Law

This article is another theoretical account of immigration among the many philosophical contributions that have appeared over the last twenty years.1 Most of them have already adequately exhausted the major arguments involved in the ethics of migration. More importantly, political ...

This article explores the structure of the legal protection of refugees in Europe today. To this end, it will contrast historical arrangements providing protection to refugees, namely church asylum in the late Middle Ages and refuge for religious minorities, with the current European refugee regime, that is the Common European Asylum System (CEAS), in particular the Dublin system. The central claim of this article is that a basic condition for the legal protection of refugees is the existence of multiple jurisdictions, which in turn caters for competition for jurisdiction. The official logic of the CEAS, however, endorses harmonization, unity and the hierarchy of jurisdictions rather than a competition between jurisdictions. This partially explains the difficulties under the CEAS in organizing the protection of refugees through law. In policy terms, this article supports calls for reconsidering the Dublin Regulation, since through the ‘single jurisdiction’ approach Dublin hampers th...

This doctoral study examined the literacy practices of two rural adolescents as they crossed between the social contexts of their rural community, Winnona Hill, and higher education. Data collected primarily through semi-structured e-mail interviews over a 4-year period indicated that both informants used multiple literacies and a range of language practices to become "literate enough" to gain access to college as well as to cross into life roles, careers, and possibilities beyond the rural community. Both informants' language practices shaped and were shaped by "ways of being" and dominant social constructions of social class, masculinity, femininity, Whiteness, and work. During the research period, Chris and Crystal used these language practices to negotiate the social, cultural, political, and intellectual worlds in and between their rural community and college. In sum, both informants learned to pose in order to "fit" into oppressive social structures in Winnona Hill. And yet these language and discourse practices did not necessarily support their "crossing" to higher education. In some instances, the coping mechanisms that they developed at home were counterproductive to their success in college. Implications for practice are that educators must offer rural adolescents access to "narratives of crossing"; model a range of language practices for and with rural adolescents; and engage in serious conversations about a continuum of

Scholars have recently shown how in Europe regimes in democratic decay (e.g. Poland, Hungary) take all sorts of measures targeting and marginalizing political opponents. Although they are authoritarian by nature, the measures are cast in a legal form. According to some scholars this kind of authoritarian rule of law can be best understood as a dual state, namely a combination of the normative state (the rule of law) and the prerogative state (the pure—political or arbitrary—will of those in power). Building on these insights, the present paper makes two new observations. First, administrative law is distinctively well suited to cater for the creation of a dual state. By distinctively I mean better than civil and criminal law. In fact, I argue that administrative law constitutes a dual state in and of itself combining normative and prerogative state elements within a single area of law, in ways that cannot be done under civil and criminal law. Second, not only regimes in democratic d...

For an overview of the literature see Tom Daly, 'Democratic Decay: Conceptualising an Emerging Research Field' (2019) 11 Hague Journal on the Rule of Law 9. 7 Poland 2; Hungary 2, 3. 8 Katharina Natter, 'Autocratic immigration policymaking: The illiberal paradox hypothesis', (IMIn Working Papers; No. 147), (MADE project paper No. 4) (2018) International Migration Institute Network, available at www.migrationinstitute.org/publications/autocraticimmigration-policymaking-the-illiberal-paradox-hypothesis.

This article presents a state-of-the-art description of political theory and analyses the role of political theory within the discipline of political science. It starts by describing two dominant approaches within the sub-discipline: conceptual political theory and normative political theory. Secondly it situates political theory as separated from political science in general and from actual political debates. Thirdly it analyses the role of methodology in normative political theory.

Twee onderwerpen domineren op dit moment het Anglo-Amerikaanse politiek-filosofische debat: het multiculturele karakter van westerse samenlevingen en de sociaal-economische ongelijkheid binnen die samenlevingen. Het eerste onderwerp wordt voornamelijk bediscussieerd binnen het multiculturalisme dat sinds 1995 sterk in de belangstelling staat; het tweede binnen het liberaal-egalitarisme, een stroming die al sinds de publicatie van A Theory of Justice (1971) van John Rawls een dominante rol vervult.

In his recent book, National responsibility and global justice, David Miller conceptualizes and justifies a model of national responsibility. His conceptualization proceeds in two steps: he starts by developing two models of collective responsibility, the like‐minded group model and the cooperative practice model. He then proceeds to discuss national responsibility, a species of collective responsibility, and argues that nations have features such that the two models of collective responsibility also apply to them.

Abstract The aim of this article is to present a conceptualization of cultural groups and cultural difference that provides a middle course between the Scylla of essentialism and the Charybdis of reductionism. The method I employ is the social mechanism approach. I argue that cultural groups and cultural difference should be understood as the result of cognitive and social processes of categorization. I describe two such processes in particular: categorization by others and selfcategorization.

The central topic of Prof. Glenn's paper is the separation thesis:'the idea that true separation, of concepts, things, people or peoples, is possible and even necessary.'1 In the first part of the paper, Prof. Glenn provides a comprehensive description of the separation thesis and an overview of the dominance of its intrinsic opposition between either/or categories in Western intellectual and legal history.

Child labor is a topic that evokes deep emotions and a growing international concern. Most recent ILO estimates show that some 211 million children between 5 and 14 are engaged in some form of economic activity, and 119 million of them are engaged in haz ardous work. The poverty implications of child labor are often transmitted from parents to children, a process that is called the dynastic poverty trap.

This book deals with the strained relationship between cosmopolitanism as a moral standard and the real existing institutions in which cosmopolitan ideals are to be implemented. Cosmopolitanism is an age-old normative ideal which contends that all kosmopolitês, all citizens of the world, share a membership in one single community, the cosmopolis, which is governed by a universal and egalitarian law.

The aim of this article is to present a conceptualization of cultural groups and cultural difference that provides a middle course between the Scylla of essentialism and the Charybdis of reductionism. The method I employ is the social mechanism approach. I argue that cultural groups and cultural difference should be understood as the result of cognitive and social processes of categorization. I describe two such processes in particular: categorization by others and selfcategorization. Categorization by others is caused by processes of ascription: the attribution by outsiders of certain characteristics, beliefs, and practices to individuals who share a specific attribute. Self-categorization is caused by processes of inscription and community-building: the adoption of certain beliefs and practices as a result of socialization and enculturation. I therefore shift the focus from groups to categories, and from categories to processes of categorization. I show that this analytical distinction between categorization by others and self-categorization can clarify an ambiguity in dominant debates in contemporary multiculturalism. I conclude by indicating how injustices, commonly associated with multiculturalism, can better be understood as socially generated injustices, and how government should deal with these injustices.