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On The Right Of Exclusion Law Ethics And Immigration Policy
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Book Synopsis On the Right of Exclusion: Law, Ethics and Immigration Policy by : Bas Schotel
Download or read book On the Right of Exclusion: Law, Ethics and Immigration Policy written by Bas Schotel and published by Routledge. This book was released on 2013-03 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis On the Right of Exclusion: Law, Ethics and Immigration Policy by : Bas Schotel
Download or read book On the Right of Exclusion: Law, Ethics and Immigration Policy written by Bas Schotel and published by Routledge. This book was released on 2013-03-01 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the Right of Exclusion: Law, Ethics and Immigration Policy addresses the current immigration laws and practices of Western states, and argues that if states cannot substantially justify the exclusion of an alien, the latter should be admitted.
Book Synopsis Debating the Ethics of Immigration by : Christopher Heath Wellman
Download or read book Debating the Ethics of Immigration written by Christopher Heath Wellman and published by OUP USA. This book was released on 2011-09-30 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Ethics of Immigration by : Joseph Carens
Download or read book The Ethics of Immigration written by Joseph Carens and published by Oxford University Press. This book was released on 2013 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.
Book Synopsis Unjust Borders by : Javier S. Hidalgo
Download or read book Unjust Borders written by Javier S. Hidalgo and published by Routledge. This book was released on 2018-11-07 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice.
Book Synopsis The President and Immigration Law by : Adam B. Cox
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Book Synopsis Do States Have the Right to Exclude Immigrants? by : Christopher Bertram
Download or read book Do States Have the Right to Exclude Immigrants? written by Christopher Bertram and published by John Wiley & Sons. This book was released on 2018-06-28 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Ethics and Politics of Immigration by : Alex Sager
Download or read book The Ethics and Politics of Immigration written by Alex Sager and published by Rowman & Littlefield. This book was released on 2016-10-03 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ethics and Politics of Immigration provides an overview of the central topics in the ethics of immigration with contributions from scholars who have shaped the terms of debate and who are moving the discussion forward in exciting directions. This book is unique in providing an overview of how the field has developed over the last twenty years in political philosophy and political theory. The essays in this book cover issues to do with open borders, admissions policies, refugee protection and the regulation of labor migration. The book also includes coverage of matters concerning integration, inclusion, and legalization. It goes on to explore human trafficking and smuggling and the immigrant detention. The book concludes with four topics that promise to move immigration ethics in new directions: philosophical objections to states giving preference to skilled laborers; the implications of gender and care ethics; the incorporation of the philosophy of race; and how the cognitive bias of methodological nationalism affects the discussion.
Book Synopsis Freedom, Culture, and the Right to Exclude by : Uwe Steinhoff
Download or read book Freedom, Culture, and the Right to Exclude written by Uwe Steinhoff and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Moral and Political Philosophy of Immigration by : José Jorge Mendoza
Download or read book The Moral and Political Philosophy of Immigration written by José Jorge Mendoza and published by Lexington Books. This book was released on 2016-12-27 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Moral and Political Philosophy of Immigration: Liberty, Security, and Equality, José Jorge Mendoza argues that the difficulty with resolving the issue of immigration is primarily a conflict over competing moral and political principles and is thereby, at its core, a problem of philosophy. Establishing the necessity of situating the public debate on immigration at the center of philosophical debates on liberty, security, and equality, this book brings into dialog various contemporary philosophical texts that deal with immigration to provide some normative guidance to future immigration policy and reform. As a groundbreaking work in social and political philosophy, it will be of great value not only to students and scholars in these fields, but also those working in social science, public policy, justice studies, and global studies programs whose work intersects with issues of immigration.
Book Synopsis Justice, Migration, and Mercy by : Michael Blake
Download or read book Justice, Migration, and Mercy written by Michael Blake and published by Oxford University Press, USA. This book was released on 2020 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we understand the political morality of migration? Are travel bans, walls, or carrier sanctions ever morally permissible in a just society? This book offers a new approach to these and related questions. It identifies a particular vision of how we might apply the notion of justice to migration policy - and an argument in favor of expanding the ethical tools we use, to include not only justice but moral notions such as mercy/
Book Synopsis Strangers in Our Midst by : David Miller
Download or read book Strangers in Our Midst written by David Miller and published by Harvard University Press. This book was released on 2016-05-09 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should Western democracies respond to the many millions of people who want to settle in their societies? Economists and human rights advocates tend to downplay the considerable cultural and demographic impact of immigration on host societies. Seeking to balance the rights of immigrants with the legitimate concerns of citizens, Strangers in Our Midst brings a bracing dose of realism to this debate. David Miller defends the right of democratic states to control their borders and decide upon the future size, shape, and cultural make-up of their populations. “A cool dissection of some of the main moral issues surrounding immigration and worth reading for its introductory chapter alone. Moreover, unlike many progressive intellectuals, Miller gives due weight to the rights and preferences of existing citizens and does not believe an immigrant has an automatic right to enter a country...Full of balanced judgments and tragic dilemmas.” —David Goodhart, Evening Standard “A lean and judicious defense of national interest...In Miller’s view, controlling immigration is one way for a country to control its public expenditures, and such control is essential to democracy.” —Kelefa Sanneh, New Yorker
Book Synopsis Rights, Deportation, and Detention in the Age of Immigration Control by : Tom K. Wong
Download or read book Rights, Deportation, and Detention in the Age of Immigration Control written by Tom K. Wong and published by Stanford University Press. This book was released on 2015-05-13 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration is among the most prominent, enduring, and contentious features of our globalized world. Yet, there is little systematic, cross-national research on why countries "do what they do" when it comes to their immigration policies. Rights, Deportation, and Detention in the Age of Immigration Control addresses this gap by examining what are arguably the most contested and dynamic immigration policies—immigration control—across 25 immigrant-receiving countries, including the U.S. and most of the European Union. The book addresses head on three of the most salient aspects of immigration control: the denial of rights to non-citizens, their physical removal and exclusion from the polity through deportation, and their deprivation of liberty and freedom of movement in immigration detention. In addition to answering the question of why states do what they do, the book describes contemporary trends in what Tom K. Wong refers to as the machinery of immigration control, analyzes the determinants of these trends using a combination of quantitative analysis and fieldwork, and explores whether efforts to deter unwanted immigration are actually working.
Book Synopsis Making Migration Law by : Eve Lester
Download or read book Making Migration Law written by Eve Lester and published by Cambridge University Press. This book was released on 2018-03-22 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies.
Book Synopsis Article 8 ECHR, Family Reunification and the UK’s Supreme Court by : Helena Wray
Download or read book Article 8 ECHR, Family Reunification and the UK’s Supreme Court written by Helena Wray and published by Bloomsbury Publishing. This book was released on 2023-02-09 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do courts reconcile protecting family life with immigration control in human rights cases? This book addresses that question through an analysis of 11 UK Supreme Court decisions on immigration and family life, mostly focusing on Article 8 ECHR, the right to respect for family life, and starting with Huang v SSHD in 2007. The analysis is set against a national context that includes the Human Rights Act 1998 and regular controversies over immigration. The book explains how the European Court of Human Rights jurisprudence has developed in recent years, but, particularly in the absence of children, it often still awards little weight to claims by citizens and residents to be joined by family when immigration status is an issue. This reflects governments' resistance to encroachment on their control over borders. The Supreme Court decisions show that, despite powers conferred by the Human Rights Act, a more nuanced position in domestic law was difficult to articulate and sustain. The book explores the way in which these problems were reflected in the changing language, argumentation, and structure of judgments. These problems revealed judges to be strategic actors drawing on personal and institutional values and responding to the shifting political context. A more generous reading of Article 8 would be legally coherent but needs wider societal support to be realisable. The book ends with a discussion of how, if such support were present, the jurisprudence could give more weight to the needs of families. It is vital reading for anyone interested in families and immigration, and in the problems and potential of human rights adjudication.
Author :Jonathan Josefsson Publisher :Linköping University Electronic Press ISBN 13 :917685602X Total Pages :93 pages Book Rating :4.1/5 (768 download)
Book Synopsis Children at the Borders by : Jonathan Josefsson
Download or read book Children at the Borders written by Jonathan Josefsson and published by Linköping University Electronic Press. This book was released on 2016-12-15 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of a steady flow of child migrants attempting to cross borders and states’ efforts to restrict immigration, various public controversies have arisen about the rights of asylum-seeking children. The ‘moral gap’ between the outcome of democratically enacted laws and the aim of controlling immigration, on the one hand, and public calls to protect the universal rights of asylum seeking children, on the other, have created a political challenge for Western democracies. This thesis sets out to examine two particular settings in which norms about the rights of asylum-seeking children and immigration control have been established and contested over the years: the Swedish Migration Court of Appeal and Sweden’s largest morning paper, Dagens Nyheter. It combines empirically oriented analysis with theoretical enquiry, and it brings the issue of the rights of asylumseeking children into dialogue with the contemporary political-philosophical debate about membership, rights and borders. I kölvattnet av en stadig ström av barn som migrerar över statsgränser har medial rapportering, protester och offentliga diskussioner aktualiserat frågor om asylsökande barns rättigheter. Det ”moraliska glappet” mellan tillämpningen av demokratiskt stiftade lagar i syfte att reglera invandringen,å ena sidan, och offentliga krav på att skydda universella rättigheter för asylsökande barn, å andra sidan, har växt fram som en samtida utmaning för demokratiska stater att hantera. I denna avhandling undersöks två specifika arenor där normer om asylsökande barns rättigheter och immigrationskontroll har etablerats och ifrågasatts under de senaste åren; den svenska Migrationsöverdomstolen och Sveriges största morgontidning, Dagens Nyheter. Avhandlingen kombinerar empiriska analyser med teoretiska undersökningar om asylsökande barns rättigheter i dialog med en samtida politisk filosofisk diskussion om medlemskap, rättigheter och gränser.
Book Synopsis Migration and the European Convention on Human Rights by :
Download or read book Migration and the European Convention on Human Rights written by and published by Oxford University Press. This book was released on 2021-02-25 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.
