Challenging borders: The case for open borders with Joseph Carens and Jean-Luc Nancy

2019 ◽  
pp. 175508821985991 ◽  
Author(s):  
James A Chamberlain
Keyword(s):  
Political Community ◽  
Democratic Politics ◽  
Social Rights ◽  
Political Struggle ◽  
Academic Literature ◽  
Open Borders ◽  
The Common ◽  
The Relationship

Joseph Carens develops one of the most prominent cases for open borders in the academic literature on the basis of freedom and equality. Yet the implementation of his social membership theory would mean that immigrants who have not yet lived in a country long enough to become members would be excluded from political and social rights, thus raising the possibility of their domination and subordination by citizens. Given that these problems arise because Carens aims to balance the freedom of individuals with the “claims of belonging” to a political community, can we theorize the relationship between freedom and community differently? French philosopher Jean-Luc Nancy does just that, by showing how to think freedom and community as mutually constitutive. Nancy thus offers the resources for an alternative case for open borders, grounded on the claim that the freedom of community entails openness to the outside. Drawing also on Nancy’s account of the common and of democratic politics, my Nancean argument for open borders challenges Carens’s exclusion of nonmembers from the rights of citizens, emphasizing instead the need for an ongoing political struggle to expand who is eligible to claim rights as well as the scope of the rights themselves.

Searching for Political Parties in the Past

2017 ◽  
Author(s):  
Piero Ignazi
Keyword(s):  
Eighteenth Century ◽  
Political Parties ◽  
Political Party ◽  
Ancient Greece ◽  
Political Community ◽  
Democratic Politics ◽  
The Political ◽  
The Past ◽  
The Common

Chapter 1 introduces the long and difficult process of the theoretical legitimation of the political party as such. The analysis of the meaning and acceptance of ‘parties’ as tools of expressing contrasting visions moves forward from ancient Greece and Rome where (democratic) politics had first become a matter of speculation and practice, and ends up with the first cautious acceptance of parties by eighteenth-century British thinkers. The chapter explores how parties or factions have been constantly considered tools of division of the ‘common wealth’ and the ‘good society’. The holist and monist vision of a harmonious and compounded society, stigmatized parties and factions as an ultimate danger for the political community. Only when a new way of thinking, that is liberalism, emerged, was room for the acceptance of parties set.

The Implementation of Constitutional Reform in the United Kingdom: Principles and Problems

1995 ◽  
Vol 29 (4) ◽  
pp. 551-564
Author(s):  
Dawn Oliver
Keyword(s):  
United Kingdom ◽  
Judicial Review ◽  
Common Law ◽  
Public Law ◽  
Constitutional Reform ◽  
Academic Literature ◽  
The United Kingdom ◽  
The Common ◽  
Executive Agencies ◽  
The Relationship

First, I want to express my gratitude and sense of honour in being invited to deliver the Lionel Cohen lecture for 1995. The relationship between the Israeli and the British legal systems is a close and mutually beneficial one, and we in Britain in particular owe large debts to the legal community in Israel. This is especially the case in my field, public law, where distinguished academics have enriched our academic literature, notably Justice Zamir, whose work on the declaratory judgment has been so influential. Israeli courts, too, have made major contributions to the development of the common law generally and judicial review very notably.In this lecture I want to discuss the process of constitutional reform in the United Kingdom, and to explore some of the difficulties that lie in the way of reform. Some quite radical reforms to our system of government — the introduction of executive agencies in the British civil service, for instance—have been introduced without resort to legislation. There has been a spate of reform to local government and the National Health Service.

Kant and the Common Law: Intersubjectivity in Aesthetic and Legal Judgment

2010 ◽  
Vol 23 (2) ◽  
pp. 429-460
Author(s):  
Douglas E. Edlin
Keyword(s):  
Common Law ◽  
Aesthetic Judgment ◽  
Political Community ◽  
Aesthetic Theory ◽  
Objective Truth ◽  
Core Concepts ◽  
The Common ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This article develops some conceptual correlations between Kant’s theory of aesthetic judgment and the common law tradition of legal judgment. The article argues that legal judgment, like aesthetic judgment, is best conceived in terms of intersubjective validity rather than objective truth. Understanding the parallel between aesthetic and legal judgment allows us to appreciate better the relationship between subjectivity and intersubjectivity, the individual and the community, in the formulation and communication of judgments, which combine a personal response and a reasoned determination intended for a discrete audience. The article frames and pursues these themes in relation to four core concepts in Kant’s aesthetic theory: judgment, communication, community, and disinterestedness. Through sustained comparison and application of these concepts in aesthetic judgment and legal judgment, the article provides a conception of judging that more accurately captures the common law role and relationship of the individual judge and the institutional judiciary as integral parts of the broader legal and political community.

Migration Incorporation Regimes and Institutionalized Forms of Solidarity: Between Unconditional Institutional Solidarity and Welfare Chauvinism

2019 ◽  
Vol 63 (4) ◽  
pp. 506-522
Author(s):  
Eva Fernández G. G.
Keyword(s):  
Political Community ◽  
Cultural Dimensions ◽  
Cultural Barriers ◽  
The Political ◽  
Individual Factors ◽  
Social Rights ◽  
Sociodemographic Characteristics ◽  
And Migration ◽  
Political Economic ◽  
The Relationship

Despite compelling literature, research has so far failed to provide substantive empirical evidence on the relationship between individual preferences on the inclusion of immigrants into institutionalized forms of solidarity and migration incorporation regimes. I argue that, apart from individual factors and welfare state generosity, citizenship models shape citizen’s attitudes on immigrant social rights. Concretely, I examine the effect of the civic and cultural dimensions of the models of citizenship relative to attitudes of unconditional institutional solidarity toward immigrants and welfare chauvinism. The results show that individual attitudes about welfare eligibility of migrants differ among sociodemographic characteristics, political economic orientations, and social depositions of deservingness but at the same time yield from the cultural barriers to the access of immigrants to the political community.

The Priority of Democracy

2011 ◽  
Author(s):  
Jack Knight ◽  
James Johnson
Keyword(s):  
Decision Making ◽  
Monetary Policy ◽  
Political Institutions ◽  
Federal Reserve ◽  
Democratic Politics ◽  
Institutional Choice ◽  
Democratic Process ◽  
Strong Case ◽  
The Subject ◽  
The Relationship

Pragmatism and its consequences are central issues in American politics today, yet scholars rarely examine in detail the relationship between pragmatism and politics. This book systematically explores the subject and makes a strong case for adopting a pragmatist approach to democratic politics—and for giving priority to democracy in the process of selecting and reforming political institutions. What is the primary value of democracy? When should we make decisions democratically and when should we rely on markets? And when should we accept the decisions of unelected officials, such as judges or bureaucrats? This book explores how a commitment to pragmatism should affect our answers to such important questions. It concludes that democracy is a good way of determining how these kinds of decisions should be made—even if what the democratic process determines is that not all decisions should be made democratically. So, for example, the democratically elected U.S. Congress may legitimately remove monetary policy from democratic decision-making by putting it under the control of the Federal Reserve. This book argues that pragmatism offers an original and compelling justification of democracy in terms of the unique contributions democratic institutions can make to processes of institutional choice. This focus highlights the important role that democracy plays, not in achieving consensus or commonality, but rather in addressing conflicts. Indeed, the book suggest that democratic politics is perhaps best seen less as a way of reaching consensus or agreement than as a way of structuring the terms of persistent disagreement.

PERSOALAN KEHIDUPAN KONTEMPORER: MENGGAGAS KAJIAN SACHEDINA TENTANG THEOLOGI PLURALISME

EMPIRISMA ◽  
2017 ◽  
Vol 26 (1) ◽  
Author(s):  
Limas Dodi
Keyword(s):  
Religious Pluralism ◽  
Main Argument ◽  
Religious Groups ◽  
Common View ◽  
The Public ◽  
The People ◽  
Muslim Majority ◽  
The Common ◽  
The Relationship ◽  
Religious Differences

According to Abdulaziz Sachedina, the main argument of religious pluralism in the Qur’an based on the relationship between private belief (personal) and public projection of Islam in society. By regarding to private faith, the Qur’an being noninterventionist (for example, all forms of human authority should not be disturb the inner beliefs of individuals). While the public projection of faith, the Qur’an attitude based on the principle of coexistence. There is the willingness of the dominant race provide the freedom for people of other faiths with their own rules. Rules could shape how to run their affairs and to live side by side with the Muslims. Thus, based on the principle that the people of Indonesia are Muslim majority, it should be a mirror of a societie’s recognizion, respects and execution of religious pluralism. Abdul Aziz Sachedina called for Muslims to rediscover the moral concerns of public Islam in peace. The call for peace seemed to indicate that the existence of increasingly weakened in the religious sense of the Muslims and hence need to be reaffi rmed. Sachedina also like to emphasize that the position of peace in Islam is parallel with a variety of other doctrines, such as: prayer, fasting, pilgrimage and so on. Sachedina also tried to show the argument that the common view among religious groups is only one religion and traditions of other false and worthless. “Antipluralist” argument comes amid the reality of human religious differences. Keywords: Theology, Pluralism, Abdulaziz Sachedina

Migraine: Genetic Variants and Clinical Phenotypes

2019 ◽  
Vol 26 (34) ◽  
pp. 6207-6221 ◽  
Author(s):  
Innocenzo Rainero ◽  
Alessandro Vacca ◽  
Flora Govone ◽  
Annalisa Gai ◽  
Lorenzo Pinessi ◽  
...  
Keyword(s):  
Genetic Variants ◽  
Association Studies ◽  
Mthfr Gene ◽  
Genome Wide Association Studies ◽  
Clinical Phenotypes ◽  
Network Analyses ◽  
Genome Wide ◽  
Genomic Studies ◽  
The Common ◽  
The Relationship

Migraine is a common, chronic neurovascular disorder caused by a complex interaction between genetic and environmental risk factors. In the last two decades, molecular genetics of migraine have been intensively investigated. In a few cases, migraine is transmitted as a monogenic disorder, and the disease phenotype cosegregates with mutations in different genes like CACNA1A, ATP1A2, SCN1A, KCNK18, and NOTCH3. In the common forms of migraine, candidate genes as well as genome-wide association studies have shown that a large number of genetic variants may increase the risk of developing migraine. At present, few studies investigated the genotype-phenotype correlation in patients with migraine. The purpose of this review was to discuss recent studies investigating the relationship between different genetic variants and the clinical characteristics of migraine. Analysis of genotype-phenotype correlations in migraineurs is complicated by several confounding factors and, to date, only polymorphisms of the MTHFR gene have been shown to have an effect on migraine phenotype. Additional genomic studies and network analyses are needed to clarify the complex pathways underlying migraine and its clinical phenotypes.

The Trade Mark, Other Product Designations, and Goodwill

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Trade Mark ◽  
Geographical Indication ◽  
Passing Off ◽  
Rights Protection ◽  
Essential Properties ◽  
The Subject ◽  
The Common ◽  
The Relationship

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.

A comparison of the changes in the patterns of the usage and categorization of the classifier ‘ben 本’ in Korean, Chinese, and Japanese

2021 ◽  
Vol 5 (1) ◽  
pp. 43-51
Author(s):  
Jeong-A Jo
Keyword(s):  
Cultural Differences ◽  
Chinese Character ◽  
Chinese Characters ◽  
Common Features ◽  
The World ◽  
The Common ◽  
Korean Chinese ◽  
The Relationship

This study aims to examine the common features and differences in how the Chinese-character classifier ‘ ben 本’ is used in Chinese, Korean, and Japanese, and will explore the factors that have affected the categorization processes and patterns of the classifier ‘ ben 本.’ Consideration of the differences in the patterns of usage and categorization of the same Chinese classifier in different languages enables us to look into the perception of the world and the socio cultural differences inherent in each language, the differences in the perception of Chinese characters, and the relationship between classifiers.

Pensare Dio. Spunti di riflessione in dialogo con Anca Vasiliu

Elenchos ◽  
2020 ◽  
Vol 41 (1) ◽  
pp. 181-194
Author(s):  
Angela Longo
Keyword(s):  
Late Antiquity ◽  
Human Being ◽  
Common Thread ◽  
Critical Issues ◽  
Relevant Topic ◽  
The Common ◽  
The One ◽  
Relationship Of ◽  
The Relationship ◽  
The Trinity

AbstractThe following work features elements to ponder and an in-depth explanation taken on the Anca Vasiliu’s study about the possibilities and ways of thinking of God by a rational entity, such as the human being. This is an ever relevant topic that, however, takes place in relation to Platonic authors and texts, especially in Late Antiquity. The common thread is that the human being is a God’s creature who resembles him and who is image of. Nevertheless, this also applies within the Christian Trinity according to which, not without problems, the Son is the image of the Father. Lastly, also the relationship of the Spirit with the Father and the Son, always within the Trinity, can be considered as a relationship of similarity, but again not without critical issues between the similarity of attributes, on the one hand, and the identity of nature, on the other.

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