By Hans Lindahl
This quantity of essays - located on the interface among criminal doctrine and felony and political philosophy - discusses the conceptual and normative concerns posed through definitely the right to inclusion and exclusion the european claims for itself while enacting and implementing immigration and asylum coverage less than the realm of Freedom, safety, and Justice. specifically, the essays probe how this alleged correct acquires institutional shape; how the enactment and enforcement of the EU's exterior borders render attainable and undermine the declare to the sort of correct; and the way the elemental differences that underpin this alleged correct - resembling inside/outside and citizen/alien, are being disrupted and reconfigured in ways in which may perhaps render the EU's civic and territorial barriers extra porous. the quantity is split into 3 elements. the 1st set of essays delves into the empirical points that outline the institutional context of the EU's alleged jus includendi et excludendi. A moment set of essays is theoretical in personality, and significantly scrutinizes the fundamental differences that govern this alleged correct. The 3rd set of essays discusses politico-legal possible choices, exploring how the conceptual and normative difficulties to which this alleged correct supplies upward thrust can be handled, either legally and politically.
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Extra resources for A Right to Inclusion and Exclusion? : Normative Fault Lines of the EU's Area of Freedom, Security and Justice
The RD moves to control the borders of the polity with a view to realising distributive justice within the community. It draws a sharp distinction between those inside and those outside, such that those within are viewed as the preferred recipients of rights and resources generated by the community. Justice, on this view, is a virtue of a local political community. By contrast, PD views immigration as the outcome of ‘global injustice’: Nobody migrates on a whim, thousands of human beings are forced to abandon their lands, leave their families, among other things because their towns are being pushed down by multinationals ...
These two views provide the foundation for the two types of policy response: (i) Security or Human Rights? For the RD, border issues are considered as raising public order problems that require constant surveillance of containment walls with police measures and repressive policies. For the RD, to regulate is to control. To control the flow means to establish restricted rules of access. 37 The control criteria must be established basically in light of our ‘capacity of reception’38 and also with regards to the identity criteria.
Iv) Crime or Marginalisation? Each discourse has a ‘list’ of basic inadmissible dangers ensuing from bad border management. 25 For the PD, the basic danger is the creation of ghettos,26 and matters related to racist violence, offences against workers or immigrant exploitation, legal violence, traffic of immigrants, religious intolerance, and discrimination. (v) Xenophobia or Fragmentation? 29 (vi) Consequences or Causes? While the RD interprets the migratory process in terms of its negative effects on the receiving community, the PD not only emphasises the positive effects thereof but, crucially, looks to the causes of immigration: why do people come?