Search results for 'stateless' (try it on Scholar)

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  1.  22
    Heather Alexander & Jonathan Simon (2014). 'Unable to Return' in the 1951 Refugee Convention: Stateless Refugees and Climate Change. Florida Journal of International Law 26 (3):531-574.
    Argues that it is not only a point of literal construction, but also inherent in the object and purpose of the 1951 Refugee Convention, that displaced stateless persons unable to return to their countries of former habitual residence may be eligible for refugee status even if unpersecuted. 'Unable to return' as it occurs in the clause following the semi-colon of 1(A)2 of the 1951 Refugee Convention must be understood as a term of art subject to appropriate canons of construction (...)
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  2.  61
    Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes (...)
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  3.  29
    Serena Parekh (2014). Beyond the Ethics of Admission Stateless People, Refugee Camps and Moral Obligations. Philosophy and Social Criticism 40 (7):645-663.
    This article examines our moral obligations to refugees and stateless people. I argue that in order to understand our moral obligations to stateless people, both de jure refugees and de facto stateless people, we ought to reconceptualize the harm of statelessness as entailing both a legal/political harm (the loss of citizenship) and an ontological harm, a deprivation of certain fundamental human qualities. To do this, I draw on the work of Hannah Arendt and show that the ontological (...)
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  4.  3
    Stephan Kinsella (2013). Law and Intellectual Property in a Stateless Society. Libertarian Papers 5.
    An ethic of self-ownership combined with Lockean homesteading of external resources provides a plausible grounding both for anarchist opposition to the state and for an attractive anarchist legal order. Such an ethic can be understood as specifying that each person prima facie has the right to control his or her own body; and that Lockean homesteading, under which the owner of any scarce resource is its first user , should provide the basis for property rights in such previously unowned goods. (...)
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  5. Serena Parekh (2016). Refugees, Stateless People, and Other Moral Issues: Between Human and Citizen. Routledge.
    This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will (...)
     
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  6. Michael Keating (2004). Plurinational Democracy: Stateless Nations in a Post-Sovereignty Era. OUP Oxford.
    This leading scholar draws on extensive research from four plurinational states - the United Kingdom, Spain, Belgium, and Canada - to provide a radical rethink of the very nature of sovereignty and the state. This innovative account demonstrates how transnational integration and other demands on the nation-state have broken the automatic link between state and nation, and goes on to provide a major new analysis of the subsequent challenges of recognition of nationality and democracy.
     
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  7.  3
    Gary Chartier (2013). Anarchy and Legal Order: Law and Politics for a Stateless Society. Cambridge University Press.
    Laying foundations -- Rejecting aggression -- Safeguarding cooperation -- Enforcing law -- Rectifying injury -- Liberating society -- Situating liberation.
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  8.  4
    Bridget Pratt, Deborah Zion, Khin M. Lwin, Phaik Y. Cheah, Francois Nosten & Bebe Loff (2014). Linking International Clinical Research with Stateless Populations to Justice in Global Health. BMC Medical Ethics 15 (1):49.
    In response to calls to expand the scope of research ethics to address justice in global health, recent scholarship has sought to clarify how external research actors from high-income countries might discharge their obligation to reduce health disparities between and within countries. An ethical framework—‘research for health justice’—was derived from a theory of justice (the health capability paradigm) and specifies how international clinical research might contribute to improved health and research capacity in host communities. This paper examines whether and how (...)
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  9.  3
    Paul McLaughlin (2016). Anarchy and Legal Order: Law and Politics for a Stateless Society_, _written by Gary Chartier. Journal of Moral Philosophy 13 (3):389-392.
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  10. Karl T. Fielding (1978). Stateless Society: Frech on Rothbard. Journal of Libertarian Studies 2 (2):179-81.
  11.  18
    Anna Moltchanova (2005). Stateless National Groups, International Justice and Asymmetrical Warfare. Journal of Political Philosophy 13 (2):194–215.
  12.  17
    Moshe Berent (2000). Anthropology and the Classics: War, Violence, and the Stateless Polis1. Classical Quarterly 50 (01):257-.
    I. INTRODUCTION It has become a commonplace in contemporary historiography to note the frequency of war in ancient Greece. Yvon Garlan says that, during the century and a half from the Persian wars to the battle of Chaeronea , Athens was at war, on average, more than two years out of every three, and never enjoyed a period of peace for as long as ten consecutive years. ‘Given these conditions’, says Garlan, ‘one would expect them to consider war as a (...)
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  13.  2
    P. T. Leeson (2014). Anarchy and Legal Order: Law and Politics for a Stateless Society. Common Knowledge 20 (3):505-505.
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  14.  2
    Alexander Somek (2006). Stateless Law: Kelsen's Conception and its Limits. Oxford Journal of Legal Studies 26 (4):753-774.
    Hans Kelsen’s claim that the state and the law are identical is surrounded by a somewhat mystical air. Yet, the ‘identity thesis’ loses much of its mystical aura when it is seen as an attempt to recast the state, qua social fact, in deontological terms. The state is seen as a condition necessary to account for the validity of legal acts. Indeed, the meaning of the state is reduced to the function performed by a conception of order in the reproduction (...)
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  15. Somek Alexander (2006). Stateless Law: Kelsens Conception and its Limits. Oxford Journal of Legal Studies 26 (4).
     
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  16. E. E. Evans-Pritchard (2000). The Structure of Stateless Society. In Raymond Boudon & Mohamed Cherkaoui (eds.), Central Currents in Social Theory. Sage Publications 6--5.
     
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  17.  22
    Leonid Grinin (2004). Early State and Democracy. In Leonid Grinin, Robert Carneiro, Dmitri Bondarenko, Nikolay Kradin & Andrey Korotayev (eds.), The Early State, Its Alternatives and Analogues. ‘Uchitel’ Publishing House 419--463.
    The present article is devoted to the problem which is debated actively to-day, namely whether Greek poleis and the Roman Republic were early states or they represented a specific type of stateless societies. In particular, Moshe Berent examines this problem by the example of Athens in his contribution to this volume. He arrives at the conclusion that Athens was a stateless society. However, I am of the opinion that this conclusion is wrong: and I believe that Athens and (...)
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  18.  99
    Leonid Grinin (2009). The Pathways of Politogenesis and Models of the Early State Formation. Social Evolution and History 8 (1):92-132.
    This article considers concrete manifestations of the politogenesis multilinearity and the variation of its forms; it analyzes the main causes that determined the politogenetic pathway of a given society. The respective factors include the polity's size, its ecological and social environment. The politogenesis should be never reduced to the only one evolutionary pathway leading to the statehood. The early state formation was only one of many versions of development of complex late archaic social systems. The author designates various complex non-state (...)
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  19.  10
    Andrew Schaap (2011). Enacting the Right to Have Rights: Jacques Rancière's Critique of Hannah Arendt. European Journal of Political Theory 10 (1):22-45.
    In her influential discussion of the plight of stateless people, Hannah Arendt invokes the ‘right to have rights’ as the one true human right. In doing so she establishes an aporia. If statelessness corresponds not only to a situation of rightlessness but also to a life deprived of public appearance, how could those excluded from politics possibly claim the right to have rights? In this article I examine Jacques Rancière’s response to Arendt’s aporetic account of human rights, situating this (...)
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  20.  13
    Damiano Canale & Giovanni Tuzet (2008). On the Contrary: Inferential Analysis and Ontological Assumptions of the A Contrario Argument. Informal Logic 28 (1):31-43.
    We remark that the A Contrario Argument is an ambiguous technique of justification of judicial decisions. We distinguish two uses and versions of it, strong and weak, taking as example the normative sentence “Underprivileged citizens are permitted to apply for State benefit”. According to the strong version, only underprivileged citizens are permitted to apply for State benefit, so stateless persons are not. According to the weak, the law does not regulate the position of underprivileged stateless persons in this (...)
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  21. Alice MacLachlan, An Ethic of Plurality: Reconciling Politics and Morality in Hannah Arendt. History and Judgment: IWM JVF Conference Vol. 21.
    My concern in this paper is how to reconcile a central tension in Hannah Arendt’s thinking, one that – if left unresolved – may make us reluctant to endorse her political theory. Arendt was profoundly and painfully aware of the horrors of political evil; in fact, she is almost unparalleled in 20 th century thought in her concern for the consequences of mass political violence, the victims of political atrocities, and the most vulnerable in political society – the stateless, (...)
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  22.  12
    Robyn Eckersley (2015). The Common but Differentiated Responsibilities of States to Assist and Receive ‘Climate Refugees’. European Journal of Political Theory 14 (4):481-500.
    This paper examines the responsibilities of states to assist and to receive stateless people who are forced to leave their state territory due to rising seas and other unavoidable climate change impacts and the rights of ‘climate refugees’ to choose their host state. The paper employs a praxeological method of non-ideal theorising, which entails identifying and negotiating the unavoidable tensions and trade-offs associated with different framings of state responsibility in order to find a path forward that maximises the protection (...)
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  23.  18
    Marieke Borren (2008). Towards an Arendtian Politics of In/Visibility. Ethical Perspectives 15 (2):213-237.
    This article first aims to reconstruct an Arendtian ‘politics of in/visibility.’ Section one interprets Arendt’s reflections on stateless aliens in inter-war Europe, and the next section provides a conceptual background by situating the politics of visibility within Arendt’s more theoretical-philosophical writings on politics. By juxtaposing her account with current Dutch policies and practices concerning aliens in the last section, this article next aims to investigate the relevance and currency of the Arendtian politics of in/visibility. Arguing for the continuing relevance (...)
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  24.  55
    Kristy A. Belton (2011). The Neglected Non-Citizen: Statelessness and Liberal Political Theory. Journal of Global Ethics 7 (1):59 - 71.
    The non-citizen is the new ?other?. From popular discourse to political pronouncements and academic research, the non-citizen has become one of the subjects du jour. Among the ranks of the non-citizen, one finds a lesser-known category of people which has yet to be considered seriously by liberal political theory ? the stateless. Thus far, liberal political theory has either ignored this category of persons or subsumed them under the subjects of immigration or refugeehood. The present article challenges this theoretical (...)
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  25.  16
    Karuna Mantena (2012). On Gandhi's Critique of the State: Sources, Contexts, Conjunctures. Modern Intellectual History 9 (3):535-563.
    Gandhi's critique of the modern state was central to his political thinking. It served as a pivotal hinge between Gandhi's anticolonialism and his theory of politics and was given striking institutional form in his vision of decentralized peasant democracy. This essay explores the origins and implications of Gandhian antistatism by situating it within a genealogy of early twentieth-century political pluralism, specifically British and Indian pluralist criticism of state sovereignty and centralization. This essay traces that critique from the imperial sociology of (...)
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  26.  6
    M. Berent (1998). Stasis, or the Greek Invention of Politics. History of Political Thought 19 (3):331-362.
    The Greek word stasis meant ‘faction’, ‘civil war’ but also ‘political standing’. This seems a strange contradiction, particularly since we credit the Greeks with having invented politics. This strange contradiction is partly explained by the nature of the Greek polis, which was not a State, but rather what anthropologists call a stateless community. The latter is a relatively unstratified egalitarian community characterized by the absence of public coercive apparatuses. However, though stateless, the Greek polis was also different from (...)
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  27.  45
    Roderick T. Long, Rule-Following, Praxeology, and Anarchy.
    JEL Classification: B41, B53, B31, B2, P48, A12 Abstract: Wittgenstein’s rule-following paradox has important implications for two aspects of Austrian theory. First, it makes it possible to reconcile the Misesian, Rothbardian, and hermeneutical approaches to methodology; second, it provides a way of defending a stateless legal order against the charge that such an order lacks, yet needs, a final arbiter.
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  28.  5
    M. Berent (1996). Hobbes and the ‘Greek Tongues’. History of Political Thought 17 (1):36-59.
    In this paper I wish to illuminate the Hobbesian-Aristotelian controversy from a new angle. I suggest that contrary to what has been assumed from Hobbes's time down to this day, the Greek polis was not a State, or what Hobbes called a Common-wealth, but rather what anthropologists call a stateless community. The latter is characterized by the absence of coercive apparatuses, which means that the ability to apply force is more or less evenly distributed among the armed, or potentially (...)
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  29.  21
    Gary Chartier (2012). Enforcing the Law and Being a State. Law and Philosophy 31 (1):99-123.
    Many anarchists believe that a stateless society could and should feature laws. It might appear that, in so believing, they are caught in a contradiction. The anarchist objects to the state because its authority does not rest on actual consent, and using force to secure compliance with law in a stateless society seems objectionable for the same reason. Some people in a stateless society will have consented to some laws or law-generating mechanisms and some to others – (...)
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  30.  29
    Juliet Flower MacCannell (1993). Facing Fascism: A Feminine Politics of Jouissance. Topoi 12 (2):137-151.
    To resume, then, the need for a written Law specifically prohibiting Genocide. (1) It should by now be evident that “the pleasure principle” needs its ethical mandate, beyond the “reality principle” of a social field that can no longer be considered homeostatic and nonconflictual. The fantasmatic character of human pleasure must not only be accounted for in any ethic today, it must take primacy. Fantasy formations grow ever central in our lives; fantasy is the support of our “reality.” (2) The (...)
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  31.  19
    K. Staples (2011). Statelessness, Sentimentality and Human Rights: A Critique of Rorty's Liberal Human Rights Culture. Philosophy and Social Criticism 37 (9):1011-1024.
    This article considers the ongoing difficulties for mainstream political theory of actualizing human rights, with particular reference to Rorty’s attempt to transcend their liberal foundations. It argues that there is a problematic disjuncture between his articulation of exclusion and his hope for inclusion via the expansion of the liberal human rights culture. More specifically, it shows that Rorty’s description of victimhood is based on premises unavailable to him, with the consequence that stateless persons are rendered inhuman, and, further, that (...)
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  32.  24
    Tomis Kapitan, Self-Determination.
    Disputes over territory are among the most contentious in human affairs. Throughout the world, societies view control over land and resources as necessary to ensure their survival and to further their particular life-style, and the very passion with which claims over a region are asserted and defended suggests that difficult normative issues lurk nearby. Questions about rights to territory vary. It is one thing to ask who owns a particular parcel of land, another who has the right to reside within (...)
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  33.  13
    Jeffrey Rogers Hummel, The Will to Be Free.
    The practical superiority of markets over governments has become readily apparent. Only the most dogmatic of state apologists continue to deny this obvious fact—at least with respect to the production of many goods and services. Free-market economists and libertarians go much further, of course. They affirm the market’s superiority in nearly all realms. Yet only a handful of anarchocapitalists, most notably Murray Rothbard, have dared claim that a free market could also do a better job of providing protection from foreign (...)
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  34.  17
    Martine Leibovici (2006). Appartitre et visibilite. Le monde selon Hannah Arendt et Emmanuel Levinas. Journal of Jewish Thought and Philosophy 14 (1):55-71.
    The notion of face, referring to the other's manifestation in Levinas's philosophy, does not imply any visibility, but rather signifies a proximity affecting me before any representation. In Levinas's text one can read a great number of statements about the face as not being in the world but as coming from outside to disturb it, to intrude on it. The experience of face is nevertheless made concrete in a phenomenological sense, thanks to somefigures as the stateless' or the refugee's (...)
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  35.  4
    Norman Geras (2004). How Free?1. The European Legacy 9 (5):619-627.
    This paper is a critique of the Marxian idea of a future stateless utopia. It is an immanent critique. Were one to start from non-Marxist assumptions, detailed argument would scarcely be necessary. Non-Marxists just take it for granted that any organized modern society foreseeable from the present world must necessarily involve state-type institutions of governance. My aim here is to show that, even thinking from within the Marxist tradition, the idea of a stateless utopia is not sustainable, unless (...)
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  36.  12
    Greg Anderson (2009). The Personality Of The Greek State. Journal of Hellenic Studies 129:1-.
    Were the poleis of Classical Greece state-based or stateless communities? Do their political structures meet standard criteria for full statehood? Conventional wisdom maintains that they do noto According to a broad consensus, the Classical polis was neither state-based nor stateless as such, but something somewhere in between: a unique, category-defying formation that was somehow both 'state' and 'society' simultaneously, a kind of inseparable fusion of the two. The current paper offers an alternative perspective on this complex but fundamental (...)
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  37.  9
    J. Bohman (2005). Rights, Cosmopolitanism and Public Reason Interactive Universalism in The Claims of Culture. Philosophy and Social Criticism 31 (7):715-726.
    In this discussion of Seyla Benhabib’s Claims of Culture, I defend a more pluralist conception of deliberative democracy and a stronger conception of the cosmopolitan content of human rights. I will discuss three main issues: first, problems of incommensurability and deep conflict; second, the role of impartiality and normative constraints embodied in the ‘syntactic’ and ‘semantic’ interpretations of the deliberative formula ‘reasons that all could accept’; and third, the differences in our conceptions of cosmopolitanism and the status of rightless persons, (...)
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  38.  9
    Paul Cobben (2005). Cosmopolitanism or Totalitarianism. Ethical Perspectives 12 (4):465-479.
    This article argues against the opinion that only the world-state can do justice to the universality of the moral person. The exclusion by the legal order of a nation state does not necessarily contradict the universality of the moral person, but can rather be the presupposition of its validity: namely if this legal order derives its legitimacy from being the historical institutionalisation of universal freedom. It is discussed how nation states, which legitimate themselves accordingly, must support, on penalty of inconsistency, (...)
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  39.  2
    Kelly A. McBride & Lindsey N. Kingston (2014). Legal Invisibility and the Revolution: Statelessness in Egypt. Human Rights Review 15 (2):159-175.
    Recent political turmoil has focused international attention on Egypt, yet there is little awareness of the country’s stateless populations—those who lack legal nationality to any state—or the challenges they face. Individuals in situations of protracted statelessness are denied their right to a nationality, resulting in an array of additional rights violations. Such violations include denied freedom of movement, equality before the law, and access to economic and social rights. Drawing from two years’ of fieldwork data, this study highlights the (...)
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  40.  4
    Martine Leibovici (2006). Appartitre et visibilite. Le monde selon Hannah Arendt et Emmanuel Levinas. Journal of Jewish Thought and Philosophy 14 (1):55-71.
    The notion of face, referring to the other's manifestation in Levinas's philosophy, does not imply any visibility, but rather signifies a proximity affecting me before any representation. In Levinas's text one can read a great number of statements about the face as not being in the world but as coming from outside to disturb it, to intrude on it. The experience of face is nevertheless made concrete in a phenomenological sense, thanks to somefigures as the stateless' or the refugee's (...)
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  41. Jean-Loup Amselle (1993). Anthropology and Historicity. History and Theory 32:121-31.
    This article tries to assess the component of French anthropology influenced by the Marxist paradigm, while also showing the links of Marxism to functionalism. With the collapse of the Marxist problematic one must establish a new anthropology that gives greater attention to history in "primitive" societies. It is also necessary to rethink some of the central problems confronting anthropology: in particular, to reevaluate the links between anthropology and development; to locate constructivism in the discipline; to measure the extent of phenomena (...)
     
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  42. Richard J. Bernstein (2013). Hannah Arendt and the Jewish Question. Polity.
    Hannah Arendt is increasingly recognised as one of the most original social and political thinkers of the twentieth century. In this important book, Richard Bernstein sets out to show that many of the most significant themes in Arendt's thinking have their origins in their confrontation with the Jewish Question. By approaching her mature work from this perspective, we can gain a richer and more subtle grasp of her main ideas. Bernstein discusses some of the key experiences and events in Arendt's (...)
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  43. Richard J. Bernstein (2014). Hannah Arendt and the Jewish Question. Polity.
    Hannah Arendt is increasingly recognised as one of the most original social and political thinkers of the twentieth century. In this important book, Richard Bernstein sets out to show that many of the most significant themes in Arendt's thinking have their origins in their confrontation with the Jewish Question. By approaching her mature work from this perspective, we can gain a richer and more subtle grasp of her main ideas. Bernstein discusses some of the key experiences and events in Arendt's (...)
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  44. Richard J. Bernstein (2013). Hannah Arendt and the Jewish Question. Polity.
    Hannah Arendt is increasingly recognised as one of the most original social and political thinkers of the twentieth century. In this important book, Richard Bernstein sets out to show that many of the most significant themes in Arendt's thinking have their origins in their confrontation with the Jewish Question. By approaching her mature work from this perspective, we can gain a richer and more subtle grasp of her main ideas. Bernstein discusses some of the key experiences and events in Arendt's (...)
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  45. George Crowder (1987). The Idea of Freedom in Nineteenth-Century Anarchism. Dissertation, University of Oxford (United Kingdom)
    Available from UMI in association with The British Library. Requires signed TDF. ;This thesis traces the central tradition of nineteenth-century anarchism in the work of Godwin, Proudhon, Bakunin and Kropotkin. Its primary focus is on their shared commitment to individual freedom as a pre-eminent value. Previous studies have often given a misleading picture of the tradition because they have misunderstood the conception of freedom at its heart. The present work takes up this issue in terms of the distinction between "negative" (...)
     
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  46. Serena Parekh (2016). Refugees and the Ethics of Forced Displacement. Routledge.
    This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will (...)
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  47. Tina Cockburn, Bill Madden & Bernadette Richards (2015). Untangling the Surrogacy Web and Exploring Legal Duties Following the Discharge of Mental Health Patients. Journal of Bioethical Inquiry 12 (1):25-29.
    Untangling the Surrogacy WebSurrogacy agreements represent unique legal questions that must be answered with great care. In Australia we had the recent “Baby Gammy” scandal that involved an international surrogacy agreement and claims of abandonment of a child with Down’s syndrome. This story served to reinforce concerns that surrogacy turns children into a commodity that can be put to one side if expectations are not met. Of course, surrogacy agreements do not always end in this manner and often the outcome (...)
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  48. William Conklin (2007). Statelessness and Bernhard Waldenfels' Phenomenology of the Alien. Journal of the British Society for Phenomenology 38:280-296.
    This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party (...)
     
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