The Right To Exclude

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Property Theory

Author : James Penner,Michael Otsuka
Publisher : Cambridge University Press
Page : 253 pages
File Size : 54,6 Mb
Release : 2018-08-30
Category : Law
ISBN : 9781108422420

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Property Theory by James Penner,Michael Otsuka Pdf

The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.

Do States Have the Right to Exclude Immigrants?

Author : Christopher Bertram
Publisher : John Wiley & Sons
Page : 140 pages
File Size : 52,7 Mb
Release : 2018-06-28
Category : Philosophy
ISBN : 9781509521999

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Do States Have the Right to Exclude Immigrants? by Christopher Bertram Pdf

States claim the right to choose who can come to their country. They put up barriers and expose migrants to deadly journeys. Those who survive are labelled ‘illegal’ and find themselves vulnerable and unrepresented. The international state system advantages the lucky few born in rich countries and locks others into poor and often repressive ones. In this book, Christopher Bertram skilfully weaves a lucid exposition of the debates in political philosophy with original insights to argue that migration controls must be justifiable to everyone, including would-be and actual immigrants. Until justice prevails, states have no credible right to exclude and no-one is obliged to obey their immigration rules. Bertram’s analysis powerfully cuts through the fog of political rhetoric that obscures this controversial topic. It will be essential reading for anyone interested in the politics and ethics of migration.

The Right to Exclude

Author : Justin Desautels-Stein
Publisher : Oxford University Press
Page : 369 pages
File Size : 43,7 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.

Freedom, Culture, and the Right to Exclude

Author : Uwe Steinhoff
Publisher : Routledge
Page : 227 pages
File Size : 42,5 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.

Debating the Ethics of Immigration

Author : Christopher Heath Wellman,Phillip Cole
Publisher : OUP USA
Page : 350 pages
File Size : 43,5 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.

24(2)

Author : NICK. KASCHUK
Publisher : Unknown
Page : 128 pages
File Size : 55,8 Mb
Release : 2019
Category : Electronic
ISBN : 0433498935

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24(2) by NICK. KASCHUK Pdf

Freedom to Discriminate

Author : Gene Slater
Publisher : Heyday Books
Page : 0 pages
File Size : 51,6 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"--

Powers of Exclusion

Author : Derek Hall,Philip Hirsch,Tania Li
Publisher : Challenges of the Agrarian Tra
Page : 272 pages
File Size : 50,9 Mb
Release : 2011-08-31
Category : Business & Economics
ISBN : UCSD:31822038186128

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Powers of Exclusion by Derek Hall,Philip Hirsch,Tania Li Pdf

Questions of who can access land and who is excluded from it underlie many recent social and political conflicts in Southeast Asia. Powers of Exclusion examines the key processes through which shifts in land relations are taking place, notably state land allocation and provision of property rights, the dramatic expansion of areas zoned for conservation, booms in the production of export-oriented crops, the conversion of farmland to post-agrarian uses, “intimate” exclusions involving kin and co-villagers, and mobilizations around land framed in terms of identity and belonging. In case studies drawn from seven countries, the authors find that four “powers of exclusion”—regulation, the market, force and legitimation—have combined to shape land relations in new and often surprising ways. Land debates are often presented as a conflict between market-oriented land use with full private property rights on the one side, and equitable access, production for subsistence, and respect for custom on the other. The authors step back from these debates to point out that any productive use of land requires the exclusion of some potential users, and that most projects for transforming land relations are thus accompanied by painful dilemmas. Rather than counterposing “exclusion” to “inclusion,” the book argues that attention must be paid to who is excluded, how, why, and with what consequences. Powers of Exclusion is a path-breaking book that draws on insights from multiple disciplines to map out the new contours of struggles for land in Southeast Asia. The volume provides a framework for analyzing the dilemmas of land relations across the Global South and beyond.

The Political Writings of Thomas Paine

Author : Thomas Paine
Publisher : Unknown
Page : 524 pages
File Size : 40,8 Mb
Release : 1870
Category : Political science
ISBN : STANFORD:36105019729933

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The Political Writings of Thomas Paine by Thomas Paine Pdf

Being and Owning

Author : Jesse Wall
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 42,8 Mb
Release : 2015
Category : Law
ISBN : 9780198727989

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Being and Owning by Jesse Wall Pdf

When part of a person's body is separated from them, or when a person dies, it is unclear what legal status the item of bodily material is able to obtain. A 'no property rule' which states that there is no property in the human body was first recorded in an English judgment in 1882. Claims based on property rights in the human body and its parts have failed on the basis that the human body is not the subject of property. Despite a recent series of exceptions to the 'no property rule', the law still has no clear answer as to the legal status of the body or its material. In this book, Wall examines the appropriate legal status of bodily material, and in doing so, develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law. Wall assesses when a person ought to be able to possess, control, use, or profit from, his or her own bodily material or the bodily material of another person. Bodily material may be valuable because it retains a functional unity with the body or is a material resource that is in short supply. With this in mind, Wall measures the extent to which property law can represent the rights and duties that protects the entitlement that a person may exercise in bodily material, and identifies the limits to the appropriate application of property law. An alternative to property law is developed with reference to the right of bodily integrity and the right to privacy.

The Political Philosophy of Refuge

Author : David Miller,Christine Straehle
Publisher : Cambridge University Press
Page : 468 pages
File Size : 50,9 Mb
Release : 2021-05-20
Category : Philosophy
ISBN : 9781108668040

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The Political Philosophy of Refuge by David Miller,Christine Straehle Pdf

How to assess and deal with the claims of millions of displaced people to find refuge and asylum in safe and prosperous countries is one of the most pressing issues of modern political philosophy. In this timely volume, fresh insights are offered into the political and moral implications of refugee crises and the treatment of asylum seekers. The contributions illustrate the widening of the debate over what is owed to refugees, and why it is assumed that national state actors and the international community owe special consideration and protection. Among the specific issues discussed are refugees' rights and duties, refugee selection, whether repatriation can be encouraged or required, and the ethics of sanctuary policies.

Subtle Acts of Exclusion

Author : Tiffany Jana, DM,Michael Baran
Publisher : National Geographic Books
Page : 0 pages
File Size : 44,9 Mb
Release : 2020-03-10
Category : Business & Economics
ISBN : 9781523087051

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Subtle Acts of Exclusion by Tiffany Jana, DM,Michael Baran Pdf

The first practical handbook that helps individuals and organizations recognize and prevent microaggressions so that all employees can feel a sense of belonging. Our workplaces and society are growing more diverse, but are we supporting inclusive cultures? While overt racism, sexism, ableism, and other forms of discrimination are relatively easy to spot, we cannot neglect the subtler everyday actions that normalize exclusion. Many have heard the term microaggression, but not everyone fully understands what they are or how to recognize them and stop them from happening. Tiffany Jana and Michael Baran offer a clearer, more accessible term, subtle acts of exclusion, or SAEs, to emphasize the purpose and effects of these actions. After all, people generally aren't trying to be aggressive--usually they're trying to say something nice, learn more about a person, be funny, or build closeness. But whether in the form of exaggerated stereotypes, backhanded compliments, unfounded assumptions, or objectification, SAE are damaging to our coworkers, friends, and acquaintances. Jana and Baran give simple and clear tools to identify and address such acts, offering scripts and action plans for everybody involved. Knowing how to have these conversations in an open-minded, honest way will help us build trust and create stronger workplaces and healthier, happier people and communities.

Property Outlaws

Author : Eduardo M. Penalver,Sonia Katyal
Publisher : Yale University Press
Page : 357 pages
File Size : 53,8 Mb
Release : 2010-02-16
Category : Law
ISBN : 9780300161236

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Property Outlaws by Eduardo M. Penalver,Sonia Katyal Pdf

Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.

The Right to Exclude

Author : Justin Desautels-Stein
Publisher : Unknown
Page : 0 pages
File Size : 40,6 Mb
Release : 2023
Category : Electronic
ISBN : 0192606786

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The Right to Exclude by Justin Desautels-Stein Pdf