Freedom Culture And The Right To Exclude

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Freedom, Culture, and the Right to Exclude

Author : Uwe Steinhoff
Publisher : Routledge
Page : 227 pages
File Size : 43,7 Mb
Release : 2022-04-19
Category : Philosophy
ISBN : 9781000568219

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Freedom, Culture, and the Right to Exclude by Uwe Steinhoff Pdf

This book argues that citizens have a moral right to decide by which criteria they grant migrants citizenship, as well as to control access to their territory in the first place. In developing and defending this argument, it critically engages numerous objections, thus providing the reader with a thorough overview of the current debate on the ethics of immigration and exclusion. The author’s argument is based on a straightforwardly individualist and liberal starting point. One of the rights granted by liberalism is freedom of association, which also comprises the right not to associate with people with whom one does not want to associate. While this is an individual right, it can be exercised collectively like many other individual rights. Thus, people can decide to collectively organize into an association pursuing certain goals; and subject to certain provisos, this gives rise to legitimate claims to space and territory in which they pursue these goals. The author shows that this right is far-reaching and robust, which entails an equally far-reaching and robust right to exclude. Moreover, he demonstrates that large-scale immigration from illiberal cultures tends to severely compromise the way of life, the values, and the institutions of liberal democracies in ways routinely ignored by apologists for multiculturalism. Freedom, Culture, and the Right to Exclude will be of interest to scholars and advanced students working in applied ethics, political philosophy, political theory, and law.

Freedom to Discriminate

Author : Gene Slater
Publisher : Heyday Books
Page : 0 pages
File Size : 42,7 Mb
Release : 2021
Category : African Americans
ISBN : 1597145440

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Freedom to Discriminate by Gene Slater Pdf

"Freedom to Discriminate uncovers realtors' definitive role in segregating America and shaping modern conservative thought"--

Sex, Culture, and Justice

Author : Clare Chambers
Publisher : Penn State Press
Page : 306 pages
File Size : 41,9 Mb
Release : 2010-11
Category : Social Science
ISBN : 9780271045948

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Sex, Culture, and Justice by Clare Chambers Pdf

Autonomy is fundamental to liberalism. But autonomous individuals often choose to do things that harm themselves or undermine their equality. In particular, women often choose to participate in practices of sexual inequality&—cosmetic surgery, gendered patterns of work and childcare, makeup, restrictive clothing, or the sexual subordination required by membership in certain religious groups. In this book, Clare Chambers argues that this predicament poses a fundamental challenge to many existing liberal and multicultural theories that dominate contemporary political philosophy. Chambers argues that a theory of justice cannot ignore the influence of culture and the role it plays in shaping choices. If cultures shape choices, it is problematic to use those choices as the measure of the justice of the culture. Drawing upon feminist critiques of gender inequality and poststructuralist theories of social construction, she argues that we should accept some of the multicultural claims about the importance of culture in shaping our actions and identities, but that we should reach the opposite normative conclusion to that of multiculturalists and many liberals. Rather than using the idea of social construction to justify cultural respect or protection, we should use it to ground a critical stance toward cultural norms. The book presents radical proposals for state action to promote sexual and cultural justice.

Debating the Ethics of Immigration

Author : Christopher Heath Wellman,Phillip Cole
Publisher : OUP USA
Page : 350 pages
File Size : 50,8 Mb
Release : 2011-09-30
Category : Philosophy
ISBN : 9780199731725

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Debating the Ethics of Immigration by Christopher Heath Wellman,Phillip Cole Pdf

Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question. Appealing to the right to freedom of association, Wellman contends that legitimate states have broad discretion to exclude potential immigrants, even those who desperately seek to enter. Against this, Cole argues that the commitment to the moral equality of all human beings - which legitimate states can be expected to hold - means national borders must be open: equal respect requires equal access, both to territory and membership; and that the idea of open borders is less radical than it seems when we consider how many territorial and community boundaries have this open nature. In addition to engaging with each other's arguments, Wellman and Cole address a range of central questions and prominent positions on this topic. The authors therefore provide a critical overview of the major contributions to the ethics of migration, as well as developing original, provocative positions of their own.

Supporting Students’ Intellectual Freedom in Schools: The Right to Read

Author : Sachdeva, Danielle E.,Hull, Samantha L.,Kimmel, Sue C.,Whitaker, Westry A.
Publisher : IGI Global
Page : 324 pages
File Size : 46,8 Mb
Release : 2023-12-21
Category : Education
ISBN : 9781668496565

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Supporting Students’ Intellectual Freedom in Schools: The Right to Read by Sachdeva, Danielle E.,Hull, Samantha L.,Kimmel, Sue C.,Whitaker, Westry A. Pdf

In today's developing view of education, a disquieting trend looms—the erosion of students' right to choose what they read. This erosion, fueled by an alarming surge in censorship attempts, casts a shadow over the very essence of intellectual exploration. Recent years have witnessed an unprecedented number of challenges aimed at restricting access to books, targeting themes that embrace human diversity, inclusivity, and the tapestry of life itself. As educators, administrators, and scholars grapple with this critical juncture, Supporting Students’ Intellectual Freedom in Schools: The Right to Read serves as a comprehensive resource they can turn to for support and knowledge. This book is a call to action, resonating with teachers, school librarians, administrators, and scholars who refuse to let censorship erode the foundations of education. As censorship attempts proliferate, its chapters offer fortification, providing educators at all levels with the tools to safeguard students' intellectual freedom. From the hallowed halls of academia to the vibrant classrooms of K-12, the insights within these pages shape curricula, conversations, and a collective commitment to nurturing minds that thrive on diversity and inquiry. In a world clamoring for unwavering advocates of intellectual freedom, Supporting Students’ Intellectual Freedom in Schools is not just a solution—it is a declaration of resolute solidarity in the pursuit of knowledge and the unassailable right to read.

Free to Move

Author : Ilya Somin
Publisher : Oxford University Press
Page : 240 pages
File Size : 48,7 Mb
Release : 2020-04-23
Category : Law
ISBN : 9780190054601

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Free to Move by Ilya Somin Pdf

Ballot box voting is often considered the essence of political freedom. But it has two major shortcomings: individual voters have little chance of making a difference, and they face strong incentives to remain ignorant about the issues at stake. "Voting with your feet," however, avoids both these pitfalls and offers a wider range of choices. In Free to Move, Ilya Somin explains how broadening opportunities for foot voting can greatly enhance political liberty for millions of people around the world. People can vote with their feet through international migration, choosing where to live within a federal system, and by making decisions in the private sector. Somin addresses a variety of common objections to expanded migration rights, including claims that the "self-determination" of natives requires giving them the power to exclude migrants, and arguments that migration is likely to have harmful side effects, such as undermining political institutions, overburdening the welfare state, increasing crime and terrorism, and spreading undesirable cultural values. While these objections are usually directed at international migration, Somin shows how a consistent commitment to such theories would also justify severe restrictions on domestic freedom of movement. By making a systematic case for a more open world, Free to Move challenges conventional wisdom on both the left and the right. This revised and expanded edition addresses key new issues, including fears that migration could spread dangerous diseases, such as Covid-19, claims that immigrants might generate a political backlash that threatens democracy, and the impact of remote work.

Judging the Boy Scouts of America

Author : Richard J. Ellis
Publisher : University Press of Kansas
Page : 300 pages
File Size : 41,8 Mb
Release : 2014-05-23
Category : Law
ISBN : 9780700619511

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Judging the Boy Scouts of America by Richard J. Ellis Pdf

As Americans, we cherish the freedom to associate. However, with the freedom to associate comes the right to exclude those who do not share our values and goals. What happens when the freedom of association collides with the equally cherished principle that every individual should be free from invidious discrimination? This is precisely the question posed in Boy Scouts of America v. James Dale, a lawsuit that made its way through the courts over the course of a decade, culminating in 2000 with a landmark ruling by the U.S. Supreme Court. In Judging the Boy Scouts of America, Richard J. Ellis tells the fascinating story of the Dale case, placing it in the context of legal principles and precedents, Scouts' policies, gay rights, and the “culture wars” in American politics. The story begins with James Dale, a nineteen-year old Eagle Scout and assistant scoutmaster in New Jersey, who came out as a gay man in the summer of 1990. The Boy Scouts, citing their policy that denied membership to “avowed homosexuals,” promptly terminated Dale’s membership. Homosexuality, the Boy Scout leadership insisted, violated the Scouts’ pledge to be “morally straight.” With the aid of the Lambda Legal Defense Fund, Dale sued for discrimination. Ellis tracks the case from its initial filing in New Jersey through the final decision of the U.S. Supreme Court in favor of the Scouts. In addition to examining the legal issues at stake, including the effect of the Supreme Court’s ruling on the law of free association, Ellis also describes Dale's personal journey and its intersection with an evolving gay rights movement. Throughout he seeks to understand the puzzle of why the Boy Scouts would adopt and adhere to a policy that jeopardized the organization's iconic place in American culture—and, finally, explores how legal challenges and cultural changes contributed to the Scouts’ historic policy reversal in May 2013 that ended the organization’s ban on gay youth (though not gay adults).

Internationaler Kinderschutz

Author : Thilo Marauhn
Publisher : Mohr Siebeck
Page : 208 pages
File Size : 54,5 Mb
Release : 2005
Category : Biography & Autobiography
ISBN : 3161485564

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Internationaler Kinderschutz by Thilo Marauhn Pdf

English summary: Children's rights are a very important topic in national and international law. A broad variety of measures has been adopted to combat the military, economic or sexual exploitation of children. These issues as well as questions related to international child abduction and international adoptions are dealt with in this volume. In addition, the final chapter focuses on children's rights under the new South African Constitution. Four of the seven chapters are written in English. German description: Kinderrechte scheinen en vogue zu sein - jedenfalls in der politischen Rhetorik. Die tatsachlichen Lebensverhaltnisse von Kindern - national wie international - sind demgegenuber zum Teil erschutternd. Trotz internationaler Regelungen wie dem Ubereinkommen uber die Rechte des Kindes von 1990 und trotz partieller nationaler Gewahrleistung von Kinderrechten werden Kinder weiterhin als Soldaten in Kriegen eingesetzt und als billige Arbeitskrafte oder Sexualobjekte ausgebeutet. Die im vorliegenden Band dokumentierten Beitrage widmen sich der Frage, wie das geltende nationale und internationale Recht zum Schutz der Kinderrechte moglichst effektiv angewandt und gegebenenfalls verbessert werden kann. Die Bandbreite der Themen reicht von Fragen des humanitaren Volkerrechts in bewaffneten Konflikten uber Fragen des internationalen Kindschaftsrechts bis hin zu strafrechtlichen Aspekten der sexuellen Ausbeutung von Kindern. Daruber hinaus wird die Gewahrleistung von Kinderrechten in der Europaischen Menschenrechtskonvention und in der neuen sudafrikanischen Verfassung analysiert. Vier der sieben Beitrage sind in englischer Sprache verfasst.

Freedom of Religion Under Bills of Rights

Author : Paul Babie,Neville Rochow
Publisher : University of Adelaide Press
Page : 466 pages
File Size : 54,8 Mb
Release : 2012
Category : Law
ISBN : 9780987171818

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Freedom of Religion Under Bills of Rights by Paul Babie,Neville Rochow Pdf

"The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts

Human Rights and the Reinvention of Freedom

Author : Nick Stevenson
Publisher : Routledge
Page : 196 pages
File Size : 48,7 Mb
Release : 2016-10-04
Category : Political Science
ISBN : 9781317585541

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Human Rights and the Reinvention of Freedom by Nick Stevenson Pdf

This volume seeks to propose a reinvention of freedom under contemporary conditions of globalization, cross-border mobility, and neo-liberal dominance. There are currently two predominant myths circulating about freedom. The first is that in a global age growing numbers of citizens are less concerned with freedom than they are with security. Secondly, there is the presumption that freedom only refers to market freedom and consumerism, implying that the ideas of choice and consumption are interchangeable with ideas of freedom. Stevenson argues that while these arguments are significant, they are deeply misleading. More ‘authentic’ ideas of freedom such as self-realisation, participating in politics and seeking a meaningful life of self-reflection have not been entirely displaced but have instead become reinvented in our global times. The cries of freedom can still be heard in a multitude of places from the Arab Spring to the Occupy Movement and from the protests against European austerity to the current popularity of human rights. Stevenson also argues that the idea of freedom has become increasingly mobile in our interconnected and transnational society. The spaces and places of civil society are more complex in this global age, pushing ideas of freedom far beyond the usual arena of national politics. This volume brings together a diverse range of cultural interpretations in respect of freedom related to the idea of the commons, cosmopolitanism, contemporary documentary cinema and the history of jazz music. Exploring the ways in which notions of freedom are being re-made within the context of the present, and looking more precisely at the current threats to freedom, it will be of interest to students and scholars of globalization, human rights and cultural sociology.

Protecting the right to freedom of expression under the European Convention on Human Rights

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 51,6 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

The Right to Exclude

Author : Justin Desautels-Stein
Publisher : Oxford University Press
Page : 369 pages
File Size : 47,7 Mb
Release : 2023-03-09
Category : Law
ISBN : 9780198862161

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The Right to Exclude by Justin Desautels-Stein Pdf

In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.

The Routledge Handbook of Global Ethics

Author : Darrel Moellendorf,Heather Widdows
Publisher : Routledge
Page : 502 pages
File Size : 44,7 Mb
Release : 2015-05-08
Category : Philosophy
ISBN : 9781317592389

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The Routledge Handbook of Global Ethics by Darrel Moellendorf,Heather Widdows Pdf

Global ethics focuses on the most pressing contemporary ethical issues - poverty, global trade, terrorism, torture, pollution, climate change and the management of scarce recourses. It draws on moral and political philosophy, political and social science, empirical research, and real-world policy and activism. The Routledge Handbook of Global Ethics is an outstanding reference source to the key topics, problems and debates in this exciting subject, presenting an authoritative overview of the most significant issues and ideas in global ethics. The 31 chapters by a team of international contributors are structured into six key parts: normative theory conflict and violence poverty and development economic justice bioethics and health justice environment and climate ethics. Covering the theoretical and practical aspects of global ethics as well as policy, The Routledge Handbook of Philosophy of Global Ethics provides a benchmark for the study of global ethics to date, as well as outlining future developments. It will prove an invaluable reference for policy-makers, and is essential reading for students and researchers in philosophy, international relations, political science, environmental and development studies and human rights law.

A Right to Inclusion and Exclusion?

Author : Hans Lindahl
Publisher : Bloomsbury Publishing
Page : 298 pages
File Size : 49,6 Mb
Release : 2009-08-14
Category : Law
ISBN : 9781847315304

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A Right to Inclusion and Exclusion? by Hans Lindahl Pdf

This volume of essays, situated at the interface between legal doctrine and legal and political philosophy, discusses the conceptual and normative issues posed by the right to inclusion and exclusion the EU claims for itself when enacting and enforcing immigration and asylum policy under the Area of Freedom, Security and Justice. In particular, the essays probe how this alleged right acquires institutional form; how the enactment and enforcement of the EU's external borders render possible and undermine the claim to such a right; and how the fundamental distinctions that underpin this alleged right, such as inside/outside and citizen/alien, are being disrupted and reconfigured in ways that might render the EU's civic and territorial boundaries more porous. The volume is divided into three parts. A first set of essays delves into the empirical aspects that define the institutional context of the EU's alleged jus includendi et excludendi. A second set of essays is theoretical in character, and critically scrutinizes the basic distinctions that govern this alleged right. The third set of essays discusses politico-legal alternatives, exploring how the conceptual and normative problems to which this alleged right gives rise might be dealt with, both legally and politically. The contributors to the volume are Peter Fitzpatrick, Bonnie Honig, Dora Kostakopoulou, Hans Lindahl, Valsamis Mitsilegas, Helen Oosterom-Staples, Bert van Roermund, Jo Shaw, Bernhard Waldenfels, Neil Walker and Ricard Zapata Barrero. The volume also includes a comprehensive introduction by the editor, highlighting systematic connections between the three parts and individual essays which comprise it.

Boundaries of Authority

Author : A. John Simmons
Publisher : Oxford University Press
Page : 128 pages
File Size : 54,7 Mb
Release : 2016-07-01
Category : Philosophy
ISBN : 9780190631574

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Boundaries of Authority by A. John Simmons Pdf

Modern states claim rights of jurisdiction and control over particular geographical areas and their associated natural resources. Boundaries of Authority explores the possible moral bases for such territorial claims by states, in the process arguing that many of these territorial claims in fact lack any moral justification. The book maintains throughout that the requirement of states' justified authority over persons has normative priority over, and as a result severely restricts, the kinds of territorial rights that states can justifiably claim, and it argues that the mere effective administration of justice within a geographical area is insufficient to ground moral authority over residents of that area. The book argues that only a theory of territorial rights that takes seriously the morality of the actual history of states' acquisitions of power over land and the land's residents can adequately explain the nature and extent of states' moral rights over particular territories. Part I of the book examines the interconnections between states' claimed rights of authority over particular sets of subject persons and states' claimed authority to control particular territories. It contains an extended critique of the dominant "Kantian functionalist" approach to such issues. Part II organizes, explains, and criticizes the full range of extant theories of states' territorial rights, arguing that a little-appreciated Lockean approach to territorial rights is in fact far better able to meet the principal desiderata for such theories. Where the first two parts of the book concern primarily states' claims to jurisdiction over territories, Part III of the book looks closely at the more property-like territorial rights that states claim - in particular, their claimed rights to control over the natural resources on and beneath their territories and their claimed rights to control and restrict movement across (including immigration over) their territorial borders.