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

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  1. 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.score: 12.0
    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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  2. Serena Parekh (forthcoming). Beyond the Ethics of Admission: Stateless People, Refugee Camps and Moral Obligations. Philosophy and Social Criticism:0191453713498254.score: 12.0
    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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  3. Michael Keating (2004). Plurinational Democracy: Stateless Nations in a Post-Sovereignty Era. OUP Oxford.score: 12.0
    Transnational integration and other challenges to the nation-state have deprived it of its mystique and broken the automatic link between state and nation. This has encouraged the revival of stateless nationalisms, but also provided new means for their accommodation. The author argues that these changes call for a radical rethinking of the nature of sovereignty and of the state itself to meet the twin challenges of recognition of nationality and of democracy. Drawing on the experience of four plurinational states (...)
     
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  4. Anna Moltchanova (2005). Stateless National Groups, International Justice and Asymmetrical Warfare. Journal of Political Philosophy 13 (2):194–215.score: 9.0
  5. Moshe Berent (2000). Anthropology and the Classics: War, Violence, and the Stateless Polis1. Classical Quarterly 50 (01):257-.score: 9.0
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  6. Karl T. Fielding (1978). Stateless Society: Frech on Rothbard. Journal of Libertarian Studies 2 (2):179-81.score: 9.0
  7. 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.score: 9.0
    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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  8. Stephan Kinsella, 1. “Law and Intellectual Property in a Stateless Society”.score: 9.0
    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 a..
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  9. 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.score: 9.0
    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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  10. Somek Alexander (2006). Stateless Law: Kelsens Conception and its Limits. Oxford Journal of Legal Studies 26 (4).score: 9.0
     
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  11. Gary Chartier (2013). Anarchy and Legal Order: Law and Politics for a Stateless Society. Cambridge University Press.score: 9.0
    Laying foundations -- Rejecting aggression -- Safeguarding cooperation -- Enforcing law -- Rectifying injury -- Liberating society -- Situating liberation.
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  12. 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.score: 9.0
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  13. Alexander Somek (2006). Stateless Law: Kelsen's Conception and its Limits. Oxford Journal of Legal Studies 26 (4):753-774.score: 9.0
    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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  14. Kelly A. McBride & Lindsey N. Kingston (2013). Legal Invisibility and the Revolution: Statelessness in Egypt. Human Rights Review:1-17.score: 8.0
    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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  15. Leonid Grinin (2009). The Pathways of Politogenesis and Models of the Early State Formation. Social Evolution and History 8 (1):92-132.score: 6.0
    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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  16. Kristy A. Belton (2011). The Neglected Non-Citizen: Statelessness and Liberal Political Theory. Journal of Global Ethics 7 (1):59 - 71.score: 6.0
    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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  17. 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.score: 6.0
    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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  18. Kelly Staples (2012). Statelessness and the Politics of Misrecognition. Res Publica 18 (1):93-106.score: 6.0
    This article focuses on the account of disrespect found in Honneth’s theory of recognition. In it, I am particularly interested in the form of misrecognition or disrespect which is the negation of respect , and which is clearly represented by statelessness. Respect, for Honneth, is closely connected to legal recognition. Guided by Honneth’s view of critical theory as ‘not entirely without a foundation in social reality’, the article puts together an analysis of the political dynamics of his model of disrespect. (...)
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  19. Lindsey N. Kingston (2013). “A Forgotten Human Rights Crisis”: Statelessness and Issue (Non)Emergence. [REVIEW] Human Rights Review 14 (2):73-87.score: 6.0
    Despite international laws guaranteeing the right to a nationality, statelessness remains a pervasive global problem that has been termed a “forgotten human rights crisis.” The issue highlights an important question for scholars that has not yet received enough attention: Why do some issues make it onto the international agenda while others do not? This study examines the characteristics necessary for successful issue emergence, or the step in the process of mobilization when a preexisting grievance is transformed from a problem into (...)
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  20. Chairperson Nicholas Xenos (1996). Statelessness: The Making and Unmaking of Political Identity. The European Legacy 1 (2):820-825.score: 4.0
    (1996). Statelessness: The making and unmaking of political identity. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 820-825.
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  21. John T. Sanders (1996). The State of Statelessness. In John T. Sanders & Jan Narveson (eds.), For and Against the State: New Philosophical Readings. Rowman and Littlefield.score: 3.0
    My objective in this paper is to address a handful of issues that typically get raised in discussions of philosophical anarchism. Some of these issues arise in discussions among partisans of anarchism, and some are more likely to be raised in efforts to defend the state against its opponents. My hope is to focus the argument in such a way as to make clearer the main issues that are at stake from the point of view of at least one version (...)
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  22. Alice MacLachlan, An Ethic of Plurality: Reconciling Politics and Morality in Hannah Arendt. History and Judgment: IWM JVF Conference Vol. 21.score: 3.0
    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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  23. Roderick T. Long, Rule-Following, Praxeology, and Anarchy.score: 3.0
    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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  24. Gary Chartier (2012). Enforcing the Law and Being a State. Law and Philosophy 31 (1):99-123.score: 3.0
    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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  25. Tomis Kapitan, Self-Determination.score: 3.0
    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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  26. Martine Leibovici (2006). Appartitre et visibilite. Le monde selon Hannah Arendt et Emmanuel Levinas. Journal of Jewish Thought and Philosophy 14 (1):55-71.score: 3.0
    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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  27. Juliet Flower MacCannell (1993). Facing Fascism: A Feminine Politics of Jouissance. Topoi 12 (2):137-151.score: 3.0
    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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  28. Greg Anderson (2009). The Personality Of The Greek State. Journal of Hellenic Studies 129:1-.score: 3.0
    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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  29. J. Bohman (2005). Rights, Cosmopolitanism and Public Reason Interactive Universalism in The Claims of Culture. Philosophy and Social Criticism 31 (7):715-726.score: 3.0
    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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  30. Jeffrey Rogers Hummel, The Will to Be Free.score: 3.0
    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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  31. M. Berent (1996). Hobbes and the 'Greek Tongues'. History of Political Thought 17 (1):36-59.score: 3.0
    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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  32. Damiano Canale & Giovanni Tuzet (2008). On the Contrary: Inferential Analysis and Ontological Assumptions of the A Contrario Argument. Informal Logic 28 (1):31-43.score: 3.0
    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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  33. Karuna Mantena (2012). On Gandhi's Critique of the State: Sources, Contexts, Conjunctures. Modern Intellectual History 9 (3):535-563.score: 3.0
    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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  34. M. Berent (1998). Stasis, or the Greek Invention of Politics. History of Political Thought 19 (3):331-362.score: 3.0
    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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  35. Norman Geras (2004). How Free?1. The European Legacy 9 (5):619-627.score: 3.0
    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. Seyla Benhabib (2004). Kantian Questions, Arendtian Answers: Statelessness, Cosmopolitanism, and the Right to Have Rights. In Richard J. Bernstein, Seyla Benhabib & Nancy Fraser (eds.), Pragmatism, Critique, Judgment: Essays for Richard J. Mit Press. 173.score: 3.0
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  37. 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.score: 3.0
    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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  38. Sheila Shaver (2011). Review: Margaret R. Somers, Genealogies of Citizenship: Markets, Statelessness, and the Right to Have Rights (Cambridge University Press, 2008). [REVIEW] Thesis Eleven 105 (1):130-134.score: 3.0
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  39. Patrick Hayden (2009). Political Evil in a Global Age: Hannah Arendt and International Theory. Routledge.score: 1.0
    Violating the human status : the evil of genocide and crimes against humanity -- Superfluous humanity : the evil of global poverty -- Citizens of nowhere : the evil of statelessness -- Effacing the political : the evil of neoliberal globalization.
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  40. Serena Parekh (2013). Hannah Arendt and Global Justice. Philosophy Compass 8 (9):771-780.score: 1.0
    This essay explores recent scholarship on Hannah Arendt's contribution to the field of global justice. I show that many of Arendt's ideas have been brought to bear fruitfully on some of the most pressing global issues of our day. I turn first to the area in which Arendt has, arguably, been most influential, namely human right. I then look at recent scholarship on Arendt and various issues in global justice, including immigration, statelessness, human security, global poverty, political reconciliation, and global (...)
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  41. Benjamin Powell & Ryan Ford, Somalia After State Collapse: Chaos or Improvement?score: 1.0
    Many people believe that Somalia’s economy has been in chaos since the collapse of its national government in 1991. We take a comparative institutional approach to examine Somalia’s performance relative to other African countries both when Somalia had a government and during its extended period of anarchy. We find that although Somalia is poor, its relative economic performance has improved during its period of statelessness. We also describe how Somalia has provided basic law and order and a currency, which have (...)
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  42. Peter T. Leeson (2012). Poking Hobbes in the Eye a Plea for Mechanism in Anarchist History. Common Knowledge 18 (3):541-546.score: 1.0
    James C. Scott’s The Art of Not Being Governed: An Anarchist History of Upland Southeast Asia argues that the Zomia people of Southeast Asia consciously chose to live without government and that their choice was sensible. Yet basic economic reasoning, reflected in Hobbes’s classic account of anarchy and the state’s emergence, suggests that life without government would be far worse than life with government, leading people to universally choose the latter. To reconcile Scott’s account of the Zomia peoples’ choice with (...)
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