Liberal Self-Determination, Discrimination, and the Right to Exclude

2021 ◽  
pp. 47-68
Author(s):  
Luara Ferracioli
Keyword(s):  
Building Blocks ◽  
Prima Facie ◽  
Self Determination ◽  
Liberal Theory ◽  
New Members ◽  
Psychological Harm ◽  
The Right

This chapter defends one of the building blocks of a complete liberal theory of immigration by defending an account of the state’s prima facie right to exclude that has the resources to explain what is wrong with “discriminatory” exclusion in the area of immigration—that is, exclusion on the basis of morally arbitrary features, such as sex, sexuality, and race. Like other statist accounts, the chapter appeals to a right to self-determination to justify a state’s right to exclude. But unlike these other theories, it does not appeal to the psychological harm of insult. The focus is instead on the liberal aspect of self-determination and the surprising ways in which liberal principles constrain the state’s right to both include and exclude prospective new members.

The Nation as a Communal Good: A Nationalist Response to the Liberal Conception of Community

1999 ◽  
Vol 32 (4) ◽  
pp. 665-689 ◽  
Author(s):  
Siobhan Harty
Keyword(s):  
Cultural Preservation ◽  
Self Determination ◽  
Liberal Theory ◽  
The Political ◽  
Liberal Conception ◽  
Explicit Recognition ◽  
The Individual ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

AbstractRecent work in the field of liberal political philosophy has focused on the value of cultural communities for the individual. The claim that liberal theory can give explicit recognition to the fact that individuals are rooted in a social context has produced an important debate about the preservation of minority cultures and a liberal defence of nationalism. This literature should be of interest to scholars of nationalism because liberal theorists have used concepts related to the nation, such as self-determination, in ways that go against conventional usage, and liberal theorists have made claims about the relationship of the right and the good with which some students of nationalism would disagree. This article presents a nationalist response to the liberal conception of community by developing one possible nationalist argument for the priority of the good over the right by claiming that the nation is a communal good. The author illustrates this argument with examples of the political projects of nationalists-in-government in the developed West. Liberals need not be concerned with this reality since democratic institutions will set some limits on nationalist projects by ensuring that they are the outcome of democratic processes. On this view, the importance of self-determination is that it provides the context for the creation of institutions for a debate about the relationship of the right and the good. Self-determination does not, as some liberal nationalists argue, constitute an automatic right to cultural preservation.

Autonomy and Consent

2020 ◽  
pp. 19-36
Author(s):  
Stuart P. Green
Keyword(s):  
Prima Facie ◽  
Sexual Contact ◽  
Self Determination ◽  
Sexual Autonomy ◽  
Fundamental Distinction ◽  
State Of Mind ◽  
Sexual Conduct ◽  
Consensual Sex ◽  
The Right ◽  
Nonconsensual Sex

This chapter considers the concepts of sexual autonomy and consent. Sexual autonomy is conceived of as a “bundle” of prima facie rights organized around the idea of securing for the holder various forms of sexual self-determination. There is a distinction between negative sexual autonomy (the right not to engage in, or be subject to, one or another form of sexual conduct) and positive sexual autonomy (the prima facie right to engage in such conduct). Sexual autonomy is violated either when a person is subjected to nonconsensual sex (usually by another individual) or when a person is prevented from engaging in consensual sex (typically by operation of law). To consent to sexual contact is essentially to waive the right not to have such contact. Consent also relieves those to whom it is given of the obligation to refrain from contact. Consent involves a “binary” judgment reflecting various “scalar” qualities (meaning that it is a yes/no kind of judgment that typically turns on the existence of a property that is a matter of degree). Of particular concern here is the distinction between consent and mere “unwantedness.” A fundamental distinction is also made concerning consent in an “attitudinal” or “mental” sense (a state of mind of acquiescence), consent in a “communicative” sense (consent that is conveyed to another in words or actions), and consent in a “prescriptive” sense (consent that is regarded as normatively or legally valid). Further, for consent to be prescriptively valid, it must be voluntary, knowing, and competent.

scholarly journals Abortion - a philosophical perspective

Curationis ◽  
2001 ◽  
Vol 24 (4) ◽  
Author(s):  
MN Jali
Keyword(s):  
Human Life ◽  
Prima Facie ◽  
The Other ◽  
Self Determination ◽  
Philosophical Perspective ◽  
Basic Principles ◽  
Abortion Debate ◽  
The Moment ◽  
The Right ◽  
Potential Person

The central issue in the abortion debate is the moral status of the conceptus. There are two positions that argue this issue. At one extreme are the views of the pro-life group which argues that human life begins at the moment of conception whilst at the other are views of the pro-choice group that argues in favour of a woman’s right to self-determination. Two basic principles come into conflict in this debate, namely the Value of Life and that of Self-determination. In this paper the arguments forwarded by each group in justification of its position are presented. Also discussed is the moderate developmental viewpoint which accepts that the genetic basis of an individual is established at conception. Some development, however, has to occur before the conceptus can be called a person. The fact that an entity is a potential person is a prima facie reason for not destroying it. On the other hand, we need not conclude that a person has a right to life by virtue of that potentiality. Simultaneously we should recognise that the right a potential entity has, may be nullified by the woman’s right to self-determination.

Suicidal Ideation and Self-Determination in Institutionalized Elderly

Crisis ◽  
2001 ◽  
Vol 22 (1) ◽  
pp. 15-19 ◽  
Author(s):  
Andrée Fortin ◽  
Sylvie Lapierre ◽  
Jacques Baillargeon ◽  
Réal Labelle ◽  
Micheline Dubé ◽  
...  
Keyword(s):  
Self Determination ◽  
Current Debate ◽  
Elderly Persons ◽  
Rational Suicide ◽  
Institutionalized Elderly ◽  
Significant Difference ◽  
Social Subscale ◽  
Civil Status ◽  
The Right ◽  
Taking Action

The right to self-determination is central to the current debate on rational suicide in old age. The goal of this exploratory study was to assess the presence of self-determination in suicidal institutionalized elderly persons. Eleven elderly persons with serious suicidal ideations were matched according to age, sex, and civil status with 11 nonsuicidal persons. The results indicated that suicidal persons did not differ from nonsuicidal persons in level of self-determination. There was, however, a significant difference between groups on the social subscale. Suicidal elderly persons did not seem to take others into account when making a decision or taking action. The results are discussed from a suicide-prevention perspective.

THE FACTORS OF CAREER SELF-DETERMINATION OF STUDENTS OF HIGHER EDUCATION INSTITUTIONS

2019 ◽  
Vol 7 (1) ◽  
pp. 9-20
Author(s):  
Inna Yeung
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Well Being ◽  
Young Person ◽  
Self Determination ◽  
Full Time ◽  
Actual Problem ◽  
The Third ◽  
The Right

Choice of profession is a social phenomenon that every person has to face in life. Numerous studies convince us that not only the well-being of a person depends on the chosen work, but also his attitude to himself and life in general, therefore, the right and timely professional choice is very important. Research about factors of career self-determination of students of higher education institutions in Ukraine shows that self-determination is an important factor in the socialization of young person, and the factors that determine students' career choices become an actual problem of nowadays. The present study involved full-time and part-time students of Institute of Philology and Mass Communications of Open International University of Human Development "Ukraine" in order to examine the factors of career self-determination of students of higher education institutions (N=189). Diagnostic factors of career self-determination of students studying in the third and fourth year were carried out using the author's questionnaire. Processing of obtained data was carried out using the Excel 2010 program; factorial and comparative analysis were applied. Results of the study showed that initial stage of career self-determination falls down on the third and fourth studying year at the university, when an image of future career and career orientations begin to form. At the same time, the content of career self-determination in this period is contradictory and uncertain, therefore, the implementation of pedagogical support of this process among students is effective.

Palestinian Diaspora Communities in Latin America and Palestinian Statehood

2020 ◽  
Vol 19 (1) ◽  
pp. 101-120
Author(s):  
Yousef M. Aljamal ◽  
Philipp O. Amour
Keyword(s):  
Latin America ◽  
South America ◽  
Latin American ◽  
Economic Life ◽  
Self Determination ◽  
The Political ◽  
Middle Classes ◽  
Latin Americans ◽  
Political Views ◽  
The Right

There are some 700,000 Latin Americans of Palestinian origin, living in fourteen countries of South America. In particular, Palestinian diaspora communities have a considerable presence in Chile, Honduras, and El Salvador. Many members of these communities belong to the professional middle classes, a situation which enables them to play a prominent role in the political and economic life of their countries. The article explores the evolving attitudes of Latin American Palestinians towards the issue of Palestinian statehood. It shows the growing involvement of these communities in Palestinian affairs and their contribution in recent years towards the wide recognition of Palestinian rights — including the right to self-determination and statehood — in Latin America. But the political views of members of these communities also differ considerably about the form and substance of a Palestinian statehood and on the issue of a two-states versus one-state solution.

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