scholarly journals Territorial Presence As A Ground For Claims: Some Reflections

2020 ◽  
pp. 53-70
Author(s):  
Linda Bosniak
Keyword(s):  
Migration Policy ◽  
The United States ◽  
The State ◽  
Irregular Migrants ◽  
Liberal Democratic ◽  
Political Perspective ◽  
Bodily Presence ◽  
Legal Position ◽  
Ethical Significance ◽  
Law Making

"Territorial Presence As A Ground For Claims: Some Reflections" returns to political theory to assess the moral and legal position of those individuals who are inside the territory of liberal democratic states, but whose very presence has been unauthorised by the state. The author asks the question as to what their bodily presence means and does from a political perspective. The paper is part of a broader political phenomenology of territoriality in liberal national thought and puts emphasis on the idea that it is migrants’ bodily presence within the state’s territory that lies at the analytical heart of the conversation about irregular immigrants. What is paradoxical about territorial presence of unauthorised migrants is that such presence is simultaneously (1) the source of the offence states invoke as a justification for making them ‘illegal’; (2) the basis for protections the migrants may claim against the state for basic fair treatment while present; and (3) the ground for claims they make (or are made on their behalf) to remain present – i.e., to stay in the territory. Territorial presence is thus a fertile ground for the analysis of arbitrary law-making in migration. The author sets out to analyse some recent legal developments pertaining to the governance of irregular non-citizen immigrants in the United States. These developments bear on the project of theorising "immigrant justice" as resistance to the growing illiberalization of migration policy. In her view, the very existence of a class of people designated as irregular migrants within state polities presupposes that such polities maintain formal exclusionary border regimes and that in such regimes, some persons are predesignated as ineligible for entry. And even though those exclusion rules do not function to fully preclude entry and presence of such persons, states do not treat their arrival as an automatic basis for full membership either. Hence, irregular immigrants are territorially present in a state that purports to eschew that presence. The author then explores how the idea of “sanctuary” relates to the kinds of claims that both liberal humanitarians and immigrant justice advocates have been making over the last few years. These are claims which ground protection in what exponents cite as the overriding ethical significance of immigrants’ territorial presence – their already-hereness – as the basis for recognition and rights. In particular, the author makes the case that even though "sanctuary" provides a logic of safe harbour, it fails to end the predicament of constitutive based in border exclusionism. For her, the political, social, but also philosophical, struggle for the idea of border abolitionism requires a figurative sword that must go beyond sanctuary so that borders are not just mitigated, but radically deconstructed and even destroyed. The author takes this to be the vital imperative that confronts all legal and political theorists who must engage the normative challenge of rethinking arbitrary law-making in view of the new inequalities that a global political order grounded on sovereign borders produces.

War without Citizens

2018 ◽  
Vol 5 (1) ◽  
pp. 18-38
Author(s):  
Stephen J. Rosow
Keyword(s):  
United States ◽  
Consumer Culture ◽  
The United States ◽  
The State ◽  
Political Community ◽  
Democratic Citizenship ◽  
The Political ◽  
The Public ◽  
Liberal Democratic ◽  
Advanced Technologies

Contestation over war memorialization can help democratic theory respond to the current attenuation of citizenship in war in liberal democratic states, especially the United States. As war involves more advanced technologies and fewer soldiers, the relation of citizenship to war changes. In this context war memorialization plays a particular role in refiguring the relation. Current practices of remembering and memorializing war in contemporary neoliberal states respond to a dilemma: the state needs to justify and garner support for continual wars while distancing citizenship from participation. The result is a consumer culture of memorialization that seeks to effect a unity of the political community while it fights wars with few citizens and devalues the public. Neoliberal wars fought with few soldiers and an economic logic reveals the vulnerability to otherness that leads to more active and critical democratic citizenship.

Modes of Immigration Politics in Liberal Democratic States

1995 ◽  
Vol 29 (4) ◽  
pp. 881-902 ◽  
Author(s):  
Gary P. Freeman
Keyword(s):  
World War Ii ◽  
Migration Policy ◽  
The United States ◽  
The European Union ◽  
Liberal Democracies ◽  
Liberal Democratic ◽  
Mass Migration ◽  
Immigration Politics ◽  
English Speaking ◽  
Crisis Conditions

The politics of immigration in liberal democracies exhibits strong similarities that are, contrary to the scholarly consensus, broadly expansionist and inclusive. Nevertheless, three groups of states display distinct modes of immigration politics. Divergent immigration histories mold popular attitudes toward migration and ethnic heterogeneity and affect the institutionalization of migration policy and politics. The English-speaking settler societies (the United States, Canada, and Australia) have histories of periodically open immigration, machineries of immigration planning and regulation, and densely organized webs of interest groups contesting policies. Their institutionalized politics favors expansionary policies and is relatively immune to sharp swings in direction. Many European states (France, Britain, Germany, Switzerland, the Netherlands, Sweden, and Belgium) experienced mass migration only after World War II and in a form that introduced significant non-European minorities. Their immigration politics is shaped by what most see as the unfortunate consequences of those episodes and are partially institutionalized and highly volatile and conflictual. European states until recently sending countries (Spain, Portugal, Italy, and Greece) deal with migration pressures for the first time in their modern histories, under crisis conditions, and in the context of intensifying coordination of policies within the European Union. We should expect the normalization of immigration politics in both sets of European states. Although they are unlikely to appropriate the policies of the English-speaking democracies, which should remain unique in their openness to mass immigration, their approach to immigration will, nevertheless, take the liberal democratic form.

The State, Modernity, and the Fate of Liberalism in Prewar Japan

1992 ◽  
Vol 51 (2) ◽  
pp. 287-316 ◽  
Author(s):  
Germaine A. Hoston
Keyword(s):  
United States ◽  
Immanuel Kant ◽  
John Locke ◽  
Adam Smith ◽  
Final Analysis ◽  
The United States ◽  
The State ◽  
Democratic Politics ◽  
Liberal Democratic ◽  
Laissez Faire

The Political Histories of Western Europe and the United States over the past three hundred years illustrate powerfully how the evolution of fully functioning liberal democratic politics has been linked intimately to the presence of vigorous thinkers and activists dedicated to the pursuit of a liberal polity. The social contract theory of John Locke and Jean-Jacques Rousseau, the constitutionalism of Baron Charles de Montesquieu, the laissez-faire economics of Adam Smith, and the reflections of Thomas Jefferson, James Madison, and Alexander Hamilton on the challenges of competitive politics all helped to lay the groundwork for the achievement of liberal democratic politics in France, England, and the United States. Particular strains of political thought found in these and other thinkers help to account for the similarities and differences among the world's historic experiments in bourgeois democracy. French liberalism, which had no Thomas Hobbes seeking eloquently to defend monarchical absolutism, ultimately could not accommodate royal prerogative to democratic politics; and, lacking an Adam Smith to assert the primacy of economic laissez-faire, it showed no fundamental antipathy to the centralized state in its political practice. A more dramatic contrast is afforded by the fragile and short-lived democracy of Weimar Germany, nurtured in soil where G. W. F. Hegel's organic conception of the state and the doctrines of state sovereignty that legitimated the regime of Otto von Bismarck overwhelmed the contributions of Immanuel Kant and Wilhelm von Humboldt to liberal theory. In the final analysis, to be sure, the presence or absence of absolutism and its defenders, of laissez-faire economics and its rationalizers is attributable to other factors deep in the history and culture of each society. Yet, in all these cases, the historical relationship between thought and politics is clear and striking.

Varied Responses to Human-Induced Seismicity in the City of Azle, Texas

2019 ◽  
Vol 3 (1) ◽  
pp. 1-8
Author(s):  
Sarmistha R. Majumdar
Keyword(s):  
State Government ◽  
Induced Seismicity ◽  
Oil And Gas ◽  
The United States ◽  
The State ◽  
Prior History ◽  
Small Community ◽  
Regulatory Policies ◽  
The Status

Fracking has helped to usher in an era of energy abundance in the United States. This advanced drilling procedure has helped the nation to attain the status of the largest producer of crude oil and natural gas in the world, but some of its negative externalities, such as human-induced seismicity, can no longer be ignored. The occurrence of earthquakes in communities located at proximity to disposal wells with no prior history of seismicity has shocked residents and have caused damages to properties. It has evoked individuals’ resentment against the practice of injection of fracking’s wastewater under pressure into underground disposal wells. Though the oil and gas companies have denied the existence of a link between such a practice and earthquakes and the local and state governments have delayed their responses to the unforeseen seismic events, the issue has gained in prominence among researchers, affected community residents, and the media. This case study has offered a glimpse into the varied responses of stakeholders to human-induced seismicity in a small city in the state of Texas. It is evident from this case study that although individuals’ complaints and protests from a small community may not be successful in bringing about statewide changes in regulatory policies on disposal of fracking’s wastewater, they can add to the public pressure on the state government to do something to address the problem in a state that supports fracking.

Is This the Care We Need?: An Examination of Childcare Policy in Pennsylvania

Commonwealth ◽  
2017 ◽  
Vol 19 (2) ◽  
Author(s):  
Jennie Sweet-Cushman ◽  
Ashley Harden
Keyword(s):  
United States ◽  
Child Care ◽  
Current System ◽  
The United States ◽  
The State ◽  
Federal State ◽  
Women And Politics ◽  
Richard Nixon ◽  
State And Local ◽  
Childcare Policy

For many families across Pennsylvania, child care is an ever-present concern. Since the 1970s, when Richard Nixon vetoed a national childcare program, child care has received little time in the policy spotlight. Instead, funding for child care in the United States now comes from a mixture of federal, state, and local programs that do not help all families. This article explores childcare options available to families in the state of Pennsylvania and highlights gaps in the current system. Specifically, we examine the state of child care available to families in the Commonwealth in terms of quality, accessibility, flexibility, and affordability. We also incorporate survey data from a nonrepresentative sample of registered Pennsylvania voters conducted by the Pennsylvania Center for Women and Politics. As these results support the need for improvements in the current childcare system, we discuss recommendations for the future.

Liberal Internationalism from George W. Bush to Barack Obama

2017 ◽  
Author(s):  
Tony Smith
Keyword(s):  
United States ◽  
The United States ◽  
Barack Obama ◽  
Democratic Peace ◽  
War On Terrorism ◽  
Global War On Terrorism ◽  
Liberal Internationalism ◽  
Liberal Democratic ◽  
The Subject ◽  
Global War

This chapter examines the United States' liberal democratic internationalism from George W. Bush to Barack Obama. It first considers the Bush administration's self-ordained mission to win the “global war on terrorism” by reconstructing the Middle East and Afghanistan before discussing the two time-honored notions of Wilsonianism espoused by Democrats to make sure that the United States remained the leader in world affairs: multilateralism and nation-building. It then explores the liberal agenda under Obama, whose first months in office seemed to herald a break with neoliberalism, and his apparent disinterest in the rhetoric of democratic peace theory, along with his discourse on the subject of an American “responsibility to protect” through the promotion of democracy abroad. The chapter also analyzes the Obama administration's economic globalization and concludes by comparing the liberal internationalism of Bush and Obama.

Development of the Concepts for Providing Close Air Support

2020 ◽  
Vol 26 (1) ◽  
pp. 64-74
Author(s):  
Hristov Manush
Keyword(s):  
United States ◽  
Air Force ◽  
The United States ◽  
Second World War ◽  
The State ◽  
World War ◽  
Present Stage ◽  
Combat Experience ◽  
Second World

AbstractThe main objective of the study is to trace the perceptions of the task of an aviation component to provide direct aviation support to both ground and naval forces. Part of the study is devoted to tracing the combat experience gained during the assignment by the Bulgarian Air Force in the final combat operations against the Wehrmacht during the Second World War 1944-1945. The state of the conceptions at the present stage regarding the accomplishment of the task in conducting defensive and offensive battles and operations is also considered. Emphasis is also placed on the development of the perceptions of the task in the armies of the United States and Russia.

Environmentalists, Nuclear Waste, and the Politics of Passive Exclusion in Germany

2001 ◽  
Vol 19 (4) ◽  
pp. 43-63 ◽  
Author(s):  
Christian Hunold
Keyword(s):  
Public Policy ◽  
Public Sphere ◽  
Nuclear Waste ◽  
Environmental Movement ◽  
The State ◽  
Radioactive Wastes ◽  
Liberal Democratic ◽  
Democratic State ◽  
Ecological Democracy ◽  
Over Time

In this essay I examine the dispute between the German GreenParty and some of the country’s environmental nongovernmentalorganizations (NGOs) over the March 2001 renewal of rail shipmentsof highly radioactive wastes to Gorleben. My purpose indoing so is to test John Dryzek’s 1996 claim that environmentalistsought to beware of what they wish for concerning inclusion in theliberal democratic state. Inclusion on the wrong terms, arguesDryzek, may prove detrimental to the goals of greening and democratizingpublic policy because such inclusion may compromise thesurvival of a green public sphere that is vital to both. Prospects forecological democracy, understood in terms of strong ecologicalmodernization here, depend on historically conditioned relationshipsbetween the state and the environmental movement that fosterthe emergence and persistence over time of such a public sphere.

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