Graduate studies at Western
Politics, Philosophy and Economics 11 (3):235-257 (2012)
|Abstract||Hannah Arendt argued that refugees pose a major problem for liberalism. Most liberal theorists endorse the idea of human rights. At the same time, liberalism takes the existence of sovereign states for granted. When large numbers of people petition a liberal state for asylum, Arendt argued, these two commitments will come into conflict. An unwavering respect for human rights would mean that no refugee is ever turned away. Being sovereign, however, allows states to control their borders. States supposedly committed to human rights will thus often violate the rights of refugees by denying them entry. I attempt to defend liberalism from Arendt’s criticism by outlining a rights-based model of asylum that is enforceable by sovereign states. This approach avoids the question of what border-enforcement measures, if any, are defensible at the level of ideal justice, and instead seeks to outline a framework of refugee rights that can be realized in a world in which migration controls are a fact of life. Central to my argument is a distinction between the place where a person is recognized as a rights-bearing agent and the potentially different place where he or she exercises those rights|
|Keywords||refugees asylum Arendt sovereignty migration|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Stefan Heuser (2008). Is There a Right to Have Rights? The Case of the Right of Asylum. Ethical Theory and Moral Practice 11 (1):3 - 13.
John Edwards (2001). Asylum Seekers and Human Rights. Res Publica 7 (2):159-182.
Kristin Janssens, Marleen Bosmans, Els Leye & Marleen Temmerman (2006). Sexual and Reproductive Health of Asylum-Seeking and Refugee Women in Europe: Entitlements and Access to Health Services. Journal of Global Ethics 2 (2):183 – 196.
Jaakko Kuosmanen (2013). What (If Anything) Is Wrong with Trading Refugee Quotas? Res Publica 19 (2):103-119.
Matthew J. Lister (2008). Gang-Related Asylum Claims: An Overview and Prescription. University of Memphis Law Review 38 (4).
Serena Parekh (2008). Hannah Arendt and the Challenge of Modernity: A Phenomenology of Human Rights. Routledge.
Cara Nine (2010). Ecological Refugees, States Borders, and the Lockean Proviso. Journal of Applied Philosophy 27 (4):359-375.
Matthew Lister (2013). Who Are Refugees? Law and Philosophy 32 (5):645-671.
Arash Abizadeh (2010). Closed Borders, Human Rights, and Democratic Legitimation. In David Hollenbach (ed.), Driven From Home: Human Rights and the New Realities of Forced Migration. Georgetown University Press.
Omar N. Chaudhary, The Path to Protection: The Rationale for Refugee Law in Pakistan and the Appropriate Direction of Reform.
Serena Parekh (2012). Does Ordinary Injustice Make Extraordinary Injustice Possible? Gender, Structural Injustice, and the Ethics of Refugee Determination. Journal of Global Ethics 8 (2-3):269-281.
Deborah Zion, Linda Briskman & Bebe Loff (2012). Psychiatric Ethics and a Politics of Compassion. Journal of Bioethical Inquiry 9 (1):67-75.
Saladin Meckled-Garcia (2004). International Justice, Human Rights and Neutrality. Res Publica 10 (2).
Added to index2011-09-23
Total downloads45 ( #29,220 of 757,546 )
Recent downloads (6 months)2 ( #38,592 of 757,546 )
How can I increase my downloads?