Freedom Culture And The Right To Exclude
Download Freedom Culture And The Right To Exclude full books in PDF, epub, and Kindle. Read online free Freedom Culture And The Right To Exclude ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Uwe Steinhoff |
| Publisher | : Routledge |
| Total Pages | : 227 |
| Release | : 2022-04-19 |
| Genre | : Philosophy |
| ISBN | : 1000568210 |
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.
| Author | : James Penner |
| Publisher | : Cambridge University Press |
| Total Pages | : 253 |
| Release | : 2018-08-30 |
| Genre | : Law |
| ISBN | : 110842242X |
The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.
| Author | : Michael D. McNally |
| Publisher | : Princeton University Press |
| Total Pages | : 400 |
| Release | : 2020-04-14 |
| Genre | : History |
| ISBN | : 0691190909 |
"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
| Author | : Nancy MacLean |
| Publisher | : Harvard University Press |
| Total Pages | : 500 |
| Release | : 2006 |
| Genre | : Business & Economics |
| ISBN | : 9780674027497 |
In the 1950s, the exclusion of women and of black and Latino men from higher-paying jobs was so universal as to seem normal to most Americans. Today, diversity in the workforce is a point of pride. How did such a transformation come about? In this bold and groundbreaking work, Nancy MacLean shows how African-American and later Mexican-American civil rights activists and feminists concluded that freedom alone would not suffice: access to jobs at all levels is a requisite of full citizenship. Tracing the struggle to open the American workplace to all, MacLean chronicles the cultural and political advances that have irrevocably changed our nation over the past fifty years. Freedom Is Not Enough reveals the fundamental role jobs play in the struggle for equality. We meet the grassroots activists—rank-and-file workers, community leaders, trade unionists, advocates, lawyers—and their allies in government who fight for fair treatment, as we also witness the conservative forces that assembled to resist their demands. Weaving a powerful and memorable narrative, MacLean demonstrates the life-altering impact of the Civil Rights Act and the movement for economic advancement that it fostered. The struggle for jobs reached far beyond the workplace to transform American culture. MacLean enables us to understand why so many came to see good jobs for all as the measure of full citizenship in a vital democracy. Opening up the workplace, she shows, opened minds and hearts to the genuine inclusion of all Americans for the first time in our nation’s history.
| Author | : Bychawska-Siniarska, Dominika |
| Publisher | : Council of Europe |
| Total Pages | : 124 |
| Release | : 2017-08-04 |
| Genre | : Political Science |
| ISBN | : |
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.
| Author | : Christopher Heath Wellman |
| Publisher | : OUP USA |
| Total Pages | : 350 |
| Release | : 2011-09-30 |
| Genre | : Philosophy |
| ISBN | : 0199731721 |
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.
| Author | : David C. Rose |
| Publisher | : OUP USA |
| Total Pages | : 284 |
| Release | : 2011-11-25 |
| Genre | : Business & Economics |
| ISBN | : 0199781745 |
It then identifies specific characteristics that moral beliefs must have for the people who possess them to be regarded as trustworthy.
| Author | : Charles L. Black |
| Publisher | : Yale University Press |
| Total Pages | : 204 |
| Release | : 1997-01-01 |
| Genre | : Political Science |
| ISBN | : 9780300153637 |
"Many . . . unwritten rights are somehow inherent in the American scheme of democracy. So where do these freedoms come from? . . . One of the nation`s most venerated thinkers about such matters offers a provocative and refreshing way to answer that question."—Neil A. Lewis, New York Times Book Review "An appealing interpretation of the founding papers."—Michael G. Radigan, New York Law Journal "A remarkably interesting book. It offers a way of looking at the Constitution that I had not thought about before."—Sanford Levinson, School of Law, University of Texas at Austin One of the most respected scholars of constitutional law here argues for a national commitment to human rights based on his interpretation of three critical documents: the Declaration of Independence, the Ninth Amendment to the Constitution, and the "citizenship" and "privileges and immunities" clauses of the Fourteenth Amendment. The book presents a powerful case for reviewing and renewing the basis of our most important human rights.
| Author | : Tyler Stovall |
| Publisher | : Princeton University Press |
| Total Pages | : 456 |
| Release | : 2022-08-23 |
| Genre | : History |
| ISBN | : 069120537X |
The racist legacy behind the Western idea of freedom The era of the Enlightenment, which gave rise to our modern conceptions of freedom and democracy, was also the height of the trans-Atlantic slave trade. America, a nation founded on the principle of liberty, is also a nation built on African slavery, Native American genocide, and systematic racial discrimination. White Freedom traces the complex relationship between freedom and race from the eighteenth century to today, revealing how being free has meant being white. Tyler Stovall explores the intertwined histories of racism and freedom in France and the United States, the two leading nations that have claimed liberty as the heart of their national identities. He explores how French and American thinkers defined freedom in racial terms and conceived of liberty as an aspect and privilege of whiteness. He discusses how the Statue of Liberty—a gift from France to the United States and perhaps the most famous symbol of freedom on Earth—promised both freedom and whiteness to European immigrants. Taking readers from the Age of Revolution to today, Stovall challenges the notion that racism is somehow a paradox or contradiction within the democratic tradition, demonstrating how white identity is intrinsic to Western ideas about liberty. Throughout the history of modern Western liberal democracy, freedom has long been white freedom. A major work of scholarship that is certain to draw a wide readership and transform contemporary debates, White Freedom provides vital new perspectives on the inherent racism behind our most cherished beliefs about freedom, liberty, and human rights.
| Author | : Sharon R. Krause |
| Publisher | : University of Chicago Press |
| Total Pages | : 260 |
| Release | : 2015-03-13 |
| Genre | : Philosophy |
| ISBN | : 022623472X |
What does it mean to be free? We invoke the word frequently, yet the freedom of countless Americans is compromised by social inequalities that systematically undercut what they are able to do and to become. If we are to remedy these failures of freedom, we must move beyond the common assumption, prevalent in political theory and American public life, that individual agency is best conceived as a kind of personal sovereignty, or as self-determination or control over one’s actions. In Freedom Beyond Sovereignty, Sharon R. Krause shows that individual agency is best conceived as a non-sovereign experience because our ability to act and affect the world depends on how other people interpret and respond to what we do. The intersubjective character of agency makes it vulnerable to the effects of social inequality, but it is never in a strict sense socially determined. The agency of the oppressed sometimes surprises us with its vitality. Only by understanding the deep dynamics of agency as simultaneously non-sovereign and robust can we remediate the failed freedom of those on the losing end of persistent inequalities and grasp the scope of our own responsibility for social change. Freedom Beyond Sovereignty brings the experiences of the oppressed to the center of political theory and the study of freedom. It fundamentally reconstructs liberal individualism and enables us to see human action, personal responsibility, and the meaning of liberty in a totally new light.
