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  1. The Conflictual Theory of Law.Julius M. Rogenhofer - 2020 - Contemporary Pragmatism 17 (2-3):170-192.
    This article introduces the conflictual theory of law as a new way of understanding laws as struggles over meaning, in which actors create and circulate social knowledge to justify their interpretation of rights. The theory addresses law-production processes and underlying knowledge/power constructs, for example, in legislative deliberations and interactions between politicians and the media. It shares pragmatist commitments to a highly participative version of democracy, attained through the active involvement of all members of society in democratic processes and rejects claims (...)
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  • The Right to Have Rights as a Right to Enter: Addressing a Lacuna in the International Refugee Protection Regime.Asher Lazarus Hirsch & Nathan Bell - 2017 - Human Rights Review 18 (4):417-437.
    This paper draws upon Hannah Arendt's idea of the 'right to have rights' to critique the current protection gap faced by refugees today. While refugees are protected from refoulement once they make it to the jurisdiction or territory of a state, they face an ever-increasing array of non-entrée policies designed to stymie access to state territory. Without being able to enter a state capable of securing their claims to safety and dignity, refugees cannot achieve the rights which ought to be (...)
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  • Asylum for Sale: A Market between States that is Feasible and Desirable.Johannes Himmelreich - 2019 - Journal of Applied Philosophy 36 (2):217-232.
    The asylum system faces problems on two fronts. States undermine it with populist politics, and migrants use it to satisfy their migration preferences. To address these problems, asylum services should be commodified. States should be able to pay other states to provide determination and protection-elsewhere. In this article, I aim to identify a way of implementing this idea that is both feasible and desirable. First, I sketch a policy proposal for a commodification of asylum services. Then, I argue that this (...)
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  • The Stranger’s Case : Refugees and Moral Rights.Karin Jardstam - unknown
    Using the events in Sweden in the autumn of 2015 as a practical example, this paper examines the question of whether there are circumstances when it is morally permissible for rich, democratic states to close their borders to asylum-seekers. To lay a common ground, the author starts by looking at the right of asylum-seekers, who a refugee is, and what obligations a host country have towards them. Thus, after looking at general human rights, and how they apply to the right (...)
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