Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption of a pre-political settlement, and (...) its impossibly high demands on citizens seeking to practice self-rule. Kant’s solutions to these problems of property rights and citizenship are found in his political works, rather than the ethical works through which Kant’s political theory is usually interpreted. (shrink)

What are we morally required to do for strangers? To answer this question – a question about the scope of requirements to aid strangers – we must first answer a question about justification: why are we required to aid them (when we are)? The main paper focuses largely on answering the question about justification, but does so in order to arrive at an answer to the question about scope. Three main issues are discussed. First, to what extent should requirements of (...) beneficence – requirements to benefit other people – be seen as generated by people’s rights to receiving aid? Secondly, what is the relationship between requirements of beneficence that apply to us collectively and requirements of beneficence that apply to each of us individually? According to Liam Murphy, our obligations to help distant strangers are fundamentally collective obligations, and any individual obligations we bear are consequently obligations to discharge our “fair share” of these collective obligations. I shall argue that, on the contrary, there are large-scale collective obligations of beneficence that derive from more fundamental individual obligations. My third issue concerns the moral significance of citizenship. What morally relevant difference is there between strangers who are compatriots and those who are not? (shrink)

The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the state over its citizens despite the fact that (...) those citizens are naturally free and equal. I assume that this task is of central importance to all right-based social contract theories: in chapter one I lay out the general problems faced by all contract theories, and in chapter two, three and four I examine in depth the accounts of political obligation offered by Locke, Rousseau, and Rawls. I conclude that all members of the right-based social contract tradition fail to provide an account of obligation that can explain the bond between a citizen and her state. (shrink)

In what follows we present group rights as portrayed in contemporary theoretical debates; compare this portrayal with some of the claims actually advanced by various indigenous groups throughout the world; and give reasons for preferring the practical to the theoretical treatments. Our findings suggest that liberal-individualist and corporatist accounts of group rights actually agree on the kind of importance that group interests have for persons and on what it is that groups who claim rights are concerned about. (...) Both liberal-individualists and corporatists locate the importance of group interests in the personal psychology of individual group members. As a result, both treat group interests (such as cultural integrity) as not only different in kind from individualized interests such as freedom of expression but as potentially in competition with them. In contrast, the real-world demands of indigenous groups place emphasis on concrete ways in which the preserving of communal life can be important to individuals’ well-being, in addition to the various spiritual and symbolic resources which such life may provide. These practical aspects of communal life make individuals’ group interests a lot like their individualized ones, and so suggest that group rights do not introduce new or distinctive theoretical questions. Instead, group rights are raise familiar questions about how individuals’ interests ought to be balanced against one another when they are in competition; what counts as an adequate institutional structure for the instantiation of a right; and who ought to be recognized as an authoritative judge of whether a right has been respected. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...) Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

In ‘Are Citizenship Tests Necessarily Illiberal?’, Michael Blake argues that difficult citizenship tests are not necessarily illiberal, so long as they test for the right things. In this paper, I argue that Blake’s attempt to square citizenship tests with liberalism fails. Blake underestimates the burdens citizenship tests impose on immigrants, ignoring in particular the egalitarian claims immigrants have on equal social membership. Moreover, Blake’s positive justification of citizenship tests – that they help justify immigrants’ coercive (...) voting power – both neglects the fact that such tests are coercively imposed on immigrants and that the citizenship test Blake envisions does little to help ensure immigrants’ votes are legitimate. Citizenship tests thus aren’t, even in principle, a way of protecting citizens from unjustified coercive power. They are, even under favourable circumstances, an illiberal way of obstructing immigrants’ quest for social equality. (shrink)

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: (...) equal individual rights, equal sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

This paper argues that by overestimating the importance of citizenship rights, the ethics of immigration turns away from the more serious problem of closed borders. Precisely, this contribution is a threefold critique of Carens’ idea that "justice requires that democratic states grant citizenship at birth to the descendants of settled immigrants" (Carens, 2013: 20). Firstly, I argue that by making 'justice' dependent on states and their attributes (birthright citizenship), this idea strengthens methodological nationalism which views humanity (...) as naturally divided into bounded nation-states. Secondly, I analyze its justification and argue that grounding (citizenship) rights on the existence of social connections is logically and morally problematic. Thirdly, I analyze its scope (granting rights to the descendants of the ‘settled’) and its method of implementation (granting citizenship rights automatically ‘at birth’). While from a less sedentarist perspective, no one can be considered ‘settled’ in advance, I will express some doubts that granting citizenship rights is always automatically a way to extend people’s rights. All in all, I argue that by its justification, scope and method of implementation, this idea moves us away from, rather than gets us closer to, an open-borders world. (shrink)

Are democratic states permitted to denationalize citizens, in particular those whom they believe pose dangers to the physical safety of others? In this article, I argue that they are not. The power to denationalize citizens—that is, to revoke citizenship—is one that many states have historically claimed for themselves, but which has largely been in disuse in the last several decades. Recent terrorist events have, however, prompted scholars and political actors to reconsider the role that denationalization can and perhaps should (...) play in democratic states, in particular with respect to its role in protecting national security and in supporting the global fight against terror more generally. In this article, my objective is to show that denationalization laws have no place in democratic states. To understand why, I propose examining the foundations of the right of citizenship, which lie, I shall argue, in the very strong interests that individuals have in security of residence. I use this formulation of the right to respond to two broad clusters of arguments: (1) those that claim that it is justifiable to denationalize citizens who threaten to undermine the safety of citizens in a democratic state or the ability of a democratic state to function as a democratic state, and (2) those that claim that it is justifiable to denationalize dual citizens because they possess citizenship status in a second country that is also able to protect their rights. (shrink)

"This book explores the relationship between performance and activism in Chile as a form of political expression and citizen participation during the period 2010-2020. Since the student mobilizations of 2006, the social movements that have taken place in Chile are characterized, in many cases, by the appropriation of public space and the political use of the body. This became particularly evident during the social outbreak of October 2019. The social upheaval was accompanied by a cultural explosion, where the arts in (...) all their dimensions played a crucial role as new strategies of collective action. The research proposes two hypotheses about this cultural revolution. Firstly, that this explosion of artistic activism had been fermenting for at least a decade (2010-2020) within the social movements, using performance and art as expressions of collective action. These artistic drivers, catalysts of this cultural revolution, have been mobilized around three fundamental axes of social demands: human rights, education, and feminism. The second hypothesis is that artistic activism in Chile between 2010-2020 emerged to exercise citizenship and strengthen the diversity of cultural identities. Chilean artistic activism today, unlike other historical moments, is a direct expression of citizen participation. It is no longer just artists who contribute to social and protest movements with their work: now, it is the citizens who use artistic expression as a practice of political participation. From an intersectional and feminist perspective, this book is an invitation to study and reflect on the aesthetic and political dimension of performance and its potential to establish justice and symbolic reparation when the State is absent. Furthermore, it incentivises a conversation about the ritual, pedagogical, and visionary dimension of art and its infinite possibilities of expressive and discursive resources. Performance art reimagines possible futures embodying the political demand, always loaded with memory, reclaiming the public space. Performance as the 'art of action' conquers the realm of non-formal education, permeating public space and shaping a Pedagogy of memory and hope." -/- . (shrink)

This paper identifies and synthetically demonstrates the most important steps and changes in the evolution of the idea and institution of citizenship in Europe over more than two thousand years. Citizenship is one of the essential categories defining human status. From a historical perspective, the idea of citizenship in Europe is in a state of constant evolution. Therefore, the essence of the institution of citizenship and its acquisition criteria are continually being transformed. Today’s comprehension of (...) class='Hi'>citizenship is different from understanding citizenship in Europe in earlier epochs of history. In some of them, the concept of citizenship existed only in the realm of ideas. In others, the idea materialised, and membership in the state (or city) and civic rights and obligations found a formal, legal expression. The formation of the idea and institution of citizenship is a long and multi-phase process. Published in "Studia Europejskie – Studies in European Affairs", Vol. 25, 1/2021, pp. 7-31. (shrink)

Citizenship is the right to be a citizen of a social, political, or national community. Aristotle was the philosopher who has been talking about citizenship since ancient times. His thoughts are still historical lessons for the operation of states today. In this article, the author focuses on analyzing basic thoughts on Aristotle's citizenship; which are shown in essential points such as (i) Citizenship is clearly shown in the role of the State, (ii) Right to education, (iii) (...) The right to participate in political affairs, (iv) Citizenship is associated with civic obligations. Thereby, the article draws its historical lesson for the current building of law-governed State in Vietnam in the following aspects: (i) Building a solid-state apparatus with a coherent and unified legal system; (ii) All the State's policies must originate from the Vietnamese practice, ensure the people's mastery and protect the people's legitimate interests; (iii) Consolidating and strengthening the relationship between the State and the people. (shrink)

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)

Since 1987, the Brazilian government has implemented a no-contact policy, which prevents contact between isolated indigenous tribes in the Amazon and members of the general public, including state officials. The government justifies this policy on the grounds that contact would expose members of isolated tribes to dangerous illnesses as well as violate their right to determine their own life processes. In this essay, I bring liberal theory to bear on the question of whether Brazil's treatment of isolated indigenous tribes is (...) justified. I argue that the current policy actually fails to treat isolated indigenous persons as free and equal. (shrink)

The issue of voting rights for older children has been high on the political and philosophical agenda for quite some time now, and not without reason. Aside from principled moral and philosophical reasons why it is an important matter, many economic, environmental, and political issues are currently being decided—sometimes through indecision—that greatly impact the future of today’s children. Past and current generations of adults have, arguably, mortgaged their children’s future, and this makes the question whether (some) children should be (...) granted the right to vote all the more pressing. Should (some) children be given the right to vote? Moreover, does the answer to this question depend on civic education, on whether children have been deliberately prepared for the exercise of that right? These are the questions that will occupy us in this article. Our answer to the first will be that older children—children roughly between 14 and 16 years of age1—ought to be given the right to vote. (shrink)

Temporary workers stand to gain from temporary migration programs, which can also benefit sender and recipient states. Some critics of temporary migration programs, however, argue that failing to extend citizenship rights or a secure pathway to permanent residency to such migrants places them in an unacceptable position of domination with respect to other members of society. We shall argue that access to permanent residency and citizenship rights should not be regarded as a condition for the moral (...) permissibility of such programs. Instead we will focus on the essential protections that must be extended to all migrant workers, irrespective of the length of their migration project. (shrink)

Recent crises in Europe and beyond have renewed a longstanding debate on the status and treatment of refugees. Hannah Arendt famously questioned the limits of universalistic human rights discourse based on the widespread phenomena of statelessness and displacement that emerged during and after World War II. In this paper, we analyze recent patterns of inclusion and exclusion of refugees in Italy through the lens of Arendtian narrative and theorizing. We consider three cases of interaction between families, schools, and other (...) public institutions in light of the shifting normative framework before and during the war in Ukraine. Two major insights emerge from this analysis. From a pedagogical point of view, the most promising educational practices with refugees are those centered on enabling their agency and corresponding experiences of "natality". From an ethical-political perspective, these practices highlight a latent tension between the universalistic scope of human rights enshrined in the human rights declarations and their structural dependence on the particular norms and procedures enacted by nation states. The understanding and teaching of human rights within our political communities is inseparable from the practices that engage with refugees. In this sense, our practices of inclusion and exclusion affect the understanding of national borders as a barrier or threshold with other political communities, but also the interpretation of our own ethical-political principles. (shrink)

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the (...) marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: -/- 1) Should we provide second-best statuses? Some couples — in particular gay and lesbian couples — have been offered permanent statuses, like civil unions, that bear legal privileges but fall short of full marriage equality. In contrast, similar differentiations within citizenship are generally resisted. The history of citizenship may presage the increasing unacceptability of differentiations within status in the gay marriage context. Meanwhile, the history of marriage equality efforts may help present-day citizenship advocates choose legal strategies. -/- 2) Should statuses be a gateway to rights? Some early gay rights advocates unsuccessfully argued that advocates should challenge the primacy of marriage, rather than seek access to the institution. Advocates attempting to expand the rights of current noncitizens face similar choices: should they seek to give current noncitizens greater access to citizenship, or challenge the reservation of important rights to citizens? -/- 3) Can status relationships be plural? Many critics of dual and multiple citizenship argued that allegiance to multiple states was immoral, unadministrable, or both. More recently, polygamous marriage has become a topic of legal and political discourse, first as a foil in anti-gay marriage arguments and later as a political possibility in its own right. I consider whether polygamous marriage advocates can profitably draw on arguments for multiple citizenship, and how multiple-citizenship advocates should responsibly respond to the analogy with polygamy. (shrink)

I defend a neo-republican account of the right to have political rights. Neo-republican freedom from domination is a sufficient condition for the extension of political rights not only for permanent residents, but also for temporary residents, unauthorized migrants, and some expatriates. I argue for the advantages of the neo-republican account over the social membership account, the affected-interest account, the stakeholder account, and accounts based on the justification of state coercion.

While this article aims to explore the connections between citizenship and ‘race’, it is the first study to use fictional tools as a sociological resource in exemplifying the deviation between citizenship in principle and practice in an Austrian context. The study involves interviews with 73 Austrians from three ethnic/racial groups, which were subjected to a directed approach to qualitative content analysis and coded based on sentences from George Orwell’s fictional book, ‘Animal Farm’. By using fiction as a conceptual (...) and analytical device, this article goes beyond the orthodox particulars of citizenship to expose the compressed entitlements of some racial/ethnic minorities. In particular, data analysis revealed two related and intertwined central themes: (a) “all animals are not equal or comrades”; and (b) “some animals are more equal than others”. All ‘animals’ may be equal in principle, whereas, in practice, their ‘race’ serves as a critical source of social (dis)advantage in the ‘animal kingdom’. Thus, since citizenship is a precondition for possessing certain rights that non-citizens are not granted, I argue that citizenship cannot only be judged by whom it, in theory, excludes (i.e., non-citizens), but also by how it treats the included (i.e., citizens) on the basis of their ‘race’. I conclude that skin colour is a specific aspect of the hierarchy of citizenship in Austria, which reinforces that ‘some animals are more equal than others’. (shrink)

The way we answer the question, .what ought I to do?. goes to show what we believe about our life and the way to live that life. However we answer the question .what ought I to do?., we are prescribing a mode of -/- action and this action has a direct bearing on other people and our society at large. So the moral question has a direct connection with what society becomes. If we answer rightly then the impact on our (...) society will be salutary but if wrongly, the impact too will be fatal. So, what we do influences society for good or bad. -/- In this book, the meaning of morality and, ethics and how these can help in personal and national development will be examined. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA and (...) elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

According to Philip Pettit, we should understand republican liberty, freedom as ‘non-domination,’ as a ‘supreme political value.’ It is its commitment to freedom as non-domination, Pettit claims, that distinguishes republicanism from various forms of liberal egalitarianism, including the political liberalism of John Rawls. I explain that Rawlsian political liberalism is committed to a form of non-domination, namely, a ‘political’ conception, which is: (a) limited in its scope to the ‘basic structure of society,’ and (b) ‘freestanding’ in nature (that is, compatible (...) with the ‘fact of reasonable pluralism’). I show that the political conception of non-domination is an integral part of political liberalism through an exploration of the kind of citizenship education that political liberalism mandates for all students. Such an education would impart to future citizen the skills and knowledge necessary for them to realize republican freedom vis-à-vis their political institutions, their workplaces, and, by means of an enforceable ‘right of exit,’ the various associations to which they might belong. (shrink)

In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and (...) discuss this challenge, I let John Rawls represent the high-liberal argument that only a narrow range of economic liberties are basic rights and John Tomasi represent the neoclassical liberal argument that the full range of economic liberties are basic rights. I show that Rawls’s argument is inadequate, but also that Tomasi’s argument fails. I thus conclude that high-liberalism is in a precarious situation, but is not yet undone by the neoclassical liberal challenge. (shrink)

In the early 1990’s, many feminist philosophers found that the practice of the women´s movement as well as those of other new social movements, could be articulated most adequately in terms of citizenship. The classical political vocabulary of citizenship seemed to offer a viable alternative to the vocabularies that until then had been dominant in feminist political theory: the individualistic, rights-oriented discourse of liberalism, and the structuralist, interest-oriented perspectives of socialism and marxism.

Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify (...) the basic rights of citizens. (shrink)

The euro crisis has hit “Europe” (the European Union, or EU) at its root. Economic harshness, social unrest and political turmoil betray a deeper problem: a weak pan-European sense of belonging — a common political identity thanks to which European citizens may regard each other as equals, and therefore as deserving of recognition, trust, and solidarity. This paper explores interculturalism from an analogical perspective, looking at the harmonious interplay between human rights and cultural plurality, as a possible source of (...) trust and solidarity among European citizens. Only a common — even if analogical — political identity, whereby European citizens regard each other, if not as “siblings” at least as “cousins,” can make the sacrifices required to overcome the crisis meaningful — and therefore less unlikely to happen. (shrink)

Within the framework of the “capability approach” to human rights, this paper argues that adults who facilitate participatory planning and design with children and youth have an ethical obliga- tion to foster young people’s capacities for active democratic citizenship. Practitioners often worry, justifiably, that if young people fail to see their ideas realized, they may become disillusioned and alienated from political life. Based on the experience of the Growing Up in Cities program of UNESCO, four rules of good (...) practice are distilled which can help promote young people’s belief in the value of collective action, regardless of the challenges that the full implementation of their ideas may face. (shrink)

The treatise on justice in Nicomachean Ethics 5 reports that the 6th C. sage Bias claimed that “ruling shows the man” (ἀρχὴ ἄνδρα δείξει [EN 5.1.1130a1–2]). How ought we understand such a claim? Prominent, in the last thirty years, are interpretations that claim that Aristotle espouses a doctrine of “political naturalism” that views the political community as “natural” (rather than a social contract, like the conventionalism found in theorists such as Hobbes, Locke, and Rousseau) in which individuals make quasi-rights (...) claims against others, including those in political power who rule over them, based on a natural teleology that governs humans. Rather than interpret Bias’ pithy remark through the anachronistic hermeneutical lens of “political naturalism” (a term that appears nowhere in Aristotle’s writings), my book examines the remark (and Aristotle’s philosophy of human things more generally) within an historic-critical hermeneutical framework that aims to understand Aristotle’s treatises within the historical context of 4th C. BCE Greece. The book includes chapters on both Nicomachean Ethics 5 and all books of the Politics. (shrink)

Current events force upon Americans not only the duties of a citizen of a nation at war but also the conceptual challenge of understanding the nature of citizenship. In Aristotle and the Rediscovery of Citizenship Susan Collins argues that contemporary liberal political theory, based on presuppositions about the priority of the individual to the state, is incapable of responding to such an intellectual challenge. At least since the publication of John Rawls’ Political Liberalism (1993), contemporary liberal political theory (...) has struggled to articulate an account of liberal citizenship which captures the obligations inherent in citizenship consistent with the individual freedom inherent in liberalism. But Collins argues that it is only through a return to Aristotle, who does not share liberal presuppositions, that we can understand the limitations of the liberal notion of citizenship adequately. To understand two crucial issues—the relationship of the right to the good and the nature of civic education—Collins claims we “must begin from Aristotle’s treatment of law and the education to moral virtue in his Nicomachean Ethics. This treatment opens the way to his direct investigation of the meaning and limits of citizenship in the Politics” (3). (shrink)

Recent analyses have critically evaluated the connection of abstract rights with territorial nation-states. This article extends those findings by analyzing the way discourses of rights (human, political, national) are interconnected. It is argued that the system of relations that rights establish between their norms and concrete sociopolitical practices allows rights to function as overall machinery, one that both produces and governs subjects. From this perspective, this article establishes that: (a) since rights depend for their legal (...) guarantee on the power of nation-states, they are a normative standard which coincides with the political power of a nation-state; (b) since rights require a certain ethic from subjects in order that their exercise of rights be legally protectable, they govern subjects through inclusion, that is, by structuring fields of action in order that a certain “proper” conduct may take place; (c) since the nation-state framework with which rights are connected operates in a postcolonial order, the functioning of rights is also connected with the discursive dynamics of postcoloniality. The empirical focus of the discussion is on Pakistan. The first section focuses on the use of human rights’ discourse in order to counter drone attacks in Pakistan’s tribal belt. The conundrums that human rights in this context generate are then filled in by acknowledging “rights” of a state (i.e. political sovereignty and territorial integrity), which is the focus of second section. The third section comments on the way national and political rights correspond to the notions of “citizenship” and “belongingness,” which in turn shapes the conduct of subjects in a contextually apt manner. (shrink)

In the coming decades humanists and trans-humanists need to wage a global campaign to radicalize the idea of human rights. We need to assert our rights to control our own bodies and brains, whether we choose to change our genders or medicate our brains. We need to assert that the measure of a society’s fairness is how universally available we make the prerequisites for achieving our fullest potential. We need to defend the right to enhance ourselves - whether (...) through education and exercise or genetic engineering and cybernetic implants. We need to extend these “human rights” and citizenship not only to all humans, regardless of nationality, but to all persons, ape, human, posthuman or machine. We need to build the global institutions that can protect the rights of persons, and expand the freedoms they enjoy. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, (...) I look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

Domesticated animals need to be treated as fellow citizens: only if we conceive of domesticated animals as full members of our political communities can we do justice to their moral standing—or so Sue Donaldson and Will Kymlicka argue in their widely discussed book Zoopolis. In this contribution, we pursue two objectives. Firstly, we reject Donaldson and Kymlicka’s appeal for animal citizenship. We do so by submitting that instead of paying due heed to their moral status, regarding animals as citizens (...) misinterprets their moral qualities and thus risks treating them unjustly. Secondly, we suggest that Donaldson and Kymlicka’s reinforced focus on membership should draw our attention to the moral standing of a further ‘species’, namely robots. Developments within artificial intelligence have advanced rapidly in recent years. With robots’ gaining ever greater capacities and abilities, we need to ask urgent questions about the moral ramifications of these technical advances. (shrink)

As with terms such as “human rights”, “democracy”, and “equality”, the notion of “freedom” has an emblematic character with highly normative overtones. After the declaration of universal human rights, one might argue that freedom is – at least formally – a universal entitlement belonging to every human being. However, this universalist structure is built upon a conflictual foundation, as the juridico-political meaning of freedom is determined by the boundaries of national citizenship, statehood, and territorial sovereignty. This chapter (...) examines refugeehood as a normal by-product of the post-colonial world order, embodying the counter-history of nation-states whose internal borders, walls, and external fortifications are growingly being militarised and reinforced. Refugeehood represents an anomalous juridico-political condition that cannot be elucidated by colonial-racial binaries such as inclusion versus exclusion or rightlessness versus national citizenship. The central idea of this chapter is that, for refugees, the meaning of freedom and unfreedom are intertwined and should be approached as a dynamic relationship characterising the state of (non)-subjectivity. As political (non)-subjects, refugees call structural determinations of unfreedom into question. Refugees’ freedom is expressed in the act of flight and border crossing, irregular migratory movement, language games of resistance, and other emancipatory signifying practices by which they claim a place of refuge in the world. (shrink)

Citizens are politically autonomous insofar as they are subject to laws that are (a) justified by reasons acceptable to them and (b) authorized by them via their political institutions. An obstacle to the equal realization of political autonomy is the plurality of religious, moral, and philosophical views endorsed by citizens. Decisions regarding certain fundamental political issues (e.g., abortion) can involve citizens imposing political positions justified in terms of their respective worldviews upon others. Despite citizens’ disagreements over which worldview is correct, (...) ‘political liberalism’ claims that there is a form of political autonomy that is realizable within pluralist societies. (Political liberalism differs from ‘comprehensive liberalism’ by, inter alia, being ‘freestanding’ vis-à-vis citizens’ different worldviews.) Citizens can be politically autonomous if they enjoy equal political power and justify its exercise with ‘public reasons.’ A political liberal education would aim at ensuring that all students can become politically autonomous citizens by teaching them how to exercise their democratic rights effectively and how to engage in public reasoning. Some political and educational theorists, however, argue that teaching students how to be politically autonomous amounts to teaching them how to be ‘comprehensively’ autonomous. If this is so, then the distinction between political liberalism and comprehensive liberalism collapses, at least with respect to education. This chapter outlines the main elements of political liberalism, summarizes the main requirements of a political liberal citizenship education, and surveys three arguments in support of and against the thesis that a political liberal education amounts to an education for comprehensive autonomy. (shrink)

Krzysztof Trzcinski, 'Citizenship in Europe: The History of the Idea and Institution' - this is an interdisciplinary book as the concept of citizenship is one of the key terms of the social sciences and raises questions of a legal, political, historical, philosophical, and sociological nature. The main subjects of this work are the origins and evolution of the idea and institution of citizenship in Western Europe. Doctrinal and institutional models of citizenship presented in this monograph are (...) of different historical origins (beginning with ancient times and ending with the 20th century). This work shows that in different historical periods, the concept of citizenship underwent shifts in semantic substance and that the idea of citizenship is in permanent flux. Hence, the essence of citizenship is continually being enriched with new elements (or, at times, impoverished by the loss of other elements). According to specific conditions of a socio-political, economic, and cultural nature, the concept of citizenship has been redefined in the historical perspective. At various historical periods, the term 'citizen' referred to a broader or narrower spectrum of society. Criteria for membership in the body of citizens also evolved. Over the centuries, many models of citizenship emerged in Europe. Some of them were institutional in form. In contrast, others were the fruit of philosophers' social and political thinking at different times. The basic models emerged in ancient Athens and Rome. Later models of citizenship usually took over many traits, particular to initial models (such as the right to life). However, at the same time, they usually eliminated some of their elements (such as the enslavement of certain members of society) while simultaneously creating and adding new ones (such as electoral rights for women). In this manner, new models emerged, which were an offshoot of classical models. These models contributed to the formation of the contemporary institution of citizenship, which brings together different elements of various historical models. This book contributes to research into the evolution of the state (including research into the formation of the nation-state in Europe), as the institution of citizenship is inherently and functionally tied to the state. This work also contributes to research into the evolution of supranational European Union citizenship. The institutional development of the idea of EU citizenship could - along with the unavoidable transformation of all community structures or even the very idea of integration itself - lead to a fundamental change in the contemporary concept of state citizenship. This work could also prove helpful in research into the phenomenon of immigration in Europe, especially into the interdependence between obtaining the citizenship of the host state and the effective integration of immigrants. (shrink)

In recent years, the growing number of persons to whom basic human rights have been explicitly denied—stateless persons, refugees, undocumented workers, sans papiers and unlawful combatants—has evidenced the logic of contemporary nation-state politics. According to this logic, the state defines itself by virtue of what it excludes while what is excluded is given no other recourse than the state for its protection. Hannah Arendt elucidates this logic when she observes that the stateless and the refugee can only be recognized (...) as human beings when they have already been recognized as citizens. Their appeal to human rights for protection was fruitless because they needed to have citizen rights, the recognition of a government, or of other citizens who can appeal to that government, in order to invoke these rights. In the terms Arendt uses to name political action, one needs to be seen and heard already, the privileges of those who are citizens, in order to appeal to be seen and heard. Just as political life (bios), in order to be free, was only possible once the necessities were accounted for in natural life (zoē), so citizenship is recognized to the exclusion of the non-citizen, that is, the merely human. -/- . (shrink)

»Civil society« with its main elements of »social democratic citizenship« and subsidiarity is an analytical approach to the present situation of democracys and offers an perspective to surrender the democratic deficit and the crisis of the welfare state in the Member states of the European Union. The concept of »Civil society« bases on an active citizenship and give intermediary civil actors, especially the charitable social welfare associations and democratic movements, the chance to reflect on their position to the (...) govemment on the one side and to the citizen on the other side in order to take account of the citizen' s civil, political and social rights. (shrink)

Europe has never had a single definition for the term ‘citizen.’ Indeed, over the centuries the significance of this term has undergone far-reaching evolution. In different historical periods, different states, and different European languages, this term has had diverse meanings and has been used in varying contexts. The concept of ‘citizen’ has repeatedly been defined anew depending upon specific political, social, and economic conditions. At various periods, the term ‘citizen’ has related to a wider or narrower portion of a given (...) state’s society. The criteria by which an individual was said to form a part of the body of citizens have also differed. The changes which have taken place in the definition of a ‘citizen’ over the centuries are enormous. This is not to say, however, that there has been no common core to the concept of citizen as it has taken shape over the course of hundreds of years. As far back as ancient times, a member of the state could influence the shaping of that state’s authorities and could participate in government. It is the Aristotelian concept of the citizen – a concept that has influenced all historical models of citizenship since – which is at the root of the citizen understood as a political animal (politikon zoon). In addition, personal freedom has always been a sine qua non for possessing citizen status. Thus, a citizen has always been, and remains, the opposite of a slave. It has also come to be accepted that citizenship implies the primacy of an individual’s rights in a state over an individual’s obligations to that state. The polar opposite of this situation in the historical dimension is subjection to the monarch in an absolute monarchy. Thus the ‘citizen’ also stands in opposition to the ‘subject.’ When speaking of the historical models containing the said ‘citizenship traits’ of a person’s status in the state, we usually refer to the model of the citizen in ancient times, in medieval municipal citizenship, and in modern times, in the fully−formed nation-state. It is difficult to imagine a citizen in an absolute monarchy, and in a world of subjection. Still, it is possible to give rein to one’s imagination and perceive citizens in such a setting; one could even go a step further and call the subject of an absolute monarch a citizen. But is imagination truly necessary in order to conduct such a seemingly obvious reversal of perspective? Published as a chapter in Krzysztof Trzciński (ed.), The State and Development in Africa and Other Regions, Warsaw University & ASPRA, Warsaw 2007, pp. 319-332. (shrink)

Collective self-determination is considered to be an important political value. Many liberal political philosophers appeal to it to defend the right of states to exclude would-be newcomers. In this paper, I challenge the value of collective self-determination in the case of countries like the US, former colonial powers with a history of white supremacist immigration and citizenship policies. I argue for my claim by way of an analogy: There is no value to white neighborhoods in the US, which are (...) the result of racist attitudes and state policies, determining autonomously who should become a neighbor. In light of this commitment, defenders of the US's right to exclude would need to explain why it should be of moral value that a community whose character and composition has been shaped by white supremacy be able to determine its membership on its own terms. (shrink)

Obywatelstwo należy do najistotniejszych kategorii określających pozycję człowieka w państwie. W niektórych okresach dziejów pojęcie obywatelstwa istniało jedynie w sferze idei, w innych idea uległa urzeczywistnieniu, a członkostwo w państwie (lub mieście) oraz status obywatelski znalazły formalny wyraz na niwie prawnoustrojowej. Kształtowanie się obywatelstwa stanowi proces długi i wielofazowy. Obywatelstwo w Europie pozostaje bowiem już od starożytności w stanie permanentnego rozwoju i wciąż wzbogacane jest o nowe treści (lub też czasem zubożane o pewne elementy); tym niemniej jego rdzeń, nakreślony w (...) pierwowzorach antycznych, pozostaje w dużej mierze tożsamy. Sens obywatelstwa, czy też jego ładunek znaczeniowy ulega redefinicji w perspektywie historycznej w zależności od specyficznych warunków natury społeczno-politycznej. Na poszczególnych etapach ewolucji obywatelstwo obejmuje swym zasięgiem węższą lub szerszą część społeczeństw państwowych. (shrink)

"Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to" "government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of their conscience, soldiers are denied (...) the foundational right of democratic citizenship and construed as utensils of the State. This article critiques the idea of moral agency in Australian legislation and military doctrine and is concerned with the obligation of the State to safeguard the moral integrity of individual soldiers, so soldiers might serve with a fully formed moral assurance to advance justice in the world. Beyond its explicit focus on the convention of Australian thought, this article raises questions of far-reaching relevance. The provisos of Australian legislation and doctrine are an analogue of western thinking. Thus, this discussion challenges many assumptions concerning military duty and effectiveness. Discussion will additionally provoke some reassessment of the expectations democratic societies" "hold of their soldiers.". (shrink)

In Considerations on Representative Government, John Stuart Mill concedes that secrecy in voting is often justified but, nonetheless, maintains that it should be the exception rather than the rule. This paper critically examines Mill’s arguments. It shows that Mill’s idea of voting depends on a sharp public/private distinction which is difficult to square with democratic ideas about the different powers and responsibilities of voters and their representatives, or with legitimate differences of belief and interest amongst voters themselves. Hence, it concludes, (...) we should reject the assumption, which many of us share with Mill, that the secret ballot is justified only on prudential grounds and recognise how central privacy is to any democratic conception of citizenship and politics. (shrink)

In an era defined by events that continuously shake Fukuyama’s thesis according to which liberal democracy constitutes the end of History, there is need for a democratic ideal that puts the role of civic action at the heart of its justification. In this article, I argue that John Dewey’s democratic ideal understood as a matter of civic co-creation, where democratic pursuits are continually redefined by citizens through solving communal problems - not set by history, once and for all - provides (...) a valuable response to this need. To this end, this article reconsiders Deweyan democracy by:(1) presenting it as a transformational process, in opposition to liberal democracy; (2) discussing Dewey’s conception of active citizenship as requiring more than mere political participation; (3) articulating Dewey’s democratic ideal as a form of applied social intelligence; (4) making explicit the pedagogical consequences of Deweyan democracy; and (5) interpreting it as a form of peaceful conflict resolution aiming at balance in inter-personal relationships. (shrink)

To the degree that we succeed in our campaign for personhood over human-racism we will fulfill the dreams of our humanist forebears.

The article introduces a special issue on “Rethinking Liberal Multiculturalism: Foundations, Practices and Methodologies.” The contributions presented in this special issue were discussed during the conference « Multicultural Citizenship 25 Years Later », held in Paris in November 2021. Their aim is to take stock of the legacy of Kymlicka’s contribution and to highlight new developments in theories of liberal multiculturalism and minority rights. The contributions do not purport to challenge the legitimacy of theories of multiculturalism and minority (...) rights, they rather aim at deepening our understanding of the foundations of liberal multiculturalism and of its practical implementation, sensitive to social scientific dynamics of diverse societies. Without abandoning the general idea that cultural minorities should be granted special minority rights, the essays presented raise new questions about three dimensions central to liberal multiculturalism: its normative foundations, its practical categories of minorities or groups, and its fact-sensitive methodology. Taken together they shed light on the renewed variety of theories of liberal multiculturalism highlighting their complexity and internal disagreements. To introduce these articles, the article first draws a brief historical overview of the debates on multiculturalism since the 1990s (section 1). It then highlights the distinctive aspects of Kymlicka’s contribution (section 2) and identifies recent research trends (section 3). Doing so, it explains how the articles gathered here both expand on those distinctive aspects and explore those new research avenues. The section 4 summarizes the contributions. (shrink)

Many philosophers accept the idea that there are duties to promote or create just institutions. But are the addressees of such duties supposed to be individuals – the members of the citizenry? What does it mean for an individual to promote or create just institutions? According to the ‘Simple View’, the citizenry has a collective duty to create or promote just institutions, and each individual citizen has an individual duty to do their part in this collective project. The simple view (...) appears to work well with regard to – you guessed it – ‘simple’ scenarios but it is riddled with further questions and problems. In this chapter, we raise five problems for the Simple View: (a) We suggest that one cannot develop a view concerning the citizenry’s duty to promote just institutions in isolation from a conception of the ontological relationship between the state and its citizens; (b) We argue that it is not obvious that the citizenry is the right entity to be attributed duties in the first place; (c) We show that a plausible account of collective duties to promote just institutions must not remain silent on the complexities and difficulties amorphous, unorganized group face in vis-à-vis collective action; (d) We contend that without allocation principles for contributory duties amongst the citizenry, or – alternatively – a method for practical deliberation that is action-guiding in collective action contexts, the claim that the citizens have a collective duty to promote just institutions remains moot; and, finally, (e) We demonstrate that the problem of reasonable disagreement is a serious threat to a collective duty to promote or create just institutions – it potentially undermines such a duty altogether and allows for conflicting contributory duties amongst the citizenry. We hope that our discussion will ultimately help improve existing theories and conceptual frameworks with a view to better understanding citizens’ obligations to promote justice under non-ideal conditions. (shrink)

Kant is regarded as the spokesman of the contemporary declaration of human rights and the forerunner of global citizenship theory. However, this noble image has been questioned by critics for his comment of empirical racial hierarchy stated in the pre-critical period: Kant’s moral law applies only to the white race with the “full personality”. Around the question of whether Kant’s pure moral philosophy was impregnated by his racist view, the defenders of Kant either adopt the negative defense strategy (...) of affirming the transcendental moral philosophy and negating the racial thought, or try to justify the consistency of Kant’s theory from the perspective of his later philosophy of right. The deficiency of these two justifications is that they do not directly deal with the relationship between moral philosophy and race theory. When Kant developed a mature moral theory in the mid-1780s, he also constructed a systemically mature race theory under the guidance of teleology principles to defend the unity of mankind in a different world. This theory can be used as the explanatory basis to prove the universality of Kant’s moral philosophy, which reflects the deep correlation between moral philosophy and race theory. From this perspective, it can not only make up for the lack of defenders and respond to the critics’ doubts, but also portray a consistent egalitarian image of Kant. (shrink)