Balibar, citizenship, and the return of right populism

2019 ◽  
Vol 46 (3) ◽  
pp. 323-341
Author(s):  
Geoff Pfeifer
Keyword(s):  
Human Rights ◽  
Immanuel Kant ◽  
Recent Work ◽  
State System ◽  
Modern World ◽  
Nation State ◽  
Philosophical Thought ◽  
The Third ◽  
Full Benefit ◽  
The Right

Arendt famously pointed out that only citizenship actually confers rights in the modern world. To be a citizen is to be one who has the ‘right to have rights’. Arendt’s analysis emerges out of her recognition that there is a contradiction between this way of conferring rights as tied to the nation-state system and the more philosophical and ethical conceptions of the ‘rights of man’ and notions of ‘human rights’ like those championed by thinkers such as Immanuel Kant who understands rights belonging universally to all humans as a result of facts having to do with what it means to be human. Étienne Balibar, in his recent work, adds to this by pointing out that there is a contradictory movement between this universalizing tendency in philosophical thought and the production of the citizen-subject out of the exclusionary acts of law and force. In this article, I put Balibar’s work in dialogue with the contemporary moment where we are witnessing the re-emergence of a nativist right populism. I use Balibar to help distinguish between three modes of political existence that we find today. Two of these three are more or less well understood. They are the non-citizen, who has no – or almost no – rights in a given nation-state and the citizen who enjoys the full benefit of the rights a given nation-state has to give. The third category is what I term the ‘nominal citizen’. This last category is somewhere in between full citizenship and non-citizenship. Individuals in this last category have rights in name but are largely unable to exercise them. Understanding this last category can, among other things, help us at least partially make sense of the return of right populism and also help us see the ways in which the modern category of citizenship, with its contradictions as elaborated by Balibar, can provide a means for resistance.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

Religion and Toleration from the Enlightenment to the Post-Secular Era

2017 ◽  
Author(s):  
Rainer Forst
Keyword(s):  
Immanuel Kant ◽  
Recent Work ◽  
Common Ground ◽  
Fundamental Question ◽  
Modern World ◽  
Human Beings ◽  
Human Reason ◽  
The Enlightenment ◽  
Pierre Bayle ◽  
The Relationship

This chapter addresses the classical question of the relationship between enlightenment and religion. In doing so, the chapter compares Jürgen Habermas's thought to that of Pierre Bayle and Immanuel Kant. For, although Habermas undoubtedly stands in a tradition founded by Bayle and Kant, he develops a number of important orientations within this tradition and has changed his position in his recent work. The chapter studies this change to understand Habermas's position better. It also draws attention to a fundamental question raised by the modern world: what common ground can human reason establish in the practical and theoretical domain between human beings who are divided by profoundly different religious (including antireligious) views?

Rights and Demands

2018 ◽  
Author(s):  
Margaret Gilbert
Keyword(s):  
Human Rights ◽  
Immanuel Kant ◽  
Moral Argument ◽  
Joint Commitment ◽  
Social Phenomena ◽  
Joel Feinberg ◽  
Joseph Raz ◽  
The Right ◽  
Judith Thomson ◽  
Stephen Darwall

This book is the first extended treatment of demand-rights, a class of rights apt to be considered rights par excellence. Centrally, to have a demand-right is to have the standing or authority to demand a particular action from another person, who has a correlative obligation to the right-holder. How are demand-rights possible? Linking its response to central themes and positions within rights theory, Rights and Demands argues for two main theses. First, joint commitment, in a sense that is explained, is a ground of demand-rights. Second, it may well be their only ground. The first thesis is developed with special reference to agreements and promises, generally understood to ground demand-rights. It argues that both of these phenomena are constituted by joint commitments, and that this is true of many other central social phenomena also. In relation to the second thesis it considers the possibility of demand-rights whose existence can be demonstrated by moral argument without appeal to any joint commitment, and the possibility of accruing demand-rights through the existence of a given legal system or other institution construed without any such appeal. The relevance of the book’s conclusions to our understanding of human rights is then explained. Classic and contemporary rights theorists whose work is discussed include Wesley Hohfeld, H. L. A. Hart, Joel Feinberg, Immanuel Kant, Thomas Scanlon, Judith Thomson, Joseph Raz, and Stephen Darwall.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

2. States, Nations, and Empires

2021 ◽  
pp. 27-47
Author(s):  
Stephanie Lawson
Keyword(s):  
Seventeenth Century ◽  
Political Ideology ◽  
The State ◽  
State System ◽  
Political Order ◽  
Modern World ◽  
Modern State ◽  
Nation State ◽  
Global Order ◽  
European State

This chapter discusses what is often regarded as the central institution, not only of domestic or national political order but also of current international or global order—the state. Alongside the state, we must also consider the idea of the nation and the ideology of nationalism—perhaps the most powerful political ideology to emerge in the modern world. There is, however, another form of international political order that has actually been far more common throughout history, and that is empire. With the rise of modernity from around the beginning of the seventeenth century, we also encounter the rise of the modern state and state system in Europe along with ideas about sovereignty, citizenship, the nation-state, and democracy. The chapter then looks at the effective globalization of the European state system through modern imperialism and colonialism and the extent to which these have been productive of contemporary global order.

L'État-nation, Une forme de fermeture sociale

1996 ◽  
Vol 37 (1) ◽  
pp. 163-179 ◽  
Author(s):  
Andreas Wimmer
Keyword(s):  
Critical Examination ◽  
Social Rights ◽  
Nation State ◽  
Social Formation ◽  
Public And Private ◽  
Southern States ◽  
The Third ◽  
The People ◽  
The Right ◽  
The Relationship

The study begins with a critical examination of two opposing, theories of nationalism. Next, the relationship between the State and nationalism in the form of the nation state is seen as a process of social formation during which a compromise is established between public and private elites, and the people: loyalty is exchanged for the right to participate in social rights. In the third part, the author considers the future of a number of Southern states in relation to the fundamentals of nation formation.

Self-Determination, Human Rights, and the Nation-State

2017 ◽  
Vol 19 (4-5) ◽  
pp. 443-484
Author(s):  
Gaetano Pentassuglia
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Groups ◽  
Self Determination ◽  
Nation State ◽  
International Human Rights Law ◽  
General Process ◽  
Cultural Minority ◽  
The Right

Abstract In this article I examine selective dimensions of the nexus among the right to self-determination, human rights, and the ‘nation-state’ as they relate to claims made by certain ethno-cultural minority groups. I first discuss some conceptual extensions of ‘national’ claims and their underlying relation to international law and state sovereignty. Then, I critique elements of ‘national’ self-determination that are supposedly constitutive of the law of self-determination, including arguments about sub-national groups as ‘peoples’, and discuss some alternative approaches to the role of international law vis-à-vis this sort of claims. Finally, I argue that international human rights law can offer a synthesis of the above nexus insofar as it works, not so much as a platform for accepting or rejecting seemingly ‘absolute’ rights or solely enabling legal-institutional ad hocism, but rather as a general process-based framework for assessing group- related pathologies that are (directly or indirectly) of international law’s own making.

The Fate of Human Rights in the Third World

1975 ◽  
Vol 27 (2) ◽  
pp. 201-226 ◽  
Author(s):  
Rupert Emerson
Keyword(s):  
Human Rights ◽  
Third World ◽  
Authoritarian Regimes ◽  
Self Determination ◽  
Right To Life ◽  
Popular Participation ◽  
The Third ◽  
The Right ◽  
The Third World ◽  
The Military

The new Asian and African states have laid much stress on human rights, but have often not lived up to them. The basic right of self-determination has been limited to colonies only. Democratic institutions have generally given way to authoritarian regimes, often run by the military, with popular participation denied rather than encouraged. The right to life, liberty, and security of person has been grossly violated in the cases of millions of refugees, temporary and permanent, in Africa and the Asian subcontinent. Many hundreds of thousands have been killed in domestic conflicts, as in Indonesia, Nigeria, and Burundi. One of the results is the emergence of a double standard: an all-out African and Asian attack upon the denial of human rights involved in colonialism and racial discrimination, but a refusal to face up to massive violations of human rights in the Third World itself.

scholarly journals The role of endowments in the realization of peace and human rights

2021 ◽  
Vol 9 (SPE1) ◽  
Author(s):  
Jafar Sabbaghian Deloui ◽  
Ali Pourqasab Amiri ◽  
Alireza Jahangiri ◽  
Ahmad Reza Behniafar
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Third Generation ◽  
Right To Education ◽  
The Third ◽  
Right To Development ◽  
Positive Peace ◽  
The Right ◽  
Economic Inequalities

The results of this article indicate that positive peace focuses on health, disease and the fight against disease, poverty, social and economic inequalities, and the realization of social justice and at the same time, the components of the third generation of human rights are trying to realize such things as the right to development, the right to education and the right to occupation that due to its functions, endowment plays an important role in providing the mentioned items. In conclusion, it can be said that endowment is effective in strengthening and promoting positive peace and the components of the third generation of human rights.

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