crossing of border on the image of the country with the help of world rankings. -/- A practical significance of the study is to identify ways to improve a procedure for crossing the border: 1) by combining Polish and Ukrainian infrastructure of control at checkpoints; 2) by creating separate lined for crossing the border by persons without transportation vehicles; 3) by simplifying a procedure of control at the border both by checking only by border staff and by increasing the value of goods that a citizen can bring into country; 4) by financing technical equipment for crossing points and their infrastructure by introducing a targeted general tax for persons who cross the border; 5) by compiling open and regular statistics of border crossing. -/- A promising direction for further research is the economic substantiation of appropriateness of the proposed ways to improve the throughput capacities of checkpoints. (shrink)

Within the immigration debate, libertarians have typically come down in favor of open borders by defending two main ideas: i) individuals have a right to free movement; and ii) immigration restrictions are economically inefficient, so that lifting them can make everyone better off. This entry describes the rationale for open borders from a libertarian perspective (in part by analogy to the debate around minimum wage laws). Three main objections within the immigration literature are then discussed: i) the view that states (...) may restrict immigration to protect the interests (e.g. jobs) of their domestic needy; ii) the claim that restrictions are justified as a means of preserving culture; and iii) the influential argument that the right to freedom of association entails a right to exclude. These arguments are well-known, and I describe some of the compelling responses to be found in the recent literature. The essay then turns to more neglected critiques. The first concerns how liberal regimes should think about immigration from countries where the dominant norms are illiberal. The second examines the idea that political and economic institutions are sensitive to immigration policy, especially in the long run. Both of these critiques approach the topic from a non-ideal theory perspective, emphasizing the “public choice” dimensions of immigration policy. The entry closes by suggesting that this form of critique is especially important for open-borders libertarians to respond to given their general commitments to non-ideal, non-romantic theorizing in the context of government institutions and policy. (shrink)

Black holes are extremely relativistic objects. Physical processes around them occur in a regime where the gravitational field is extremely intense. Under such conditions, our representations of space, time, gravity, and thermodynamics are pushed to their limits. In such a situation philosophical issues naturally arise. In this chapter I review some philosophical questions related to black holes. In particular, the relevance of black holes for the metaphysical dispute between presentists and eternalists, the origin of the second law of thermadynamics (...) and its relation to black holes, the problem of information, black holes and hypercomputing, the nature of determinsim, and the breakdown of predictability in black hole space-times. I maintain that black hole physics can be used to illuminate some important problems in the border between science and philosophy, either epistemology and ontology. (shrink)

Intergovernmental relation is an interaction among different levels of government. Intergovernmental relation is often times conflict-ridden, and the extent of the conflict depends on how they are managed by the actor operating at the government levels. This study examines conflict management in intergovernmental relation in Nigeria. The content analysis method would be used. This will be carried out by analyzing data obtained from extant literature on the subject matter. This paper found that intergovernmental conflicts mainly borders on tax jurisdiction and (...) revenue allocation. Other areas of conflict were found to include domination by the centre of other units, as well as, parallel and vertical misunderstanding among units on administrative, legal, social and economic matters. It was suggested that levels of government should introduce such method as discussion, integration, good management of communication in other to attain a peaceful intergovernmental relations regime. (shrink)

Black holes are extremely relativistic objects. Physical processes around them occur in a regime where the gravitational field is extremely intense. Under such conditions, our representations of space, time, gravity, and thermodynamics are pushed to their limits. In such a situation philosophical issues naturally arise. In this chapter I review some philosophical questions related to black holes. In particular, the relevance of black holes for the metaphysical dispute between presentists and eternalists, the origin of the second law of thermodynamics (...) and its relation to black holes, the problem of information, black holes and hypercomputing, the nature of determinisim, and the breakdown of predictability in black hole space-times. I maintain that black hole physics can be used to illuminate some important problems in the border between science and philosophy, either epistemology and ontology. (shrink)

This paper analyses the demands for abolishing passports after WWI. The international regime of obligatory passports, as it exists today, is a legacy of the Great War. After the Armistice, two Passport Conferences organized by the League of Nations considered its abolition. Before the second conference, a resolution of the Sixth Assembly of the League of Nations stated that "public opinion is certainly waiting for at least one step towards the most generalized abolition of the passport system ". Was (...) this just a diplomatic figure of speech, or is there really such an "expectation" to be found, for instance, in the press? If there was such an expectation in the press, what was the political orientation of the newspapers in favor of abolishing passports: was it left-wing? This article analyzes a corpus of over 600 articles published in the French press between the World Wars to show, firstly, that interest in the "abolition of passports" was not circumstantial. It's not because the League of Nations is discussing it that the press is discussing it - the opposite is true. The issue of the "abolition of passports" gave rise to a greater number of articles than the League’s "passport conferences". secondly, and more surprisingly, the newspapers that published the most articles on the abolition of passports were center-right and mostly regional. (shrink)

Democracy is a government form based on the general consent, is seen to becoming common in global nations; and that if the tenet is followed it facilitates national development. This study used the content analysis method to examine democracy in Nigeria and national development. It was found that some pre-colonial administrations in Nigeria had embraced democratic tenets before the colonials master came; the difference, however, border on structural arrangements. It was found that the version of western democracy has not (...) adapted the Nigeria environment making its practice difficult and also difficult to attain national development. It was also found that the phase Nigeria democracy passed, especially, during the military regimes has not provided opportunities for development. The ethnic diversity of Nigeria and inabilities of leadership to manage it was found to pose legislative influence on democracy and national development. It was found that Nigeria environment lacks the absorptive capacity to accommodate liberal democracy considering the death of institutions and the skewed electoral process. It was found that absence of effective democracy in Nigeria disarticulated the pre-colonial democratic structure, and the exclusivist approach to liberal democracy and the rule of the game, manifest in incessant agitations, militancy, insurgency, banditry, and general underdevelopment. It was also suggested that a change in leadership approach is necessary, more importantly, to allow a breath of democratic participation in policy-making for national development. It was also recommended that all forms of discriminations are addressed and that constitutionalism should be upheld. (shrink)

South Asia, home to one-third of the world population, is a diverse region with distinct conflicts and politico-economic subtleties. It has large sections of an impoverished population due to a lack of adequate health, education, water, sewerage, and transportation facilities. Natural disasters, as well as the lack of access to basic facilities, increase the probability of conflict. Peacebuilding is the practice of developing policies that consolidate peace and restore order through political, economic, and social reforms. Primarily, it depends on the (...) security, economic, and political dynamics of the region where it is being carried out. Therefore, the challenges to peacebuilding in South Asia are immense. State security and peace of several South Asian countries are threatened by non-representative regimes, foreign interventions, internal ethnic conflicts, natural resource disputes, and deteriorating governance structures. So, South Asian countries are more vulnerable to cross-border terrorism and ethnic and sectarian conflicts [1]. Sikh Gurus [2] proclaim that if one considers people of one's community as friends and people of other communities as enemies, one can never attain peace of mind. A feeling of universal fellowship is the foundation for peaceful coexistence in a diverse society. (shrink)

In this paper, we examine the extent to which the concept of emergence can be applied to questions about the nature and moral justification of territorial borders. Although the term is used with many different senses in philosophy, the concept of “weak emergence”—advocated by, for example, Sawyer (2002, 2005) and Bedau (1997)—is especially applicable, since it forces a distinction between prediction and explanation that connects with several issues in the dis-cussion of territory. In particular, we argue, weak emergentism about borders (...) allows us to distinguish between (a) using a theory of territory to say where a border should be drawn, and (b) looking at an existing border and saying whether or not it is justified (Miller, 2012; Nine, 2012; Stilz, 2011). Many authors conflate these two factors, or identify them by claiming that having one without the other is in some sense incoherent. But on our account—given the concept of emergence—one might unproblematically be able to have (b) without (a); at the very least, the distinction between these two issues is much more significant than has often been recognised, and more importantly gives us some reason to prefer “statist” as opposed to “cultural” theories of territorial borders. We conclude with some further reflections on related matters concerning, firstly, the apparent causal powers of borders, and secondly, the different ways in which borders are physically implemented (e.g., land vs. water). (shrink)

This paper argues that the relevant unit of analysis for assessing the justice of an immigration policy is the socially-situated individual (as opposed to the individual simpliciter or the nation-state, for example). This methodological principle is demonstrated indirectly by showing how some liberal, cosmopolitan defenses of "open borders" and the alleged right of immigration fail by their own standards, owing to the implicit adoption of an inappropriate unit of analysis.

The distinction between perception and cognition frames countless debates in philosophy and cognitive science. But what, if anything, does this distinction actually amount to? In this introductory article, we summarize recent work on this question. We first briefly consider the possibility that a perception-cognition border should be eliminated from our scientific ontology, and then introduce and critically examine five positive approaches to marking a perception–cognition border, framed in terms of phenomenology, revisability, modularity, format, and stimulus-dependence.

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that (...) unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice. (shrink)

This book argues that there is a joint in nature between seeing and thinking, perception, and cognition. Perception is constitutively iconic, nonconceptual, and nonpropositional, whereas cognition does not have these properties constitutively. The book does not appeal to “intuitions,” as is common in philosophy, but to empirical evidence, including experiments in neuroscience and psychology. The book argues that cognition affects perception, i.e., that perception is cognitively penetrable, but that this does not impugn the joint in nature. A key part of (...) the argument is that we perceive not only low-level properties like colors, shapes, and textures but also high-level properties such as faces and causation. Along the way, the book explains the difference between perception and perceptual memory, the differences between format and content, and whether perception is probabilistic despite our lack of awareness of probabilistic properties. The book argues for perceptual categories that are not concepts, that perception need not be singular, that perceptual attribution and perceptual discrimination are equally fundamental, and that basic features of the mind known as “core cognition” are not a third category in between perception and cognition. The chapter on consciousness leverages these results to argue against some of the most widely accepted theories of consciousness. Although only one chapter is about consciousness, much of the rest of the book repurposes work on consciousness to isolate the scientific basis of perception. (shrink)

Since the 1860s, petroleum companies, through their influence on local governments, port authorities, international actors and the general public gradually became more dominant in shaping the urban form of ports and cities. Under their development and pressure, the relationships between industrial and urban areas in port cities hosting oil facilities evolved in time. The borders limiting industrial and housing territories have continuously changed with industrial places moving progressively away from urban areas. Such a changing dynamic influenced the permeability of these (...) borders. Port cities are nodes and logistic points where various flows of commodities, wealth, and knowledge gathered before further re‐distribution. These flows affected port cities by changing their spatial organization and the availabiity of space between borders. The main question here is: How did industrial and urban borders evolve through time in port cities? Through a historical analysis, the article explores the settlements of oil facilities and the influence of oil companies over local, regional, and national governments in creating borders and how it influenced the porosity of port cities. This article, through the petroleum narrative, illustrates the impacts of past borders on the contemporary urban form through the evolution of the French port city of Dunkirk, in the North of France. As a historical study, the article analyzes the changing relationships between petroleum industrial sites and housing areas in the city of Dunkirk, using aerial pictures, archival sources, and regulations of different periods. The importance of this analysis lies in knowing that former oil sites previously located on the periphery of Dunkirk, that were forgotten by the authorities are now located within the current urban tissue. This process demonstrates the importance of historical developments to understand current challenges in the urban planning of industrial port cities. (shrink)

This chapter introduces and discusses the concepts that are in-depth articulated in the volume. International migration is presented here as a test bench where the normative limits of institutional order, its contradictions and internal tensions are examined. Migrations allows to call into question classical political categories and models. Pointing at walls and fences as tools that reproduce enormous inequalities within the globalized neo-liberal system, this chapter presents the conceptual tensions and contradictions between migration policies and global justice. We challenge the (...) conceptualization of justice as a relationship between citizens of the same country and the State and argue that, in our globalized world, nation-state cannot constitute the basic unit of the theories of justice. We argue that an integral approach that includes the complex and interconnected forms of structural inequalities and transcends the borders of national sovereign states is required. Avoiding the methodological nationalism and the exclusionary biases that inform current migration and border control policies, this chapter finally places attention on the most marginalized subjects of the migration chain: migrant women workers. We point out the importance of addressing transnational structural inequalities and bringing social reproduction to the center of global justice theories. (shrink)

** This piece was originally titled "Beyond Borders: Exploring Ubuntu as a Lived Philosophy" but was later retitled "African thought can rescue Western philosophy" by the publisher. ** -/- Western philosophy is often abstract and disconnected from the real ethical problems we face today. Emmanuel Chiwetalu Ossai and Lloyd Strickland argue that the African philosophy of ubuntu, with its emphasis on community, interconnectedness, and practical application of ethical principles, offers a compelling alternative.

The World Economic Forum notes that there is an economic gap between Indonesia and Malaysia every year as seen from GDP per capita. The economic disparity between the two countries caused differences in available employment opportunities. Limited employment opportunities in Indonesia cause an increase in unemployment in Indonesia. The high unemployment rate in West Kalimantan is the main cause of the migration of Indonesians to Malaysia with the aim of carrying out economic and trade activities in the Serikin Market which (...) is located in Sarawak, East Malaysia. The market only takes about 15 minutes from the Jagoi Babang. This study used primary data collected by using in-depth interview and observation techniques which was analyzed qualitatively. The study found that in general the migration patterns of Indonesian traders who traded in the Serikin Market practiced non-permanent mobility patterns. The opportunities of cross-border trade carried out by Indonesian traders are reducing unemployment, facilitating product marketing, increasing income. While the challenges faced are the inadequacy of the road infrastructure, the quality of merchandise that is not good, the unavailability of lodging for Indonesian traders in the border area of Jagoi Babang, shop rental prices are relatively expensive. Basically, this research is to provide empirical data regarding to opportunities and challenges of cross-border traders that will be able to be used for future research related to strategies in managing cross-border trade Hopefully, this research will contribute significantly to generate an effective migration policy in order to minimize transnational crimes. (shrink)

The essay concerns the negative end of the political argument of the Republic, that injustice—the rule of unreason—is both widespread and undesirable, and that whatever shadows of virtue or order might be found in its midst are corrupt and unstable. This claim is explained in detail in Republic 8 and 9. These passages explain recognizable faults in recognizable regimes in terms of the failure of the rule of reason and the corresponding success of the rule of non-rational forms of motivation. (...) I will first look at degenerate regimes as they appear in a less systematic way in the Ship of State passage in Republic 6 and in the discussion with Thrasymachus in book 1. I then give a general overview of the system of degenerate regimes in book 8 to examine what exactly goes wrong with them and why, and explain how the process of degeneration ought be understood as the progressive decay of the rule of reason. Finally, I argue that a close look at this decay reveals something surprising: that degenerate regimes and characters feature weak versions of virtue, shadow-virtues that are based on appearances and held in place by force. Thus in the end the whole process of degeneration ought be understood as an extended conflict between reason and appetite. (shrink)

Although the notion of universal human rights allows for the idea that states (and supranational organizations such as the European Union) can, or even should, control and impose restrictions on migration, both notions clearly do not sit well together. The ensuing tension manifests itself in our ambivalent attitude towards migration, but also affects the border guards who have to implement national and supranational policies on migration. Little has been written on the ethics that has to guide these border (...) guards in their work. Juxtaposing the ethics of border guarding against the ethics of the somewhat related military profession, this article attempts to (a) describe border guarding as a comparatively rule-guided profession; (b) outline the aim and basis of the ethics education that prepares border guards for their work; and (c) propose a research agenda for the future that should further our understanding of (a) and (b), but also help us improve the moral education of border guards. (shrink)

The philosophical debate on the freedom of movement focuses almost exclusively on long-term migration, what I call, migration as settlement. The normative justifications defending border controls assume that the movement of people across political borders, independent of its purpose and the length of stay, refers to migration as settlement. “Global mobility,” “international movement,” and “immigration” are oftenused interchangeably. However, global mobility also refers to the movements of people across international borders for a short length of time such as travel, (...) short-term and circular migration. While most scholarly attention has focused on long-term migration, the vast majority of cross-border movement of people (approximately 85% of all cross-border movements in 2019) is short-term. The existing literature offers normative arguments for border controls, which are grounded on states’ right to self-determination, the freedom of (dis)association, the welfare state, the duty to compatriots, and brain drain. In this paper, I argue that these arguments do not justify excluding travelers, short-term and circular migrants from the territory. (shrink)

To explain the correct libertarian approach to immigration, a thought-experiment posits a minimal-state libertarian UK and then the introduction of several relevant anti-libertarian policies with their increasingly disastrous effects. It is argued that the reverse of these imagined policies, as far as is politically possible, must be the correct way forward. This framing is intended to counter the tendency for many articles to misapply libertarian principles to the current messy situation on the mistaken assumption that a state need only stop (...) interfering without rectifying or adjusting for its previous interferences. The relevant parts of various open-border texts are then criticised in light of this and for other errors, in particular for overlooking the likely huge scale of immigration as indicated by Gallup surveys. Additional criticisms are addressed in footnotes throughout. The conclusion outlines three broad options on immigration and suggests that directionally-libertarian policies are both more libertarian and practical than having states open their borders. The readers that might be interested in this subject matter include those engaging in libertarian philosophy, economics, and political theory. (shrink)

n Part I of this essay I take a canonical case of political theology, Schmitt’s theory of sovereignty (1985; 1922), and show how Agamben derives his account of sovereignty from an interpretation of Schmitt that relies on the interesting theological premise of an atemporal act or decision, one that is traditionally attributed to god’s act of creation, and that is only ambiguously secularized in the transcendental moment of German Idealism. In Part II I show how this reading of Schmitt can (...) be used to avoid a certain kind of negative political theology associated with deconstruction because Agamben’s reading of Schmitt explains the emergence of certain specific temporal structures associated with the sovereign political decision: the sovereign political decision cannot be represented as having a beginning, and hence recedes phenomenologically into a kind of a priori past; and the sovereign decision cannot be represented as completed, and hence it is experienced as a ‘perpetual expenditure of energy’ that lacks comprehensible relation to a goal. In Part III I defend Agamben’s interpretation of sovereignty as a transcendental act from Negri’s objection that Agamben simply equates without argument Negri’s radically democratic conception of revolutionary constituent power with Schmitt’s conception of sovereignty (1999, p. 13). My defense relies on identifying Agamben’s ‘paradox of sovereignty’ (Agamben 1998, pp. 15ff.) with a ‘paradox of democracy.’ (Mouffe 2000; Whelan 1983) In Part IV I realize a corollary of the identification of the two paradoxes, of sovereignty and democracy: that political borders are the spatial site of the application of the act of political sovereignty, and possess a kind of transcendental spatiality akin to the special temporality associated with sovereignty. I apply this understanding to the privileged special case of the US-Mexico border: the structures implicit in Agamben’s analysis explain some crucial features of this case of walling: its manifest failure to achieve, even in principle, the purpose for which it is allegedly intended; the failure of democratic polity to address those affected by the wall; the appeal to sovereign powers in the legal legitimation of border policy. I defend Agamben’s analysis against other apparently competing views, especially those of Wendy Brown (2010) and argue that the transcendental act of sovereignty comprises a kind of primary political repression that opens up the space for ideological understandings of the wall, but does not itself comprise one. In Part V I address the question whether Agamben’s derived category of ‘bare life’ can also be used in the context of the border, arguing that it can. I conclude with some critical remarks about the limits of Agamben’s view. (shrink)

An interview with Ed Casey where we discuss the intersections of his philosophical work with current political issues, including the Israel-Palestine conflict.

In his Science of Logic Hegel purports to give an account of a dialectical logic that generates the totality of being’s fundamental structures. This totality does not exhaust the richness of being, but it exhausts the basis of this richness. Any phenomenon, whether cognitive, scientific, social or political, is based upon some or all of those structures. The paper presents and examines the logic of a structure which pervades each and every phenomenon: the border(die Grenze). It is analyzed as (...) an advanced manifestation of “determinateness,” an even more primitive structure of being, which makes explicit its intrinsic connection with not-being. What is distinctive about Hegel’s analysis is that it establishes a logical character concerning the concept of “border” that precedes empirical observation and a connection with space. The aim of the paper is to reconstruct Hegel’s dialectic of the border in such a way as to make this logical character apparent and convincing to contemporary audience, who begin from the assumption that all discourse about border has an empirical basis and presupposes reference to space. It will be argued that, contrary to received opinion, the very phenomenon of “border” has certain universal and necessary features which explain its very possibility, are completely a priori and are established prior to any reference to space. A discussion about “borders” that excludes any a priori investigation into this phenomenon from its domain simply fails to illuminate its most important dimension: its logical core or, if you will, its universal and necessary attributes. (shrink)

We argue that philosophers are competent to facilitate public discussion concerning restrictions on human migration across political borders. We also argue that presenting public audiences with a prima facie case for open borders offers a unique opportunity to elucidate important aspects of philosophical reasoning. Finally, we share resources and a lesson plan for those keen to examine the case for open borders with students, or to facilitate public discussion on these issues.

Supporters of open borders sometimes argue that the state has no pro tanto right to restrict immigration, because such a right would also entail a right to exclude existing citizens for whatever reasons justify excluding immigrants. These arguments can be defeated by suggesting that people have a right to stay put. I present a new form of the exclusion argument against closed borders which escapes this “right to stay put” reply. I do this by describing a kind of exclusion that (...) has not been discussed in depth, which I call “territorial exclusion.” Territorial exclusion is the process according to which the group that wishes to exclude current citizens secedes from the territory in which those citizens reside. I argue that the wrongness of territorial exclusion explains why there is no pro tanto right for a state to exclude immigrants, because otherwise there would be a pro tanto right for the state to kick people out by seceding from the territory they inhabit. Because kicking people out like this is typically wrong, borders cannot be closed. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 601-607, July 2022. Ayelet Shachar's The Shifting Border deploys a powerful map metaphor to support rethinking of borders and their functions. I interrogate this metaphor, developing some of the representational, constructive, and normative functions of maps, along with their connections to legal mechanisms for decoupling migration from territory. I survey three responses to the extra-territorialization of migration: a cynical response that rejects the possibility of migration justice, an abolitionist response (...) connected to open borders, and a revisionist response that advocates for widescale institutional reform. The revisionist response illuminates how Shachar's essay challenges us to reflect on what sorts of maps and accompanying social and political organizations would best support migrant justice. (shrink)

Some proponents of global justice question that opening borders is an effective strategy to alleviate global poverty and reduce inequalities between countries. This article goes a step further and asks whether an open borders policy is compatible with the objectives of global distributive justice. The latter, it will be argued, entails the ordering of needs, the assignment of priorities and the preference or subordination of some interests over others. In other words, global justice requires the establishment of conditions and restrictions (...) on mobility. On the contrary, open borders claim an unrestricted and unconditional (not unqualified) freedom of movement, limited only by public health considerations, serious threats to national security or democratic institutions, but not by an aspiration for maximizing global redistributive utility. The main point is that not only would freedom of movement be instrumentalized, losing its presumptive moral force, but ultimately open borders as a remedy of global justice are an oxymoron. The article concludes with an alternative defence of freedom of international movement. (shrink)

Which political principles should govern global politics? In his new book, Simon Caney engages with the work of philosophers, political theorists, and international relations scholars in order to examine some of the most pressing global issues of our time. Are there universal civil, political, and economic human rights? Should there be a system of supra- state institutions? Can humanitarian intervention be justified?

The volume gathers theoretical contributions on human rights and global justice in the context of international migration. It addresses the need to reconsider human rights and the theories of justice in connection with the transformation of the social frames of reference that international migrations foster. The main goal of this collective volume is to analyze and propose principles of justice that serve to address two main challenges connected to international migrations that are analytically differentiable although inextricably linked in normative terms: (...) to better distribute the finite resources of the planet among all its inhabitants; and to ensure the recognition of human rights in current migration policies. Due to the very nature of the debate on global justice and the implementation of human rights and migration policies, this interdisciplinary volume aims at transcending the academic sphere and appeals to a large public through argumentative reflections. Challenging the Borders of Justice in the Age of Migrations represents a fresh and timely contribution. -/- IN A TIME when national interests are structurally overvalued and borders increasingly strengthened, it’s a breath of fresh air to read a book in which migration flows are not changed into a threat. We simply cannot understand the world around us through the lens of the ‘migration crisis’-a message the authors of this book have perfectly understood. Aimed at a strong link between theories of global justice and policies of border control, this timely book combines the normative and empirical to deeply question the way our territorial boundaries are justified. Professor Ronald Tinnevelt, Radboud University Nijmegen, The Netherlands.- -/- THIS BOOK IS essential reading for those frustrated by the limitations of the dominant ways of thinking about global justice especially in relation to migration. By bringing together discussions of global justice, cosmopolitan political theory and migration, this collection of essays has the potential to transform the way in which we think and debate the critical issues of membership and movement. Together they present a critical interdisciplinary approach to international migration, human rights and global justice, challenging disciplinary borders as well as political ones. Professor Phil Cole, University of the West of England, UK.-. (shrink)

Powerful, technically complex international compliance regimes have developed recently in certain professions that deal with risk: banking (the Basel II regime), accountancy (IFRS) and the actuarial profession. The need to deal with major risks has acted as a strong driver of international co-operation to create enforceable international semilegal systems, as happened earlier in such fields as international health regulations. This regulation in technical fields contrasts with the failure of an international general-purpose political and legal regime to develop. We (...) survey the new global regulatory systems in the actuarial, banking and accounting fields, with a view to showing how the need to deal reasonably with risk has resulted in an international de facto law solidly based on correct abstract principles of probability. (shrink)

Recent decades of women's rights advocacy have produced numerous regional and international agreements for protecting women's security, including a UN convention that affirms the state's responsibility to protect key gender-specific rights, with no exceptions on the basis of culture or religion. At the same time, however, the focus on universal women's rights has enabled influential feminists in the United States to view women's rights in opposition to culture, and most often in opposition to other people's cultures. Not surprisingly, then, feminists (...) across the global South have criticized the universal-women's-rights agenda. This article reviews representative critical responses to universal-women's-rights advocacy. The author argues that, taken collectively, these critical responses do not reject the possibility of cross-cultural feminist advocacy but they do suggest the need for feminists in the United States and Europe to focus less on transferring rights across the obstacles of culture and more on how they can revise and expand their own understanding of women's rights in response to the struggles of other women, many of whom view women's rights as organic to their own cultures and as connected to broader social struggles. (shrink)

Having an adequate and extensively recognized resource governance system is essential for the conservation and sustainable use of crop genetic resources in a highly populated planet. Despite the widely accepted importance of agrobiodiversity for future plant breeding and thus food security, there is still pervasive disagreement at the individual level on who should own genetic resources. The aim of the article is to provide conceptual clarification on the following concepts and their relation to agrobiodiversity stewardship: open access, commons, private property, (...) state property and common heritage of humankind. After presenting each property regime, we will examine whether and how these incentivize the conservation, improvement and sharing of crop genetic resources, and conclude by defending a mixed property regime. (shrink)

This work explores the increasing militarization of borders throughout the world, particularly the United States border with Mexico. Rather than further rhetoric of "border security," this work views increases in guards, technology and the building of walls as militarized action. The goal of this essay is to place the onus upon states to justify their actions at borders in ways that do not appeal to tropes of terrorism. This work then explores how a logic of security infiltrates philosophical (...) discussions of "the right to exclude," thereby curtailing the ability to see borders in any other way than as a locale that must be militarized. Specifically, I analyze the work of Michael Blake and his juridical theory of immigration restrictions. I argue that his work necessitates the walling of borders and removal of those who create new obligations for current members of existing political institutions. (shrink)

Though there is no international government, there are many international regimes that enact binding regulations on particular matters. They include the Basel II regime in banking, IFRS in accountancy, the FIRST computer incident response system, the WHO’s system for containing global epidemics and many others. They form in effect a very powerful international public sector based on technical expertise. Unlike the public services of nation states, they are almost free of accountability to any democratically elected body or to any (...) legal system. Although by and large they have acted for good, the dangers of long-term unaccountability are illustrated by the travesties of justice perpetrated by the International Labour Organisation Administrative Tribunal. (shrink)

The recent political developments in the Philippines require a reevaluation of the nature of the State under the Rodrigo Duterte regime. Just years ago, scholars illustrated the regime of Duterte to be a populist, illiberal, or authoritarian one. But since then, and especially during the pandemic, a lot of things have changed. In this paper, I will argue that Duterte’s regime is a fascist one. Unlike how Walden Bello characterized Duterte as a fascist original, a characterization laden (...) with theoretical inconsistencies and practical difficulties, I will develop a concept of fascism proper to the neoliberal and semi-colonial conditions of the Philippines. I will likewise trace the rise, development, and stabilization of the regime’s fascism. The discussion will be supported and illuminated by some illustrative examples taken from the experience of the mass movement in Cebu. (shrink)

The segregation of image parts into foreground and background is an important aspect of the neural computation of 3D scene perception. To achieve such segregation, the brain needs information about border ownership; that is, the belongingness of a contour to a specific surface represented in the image. This article presents psychophysical data derived from 3D percepts of figure and ground that were generated by presenting 2D images composed of spatially disjoint shapes that pointed inward or outward relative to the (...) continuous boundaries that they induced along their collinear edges. The shapes in some images had the same contrast (black or white) with respect to the background gray. Other images included opposite contrasts along each induced continuous boundary. Psychophysical results demonstrate conditions under which figure-ground judgment probabilities in response to these ambiguous displays are determined by the orientation of contrasts only, not by their relative contrasts, despite the fact that many border ownership cells in cortical area V2 respond to a preferred relative contrast. Studies are also reviewed in which both polarity-specific and polarity-invariant properties obtain perceptual figure-ground grouping results. The FACADE and 3D LAMINART models are used to explain these data. Keywords: figure-ground separation, border ownership, perceptual grouping, surface filling-in, V2, V4, FACADE Theory. (shrink)

In the seventeenth century, Newton used bis famous prism to found the physics of spectral light, thus revolutionising our thinking about colours; more than a hundred years later, Goethe protested against Newton's theory and discovered a number of new prismatic colour phenomena. Did these episodes in the history of science have any influence on the visual arts? For a decade now my visits to art museums have had an agenda: I have been looking for nineteenth-century paintings with certain spectral colour (...) (which will be described in the first half of this paper). While my search has been unsuccessful in traditional Western art, I found what I was looking for in Japa­nese art: in woodblock prints by Hokusai and Hiroshige. This is surprising; little Western science had reached Japan in their time. The second half of the paper pre­sents this riddle, which I am nowhere near solving. Even without a solution, however, a riddle can be instructive. In this case, it may help to bring into focus the fascinating exchange between two distant cultures. Much has been written on the cultural relativ­ity of colour perception, colour systematisation and colour aesthetics; I want to intro­duce a new and so far unknown case that might contribute to this debate - though the debate itself remains beyond the scope of this paper. (shrink)

Migration has, in recent years, been one of the most current topics both in Croatia and worldwide. We have witnessed increased emigration (i.e. out-migration) of Croatian citizens, as well as attempts to cross the Croatian state border by citizens of other countries. This book focuses on migration in the context of the so-called migrant and refugee crisis, which is considered from a philosophical and sociological perspective. Any gender-specific terms, irrespective of the gender in which they are used here, refer (...) equally to both men and women. The book came into being as part of a study conducted by the authors in 2019 among students at the University of Split. This was one of the activities carried out within the project entitled Creating welcoming communities, which was coordinated by the Association "MI" – Split, with the support of the UNHCR’s (United Nations High Commissioner for Refugees) Representation in Croatia. The main objective of the project was to improve the conditions for better integration of asylum seekers at the local and regional level, with a special emphasis on local stakeholders and the community. The objective and activities of the project reflect and anticipate relocation policies and work towards analysing, valorising, and developing recommendations for the preparation of the local community and self-government to provide support. In this regard, we can say that the aim of the project is a contribution of sorts to creating a welcoming atmosphere and better conditions for integration through cooperation with institutions, and especially with the academic community. The project activities were intended to include relevant scientific findings that would enable the interested public to gain a more systematic understanding of the current social situation as well as to promote the idea of the possibilities of achieving a higher integration standard. In the complex social circumstances of today, which require understanding and adaptation, in addition to adequate access to accurate information, it is also crucial to ensure and facilitate the forming of inter-sectoral networks that would respond more readily to existing challenges. This primarily requires knowledge exchange, but also cooperation between different stakeholders such as public institutions, local and state government, civil society organisations, the academic community, media, etc. All these stakeholders play an equally important role in establishing a support network for a multitude of beneficiaries within the integration process. The establishment of a support network for the reception and integration of asylum seekers depends on the support of the local population in the broadest sense. One of the aims of the study was to analyse the relationship between the respondents’ identity features and their attitudes on accepting immigrants and refugees. The structure of the survey is based on the following objectives within which we sought to identify: 1) students’ attitudes on immigration, immigrants, and refugees, 2) the perceived sociodemographic profiles of immigrants and refugees, 3) the eventual presence of social distance towards immigrants and refugees. For the sake of clarity and better presentation, the second and third research objectives are analytically separated from the first one, although, in fact, a connection exists between them. How students perceive migration, immigrants, and refugees plays a role in shaping their attitudes towards them, as well as in potential behaviours reflected in the degree of social distance. From the sociological perspective, identity is seen as the way we perceive ourselves and others, as well as the way we are perceived by others. It involves sameness, similarity and difference concerning various groups of individuals (Abercrombie, Hill & Turner, 2006:190). Identity is associated with the meanings individuals and groups attach to their social reality, resulting in different forms of action. As such, it becomes one of the central political, scientific, and social topics in general. The book is structured in six chapters. Following the introduction, the first chapter presents the theoretical framework on which the conducted research is based. It goes on to elaborate on the concepts significant for a better understanding of the covered topic, in particular the concept of identity, the differences between the concepts of immigrant and refugee, as well as the frameworks of philosophical reflection on migration (the philosophy of politics and ethics). As confirmed both by our study and by numerous others, the discussion on the topic of identity represents an important element in understanding modern migrations. The third and fourth chapters lay out the research methodology, followed by the results and their interpretation. Chapter 5 provides conclusions and recommendations for further research and the establishment of a support network for the reception and integration of asylum seekers. The final chapter includes references to the literature used. (shrink)