Doch keine Freizügigkeit für Arme? – Zur Notwendigkeit einer Abwägung unterschiedlicher konstitutioneller Interessen

2001 ◽  
Vol 50 (2) ◽  
Author(s):  
Steffen J. Roth

AbstractIn reply to Jörg Markt and Gerhard Schick in this volume, this paper argues for a different view on social assistance and migration. First, this article will present some methodological conditions for constitutional contracts. Lacking empirical testability, the method of constitutional economics particularly needs the revelation of constitutional interests before evaluating alternative rules. By testing the described alternative rules of migration in the face of potential constitutional interests, it will be shown that no rule discussed meets all targets. The reader has to be aware that Märkt/Schick decided to meet the target of free migration for welfare recipients and thereby missed some essential targets of social assistance. In this paper it is questioned, if the objective of free migration for welfare recipients is as important as it looks at first glance. It is argued that liberty as a constitutional interest can be restricted by rational constitutional voters. Behind the veil of uncertainty it might be necessary to limit the external diseconomy from free-riding welfare recipients in social assistance schemes or the external diseconomy from the poor in the utility-interdependence sense. If the reader comes to share this point of view, there is no need to harm the original constitutional interests related to social assistance.

2013 ◽  
Vol 4 (4) ◽  
pp. 425 ◽  
Author(s):  
Sue-Ann Belle MacDonald

<p><span style="font-size: small;"><span style="font-family: Times New Roman;">The major contribution of this article is to address the lack of knowledge regarding homeless youth’s experiences of risk, from their point of view. The youth at-risk field has become a burgeoning area of research that tends to magnify vulnerabilities, yet limits our understanding of complex youth experiences. It is important to highlight another dimension of the homeless youth experience that has rarely been promoted, and that is one of adaptability and creativity encompassed within a framework of survivability and resilience </span>-<span style="font-family: Times New Roman;"> notions that often necessitate taking risks. Drawing on a longitudinal ethnographic study with 18 homeless youth (aged 16 and 17 years old) in Ottawa (Canada), this article paints a more complex understanding of the struggles youth face, in terms of structural (social assistance, housing) and symbolic (stigma, social representations, and identity constructs) constraints. This analysis adds complexity to youth-at-risk discourses and displays the challenges they encounter and the resilient ways in which they seek to overcome obstacles. This paper supports a movement towards recognizing youth strengths and the heterogeneity of their experiences.</span></span></p>


2020 ◽  
Vol 66 (4) ◽  
pp. 363-385
Author(s):  
Lisa Marie Borrelli ◽  
Yann Bochsler

Abstract In contrast to the nexus between welfare and migration control, the link between migration and poverty (or rather the perception of poverty), has not received the same amount of political interest, but also public and scholarly attention. Yet, there are multiple ways in which migrants are rendered or perceived as poor in receiving states after having migrated. Hence, this special issue addresses the intersection of migration and poverty. The contributions cover various socio-legal, political and discursive aspects of how state institutions and non-state agencies address, and how poor citizens and migrant individuals in the broadest sense deal with, precariousness and discrimination in the states where they have settled or within which they have moved. In public and political discourse, migrant individuals are often portrayed as underserving, needy and dependent on the ‘receiving states’. Yet, what is often overlooked is how this assumed dependency is constructed by policies and laws, encouraged by media practices and everyday street-level implementation, to the degree that it demonises the foreign ‘other’, accused of misusing welfare assistance. At the same time, we find similar framings regarding marginalised citizens, such as welfare recipients, which discloses the moral character of social policies and a hierarchy of deservingness-recognition. Within the special issue, we critically discuss how such representations and policy mechanisms allow for the discriminatory circumscription of rights and services of the ‘poor’ and migrants that are deeply embedded in welfare chauvinist attitudes, causing significant control and surveillance by the state.


2003 ◽  
Vol 25 (1) ◽  
Author(s):  
Jörg Märkt

AbstractThis paper analyzes the institution of benefit payments from the constitutional economics point of view. Benefit payments cannot be legitimized only by the veil of uncertainty about the personal future income position. From the constitutional economics perspective, they are only justified if externalities of poverty as a genuine public good problem are taken into account. A system of public benefit payments raise up two problems: first it has to overcome the problem of free-riding with regard to transfer payments, and secondly it should not provide incentives for the beneficiary to restrain the own efforts to work. Hence a double commitment is necessary: On the one hand, this commitment must regulate, in which way a citizen is engaged in the financing transfer payments, and on the other hand it has to include obligations for the potential recipients of the transfer payments to immediately return to working life.


2019 ◽  
Vol 35 (2) ◽  
pp. 255-281
Author(s):  
Sylvia Dümmer Scheel

El artículo analiza la diplomacia pública del gobierno de Lázaro Cárdenas centrándose en su opción por publicitar la pobreza nacional en el extranjero, especialmente en Estados Unidos. Se plantea que se trató de una estrategia inédita, que accedió a poner en riesgo el “prestigio nacional” con el fin de justificar ante la opinión pública estadounidense la necesidad de implementar las reformas contenidas en el Plan Sexenal. Aprovechando la inusual empatía hacia los pobres en tiempos del New Deal, se construyó una imagen específica de pobreza que fuera higiénica y redimible. Ésta, sin embargo, no generó consenso entre los mexicanos. This article analyzes the public diplomacy of the government of Lázaro Cárdenas, focusing on the administration’s decision to publicize the nation’s poverty internationally, especially in the United States. This study suggests that this was an unprecedented strategy, putting “national prestige” at risk in order to explain the importance of implementing the reforms contained in the Six Year Plan, in the face of public opinion in the United States. Taking advantage of the increased empathy felt towards the poor during the New Deal, a specific image of hygienic and redeemable poverty was constructed. However, this strategy did not generate agreement among Mexicans.


2011 ◽  
Vol 5 (3) ◽  
pp. 265-291
Author(s):  
Manuel A. Vasquez ◽  
Anna L. Peterson

In this article, we explore the debates surrounding the proposed canonization of Archbishop Oscar Romero, an outspoken defender of human rights and the poor during the civil war in El Salvador, who was assassinated in March 1980 by paramilitary death squads while saying Mass. More specifically, we examine the tension between, on the one hand, local and popular understandings of Romero’s life and legacy and, on the other hand, transnational and institutional interpretations. We argue that the reluctance of the Vatican to advance Romero’s canonization process has to do with the need to domesticate and “privatize” his image. This depoliticization of Romero’s work and teachings is a part of a larger agenda of neo-Romanization, an attempt by the Holy See to redeploy a post-colonial and transnational Catholic regime in the face of the crisis of modernity and the advent of postmodern relativism. This redeployment is based on the control of local religious expressions, particularly those that advocate for a more participatory church, which have proliferated with contemporary globalization


2018 ◽  
Vol 13 (4) ◽  
pp. 97
Author(s):  
G. E. Bokov

The article is devoted to the study of the worldviews and social contradictions in Russian society on the example of two different positions on the relationship between religion and science. According to one of these positions these relationships are defined as conflict. The second, opposing point of view says there never was and there cannot be any conflict between religion and science. In the publication such points are called “the paradigm of conflict” and “the paradigm of dialogue”. It shows, the first “paradigm” in the Soviet period of Russian history was determined by ideologization of science and was an important part of anti-religious propaganda. On the contrary, “the paradigm of dialogue” has always been represented primarily by religious thinkers. Today it is the official position of the Russian Orthodox Church of the Moscow Patriarchate. The official Church document “The Basis of the Social Concept” says religion and science are designed to complement each other, especially in solving ethical problems that inevitably arise in the face of modern science. However, secular scientists often see in such statements the Church’s claims to active participation in the public life, including the educational process. Representatives of the academic community often speak out against the introduction of the theological educational programs and the theological departments in secular Universities of the Russian Federation. Thus, in contemporary Russian society some continue to believe that there is a conflict between religion and science, while others insist on the need for dialogue.


Author(s):  
Jennifer Knust

The pericope adulterae (John 7:53–8:11) is often interpreted as an inherently feminist story, one that validates women’s humanity in the face of a patriarchal order determined to reduce sexual sinners and women more generally to the status of object. Reading this story within a framework of queer narratology, however, leads to a different point of view, one that challenges the consequences of seeking rescue from a god and a text that are both quite willing to forge male homosocial bonds at a woman’s expense. As the history of this story also shows, texts and their meanings remain unsettled and therefore open to further unpredictable and contingent elaboration. Pondering my own feminist commitments, I attempt to imagine a world and a story where a woman is a person and Jesus is in need of rescue. Perhaps such a world is possible. Or perhaps it is not.


Author(s):  
Samuel K. Cohn, Jr.

This chapter investigates changes in mentalities after the Black Death, comparing practices never before analysed in this context—funerary and labour laws and processions to calm God’s anger. While processions were rare or conflictual as in Catania and Messina in 1348, these rituals during later plagues bound communities together in the face of disaster. The chapter then turns to another trend yet to be noticed by historians. Among the multitude of saints and blessed ones canonized from 1348 to the eighteenth century, the Church was deeply reluctant to honour, even name, any of the thousands who sacrificed their lives to succour plague victims, physically or spiritually, especially in 1348: the Church recognized no Black Death martyrs. By the sixteenth century, however, city-wide processions and other communal rituals bound communities together with charity for the poor, works of art, and charitable displays of thanksgiving to long-dead holy men and women.


2021 ◽  
pp. 136843102098541
Author(s):  
Krzysztof Kędziora

The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception of justice. Habermas argues that Rawls not only incorrectly operationalizes the moral point of view from which we discern what is just but also fails to capture the specificity of democracy which is given by internal relations between politics and law. This deprives Rawls’s political philosophy of the conceptual tools needed to articulate the normative foundation of democracy.


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