Description |
1 online resource (227 pages) |
Contents |
Front Cover; On the Right of Exclusion; Copyright Page; Contents; Acknowledgements; Introduction; 1. A legal problem: exclusion without justification; Policies, authorities and migrants; Exclusion; Justification; Searching for justification; How the law justifies exclusion without justification; 2. Exclusion and standard prerogatives of sovereignty; Territorial integrity and jus excludendi alios; Property theory; State liberty; Outdated and incoherent; Conclusion; 3. The exclusion thesis; Jus includendi et excludendi according to Hans Lindahl; Legal order and borders |
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'De facto' nature of the first borders and the right to excludeExclusion as legal interpretation: legal, illegal and a-legal; Exclusion as inevitable omnipresent violence; Re-presenting the inside and outside; Immigrant as state of exception and bare life. Agamben and the exclusion thesis; Bare life and the state of exception as'undecidability'; Exclusion thesis and the immigrant as 'homo sacer'; No justification. Just 'an open space of pure human praxis'; Carl Schmitt and the exclusion thesis; 'Hegung des Krieges' and law as concrete order |
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Jus publicum Europeanum: Sovereign Power and 'Justus Hostis' in EuropeThe end of the European Nomos; The restoration of the Nomos: state of exception; Hegung des Krieges and the exclusion thesis; Recapitulating the central tenets of the exclusion thesis; 4. Orders without borders: refuting the exclusion thesis; Order without land and taking; Inclusion does not imply exclusion; 'Here' and 'there'; 'Us' and 'them'; Exclusion and distribution; Exclusion and corrective justice; 'In' and 'ex'; Order as connections: orders without borders; The deeper problem: law as unity |
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Alternative: open system and connectionsLaw between real and ideal; Law as passage and connections; Orders without borders; 5. Inclusion for the sake of exclusion: the authority of immigration laws; Preliminary remarks on the use of Raz' authority thesis; The authority of law: an extended reading of Joseph Raz' authority thesis; Having and claiming authority; Authority is a matter of degree; Absence of CLA, de facto authority, existence of law and legal validity; Relative legal validity; Recapitulating central tenets extended authority thesis; The authority of admission laws |
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Reform or relative legal invalidity6. The first burden of justification; Ethics of migration and fixing a new default position; Admission, free movement and liberalism; Shifting the burden of justification; Moral and communitarian objections to admission; Counter-arguments from minimal morality and contextual pluralism; Immigration restrictions do not build a community; Prudential and realistic arguments against general admission; Conclusion; 7. Institutional proposal: testing the proportionality of exclusion; Central tenets of the Draft; Inadequacy of the Draft's legal basis |
Summary |
On the Right of Exclusion: Law, Ethics and Immigration Policy addresses Western immigration policies regarding so-called 'normal migrants', i.e. migrants without a legal right to admission. The book argues that if authorities cannot substantially justify the exclusion of a normal migrant, the latter should be admitted. By contrast, today authorities still believe they may deny normal migrants admission to the territory without giving them proper justification. Bas Schotel challenges this state of affairs and calls for a reversal of the default position in admission laws. The justification shou |
Notes |
Procedural rights instead of a material right to admission |
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Print version record |
Form |
Electronic book
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ISBN |
9780203802922 |
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0203802926 |
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