The Right To Exclude
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Property Theory
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Author : James Penner
language : en
Publisher: Cambridge University Press
Release Date : 2018-08-30
Property Theory written by James Penner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-30 with Law categories.
The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.
Do States Have The Right To Exclude Immigrants
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Author : Christopher Bertram
language : en
Publisher: John Wiley & Sons
Release Date : 2018-06-28
Do States Have The Right To Exclude Immigrants written by Christopher Bertram and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-28 with Philosophy categories.
States claim the right to choose who can come to their country. They put up barriers and expose migrants to deadly journeys. Those who survive are labelled ‘illegal’ and find themselves vulnerable and unrepresented. The international state system advantages the lucky few born in rich countries and locks others into poor and often repressive ones. In this book, Christopher Bertram skilfully weaves a lucid exposition of the debates in political philosophy with original insights to argue that migration controls must be justifiable to everyone, including would-be and actual immigrants. Until justice prevails, states have no credible right to exclude and no-one is obliged to obey their immigration rules. Bertram’s analysis powerfully cuts through the fog of political rhetoric that obscures this controversial topic. It will be essential reading for anyone interested in the politics and ethics of migration.
Property Rights A Re Examination
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Author : J. E Penner
language : en
Publisher: Oxford University Press
Release Date : 2020-02-14
Property Rights A Re Examination written by J. E Penner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-14 with Law categories.
Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and rejects, once again, the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title: the right to immediate, exclusive, possession, the power to license what would otherwise be a trespass, and the power to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld's concept of 'multital' jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.
Freedom Culture And The Right To Exclude
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Author : Uwe Steinhoff
language : en
Publisher: Routledge
Release Date : 2022-04-19
Freedom Culture And The Right To Exclude written by Uwe Steinhoff and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-19 with Philosophy categories.
This book argues that citizens have a moral right to decide by which criteria they grant migrants citizenship, as well as to control access to their territory in the first place. In developing and defending this argument, it critically engages numerous objections, thus providing the reader with a thorough overview of the current debate on the ethics of immigration and exclusion. The author’s argument is based on a straightforwardly individualist and liberal starting point. One of the rights granted by liberalism is freedom of association, which also comprises the right not to associate with people with whom one does not want to associate. While this is an individual right, it can be exercised collectively like many other individual rights. Thus, people can decide to collectively organize into an association pursuing certain goals; and subject to certain provisos, this gives rise to legitimate claims to space and territory in which they pursue these goals. The author shows that this right is far-reaching and robust, which entails an equally far-reaching and robust right to exclude. Moreover, he demonstrates that large-scale immigration from illiberal cultures tends to severely compromise the way of life, the values, and the institutions of liberal democracies in ways routinely ignored by apologists for multiculturalism. Freedom, Culture, and the Right to Exclude will be of interest to scholars and advanced students working in applied ethics, political philosophy, political theory, and law.
The Right To Exclude
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Author : Justin Desautels-Stein
language : en
Publisher: Oxford University Press
Release Date : 2023-03-09
The Right To Exclude written by Justin Desautels-Stein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-09 with Law categories.
In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.
Possession Relative Title And Ownership In English Law
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Author : Luke Rostill
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-02-10
Possession Relative Title And Ownership In English Law written by Luke Rostill and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-10 with Law categories.
This monograph provides a sustained analysis of two foundational principles of English property law: the principle of relative title and the principle that possession is a source of title. It examines several central concepts in the law of property, including possession and ownership.
The Right To Exclude
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Author : Justin Desautels-Stein
language : en
Publisher:
Release Date : 2023
The Right To Exclude written by Justin Desautels-Stein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
Debating The Ethics Of Immigration
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Author : Christopher Heath Wellman
language : en
Publisher: OUP USA
Release Date : 2011-09-30
Debating The Ethics Of Immigration written by Christopher Heath Wellman and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-30 with Philosophy categories.
Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question. Appealing to the right to freedom of association, Wellman contends that legitimate states have broad discretion to exclude potential immigrants, even those who desperately seek to enter. Against this, Cole argues that the commitment to the moral equality of all human beings - which legitimate states can be expected to hold - means national borders must be open: equal respect requires equal access, both to territory and membership; and that the idea of open borders is less radical than it seems when we consider how many territorial and community boundaries have this open nature. In addition to engaging with each other's arguments, Wellman and Cole address a range of central questions and prominent positions on this topic. The authors therefore provide a critical overview of the major contributions to the ethics of migration, as well as developing original, provocative positions of their own.
On The Right Of Exclusion Law Ethics And Immigration Policy
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Author : Bas Schotel
language : en
Publisher: Routledge
Release Date : 2013-03-01
On The Right Of Exclusion Law Ethics And Immigration Policy written by Bas Schotel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Law categories.
On the Right of Exclusion: Law, Ethics and Immigration Policy addresses the current immigration laws and practices of Western states, and argues that if states cannot substantially justify the exclusion of an alien, the latter should be admitted.
The Political Philosophy Of Refuge
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Author : David Miller
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-20
The Political Philosophy Of Refuge written by David Miller and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-20 with Philosophy categories.
How to assess and deal with the claims of millions of displaced people to find refuge and asylum in safe and prosperous countries is one of the most pressing issues of modern political philosophy. In this timely volume, fresh insights are offered into the political and moral implications of refugee crises and the treatment of asylum seekers. The contributions illustrate the widening of the debate over what is owed to refugees, and why it is assumed that national state actors and the international community owe special consideration and protection. Among the specific issues discussed are refugees' rights and duties, refugee selection, whether repatriation can be encouraged or required, and the ethics of sanctuary policies.