Statelessness and Bernhard Waldenfels' Phenomenology of the Alien


Authors
William Conklin
University of Windsor
Abstract
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 can resolve a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary.
Keywords phenomenology, law, role of judge
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DOI 10.1080/00071773.2007.11006619
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References found in this work BETA

Authority, Law and Morality.Joseph Raz - 1985 - The Monist 68 (3):295-324.
The Trap.William E. Conklin - 2002 - Law and Critique 13 (1):1-28.

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Citations of this work BETA

Human Rights and the Forgotten Acts of Meaning in the Social Conventions of Conceptual Jurisprudence.William Conklin - 2014 - Metodo. International Studies in Phenomenology and Philosophy 2 (1):169-199.

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In Place of the Other.Bernhard Waldenfels - 2011 - Continental Philosophy Review 44 (2):151-164.
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Crucial Tests of the Phenomenology.Bernhard Waldenfels - 2010 - Philosophische Rundschau 57 (2):154 - 178.

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