Global equality of opportunity and self-determination in the context of immigration

David Miller’s political philosophy of immigration employs two complementary argumentative strategies to challenge open border theories. The first strategy is to defeat the principled case for open borders, such as the global equality of opportunity argument for more lax immigration control. The second strategy is to establish the democratic community’s prima facie right to determine the shape of its future, including membership and the right to exclude. First, I argue that Miller’s conception of global equality of opportunity is overly narrow and that his objections to the principle, to the metric and to what counts as feasible political action misfire against other, more plausible, accounts. Second, I argue that his democratic interpretation of collective self-determination does not solve the pressing question concerning the morally justified scope and content of self-determination and the moral limits of the right to exclude. I conclude by questioning Miller’s general strategy: whether theories of immigration should be engaged in an exercise of shifting the burden of proof between open and closed borders. By contrast, I argue that a more desirable task for the political philosophy of immigration is to find ways in which the joint requirement of global equality of opportunity and collective self-determination can be coherently upheld.     

Globalisierung und fiskalische Demokratie

This article addresses a dilemma: an effective tax state is a precondition for securing the political stability of economic globalization. But globalization, in the form of tax competition, undermines nation states’ capacity to democratically choose the level, structure and distribution of their tax revenues. To regain democratic fiscal self-determination, international regulation of tax competition is required. Yet, how can a single nation’s right to self-determination be delimited so that all nations can effectively exercise their right under conditions of fiscal interdependence? The article proposes a republican conception of fiscal self-determination and develops two principles of international tax policy and their institutionalization in an International Tax Organization (ITO).     

A critical legal conception of human dignity

In this article, I argue for adopting a specific conception of human dignity centered around the argument that human dignity flows from an individual's capacity for self-authorship as defined by the set of expressive capabilities they enjoy. I also develop a corollary argument for a specific model of fundamental rights which flows from adopting the conception of dignity presented here.     

Self-determination,group identity and the common will

ABSTRACT

Anna Stilz defends a political autonomy account of self-determination that, she argues, best explains our intuitions about why colonization, annexation and foreign occupation are wrong. These are wrong, on Stilz’s view, because they unilaterally coerce individuals living under those systems of government. I argue that Stilz does not show that her account of self-determination explains our intuitions about autonomy in these kinds of cases, because she does not have a separate argument for the value of belonging to particular political groups.     

Conceiving human rights without ontology

Conclusion In his book, World Poverty and Human Rights, Pogge sets out to articulate an approach to basic justice that is inversal and cosmopolitan. This notion of justice is to be articulated through the language of human rights. Pogge’s arguments about justice, moral universalism and cosmopolitanism are impressive and reward serious study. It is to be hoped. indeed, that many aspects of his argument might be adopted by the elite ruling classes of world politics; they have much to offer in the project of creating a world that is humane for all. The issues that I have raised in the foregoing argument however are central to the integrity of Pogge’s project. I have argued, in sum that it is not possible to advance a program for the expansion of justice and the implementation of human rights in world politics without making an appeal to a specific account of the nature of justice and of human rights. The account that informs Pogge’s argument is that of political liberalism, and this is an account that has much in its favor as a preferred vehicle for justice in world politics. However, this account makes itself vulnerable when it argues for universal principles without acknowledging their partisan and normative base. My argument has been that this issue is at the center of Pogge’s attempt to isolate the conception of human rights he explicates, which he wants to serve as the language for his global ethical universalism, from the ontological affirmations which make that conception of human rights possible, and which of necessity tie human rights to a specific conception of the nature of the good for human persons and groups. The attempt to establish a single, universal criterion of justice, and to express it in the language of human rights, is undermined from within for as long as it fails to engage with ontological concerns.     

Local Evaluations of Justice through Truth Telling in Sierra Leone: Postwar Needs and Transitional Justice

This article presents findings from a qualitative case study of the Truth and Reconciliation Commission (TRC) in rural Sierra Leone. It adds to the sparse literature directly evaluating local experiences of transitional justice mechanisms. It investigates the conceptual foundations of retributive and restorative approaches to postwar justice, and describes the emerging alternative argument demanding attention be paid to economic, cultural, and social rights in such transitional situations. The article describes how justice is defined in Makeni, a town in Northern Sierra Leone, and shows that the TRC’s restorative approach was unable to generate a sense of postwar justice, and was, to many, experienced as a provocation. The conclusions support an alternative distributive conception of justice and show that local conception of rights, experiences of infringement and needs for redress, demand social, cultural, and economic considerations be taken seriously in transitional justice cases.     

Fairness and equal recognition

An important contribution of Alan Patten’s Equal Recognition is the conception of neutrality that grounds his defence of minority cultural rights. Built in to his conception of neutrality of treatment is a notion of ‘fairness’ whose effect is to provide an upfront, across the board limitation on the demands cultural minorities may legitimately make on the rest of society. There must be limits on the duty to accommodate, but it obscures more than it illuminates to build this into the content of the right to equal recognition itself. We see more clearly what is at stake in these conflicts by articulating the value of self-determination independently and taking account of necessary limits to its satisfaction as part of a second-stage analysis of what duties may be claimed and against whom. Familiar principles of discrimination law exemplify this alternative model. This presents the interest in self-determination more robustly, while acknowledging that the claims of duty arising out of it are defeasible. The result is a more flexible and nuanced exploration of the complex moral issues involved when fundamental interests clash.     

The Differential Empowering Effects of Europeanization on the Autonomy of National Agencies

This article examines the influence of Europeanization on the relationship between ministries and agencies at the national level. The core argument is that the differentiated nature of the international environment (with policy development often transferred to the international level and policy implementation left at the national level) transforms national agencies into policy‐developing actors that shape policies without being directly influenced by their national political principals. The increasingly common involvement of national agencies in European policymaking processes thereby increases these agencies' policy‐development autonomy but does not change their role in policy implementation. We examine this argument by testing an innovative hypothesis—the differentiation hypothesis—on a combined data set of German and Dutch national agencies. Our empirical findings support the hypothesis in both countries, suggesting that similar effects can be expected in other contexts in which semiautonomous agencies are involved in transnational policymaking.     

Wealth,Citizenship and Responsibility: The Views of “Better Off” Citizens in the UK

The retheorisation of citizenship since the 1980s has been marked by an emphasis on responsibility over rights, and a focus on poor citizens. The article discusses why an interest in wealthy citizens is timely, including the argument in the UK that the citizenship responsibilities of those with high incomes should be expressed through the notion of active citizenship, not solely by paying tax. Findings are presented from empirical research in the UK, based on in-depth interviews with better off citizens. It is argued that wealthy citizens have benefited from a reduced obligation to pay taxation but there has not been a corresponding acceptance of active citizenship. Moreover, respondents' actual engagement with active citizenship and the expression of responsibility through an essentially individual ethos of economic independence promote a conception of citizenship that is exclusionary rather than inclusive. The research does not lead to an argument for the diminution of citizenship responsibility, but that there is a need for greater interest in the position of wealthy, not just poor, citizens.     

Deliberative citizenship: a critical reappraisal

ABSTRACT

The study of citizenship as a political or moral ideal involves identifying core commitments and capabilities, the cultivation and exercise of which is often presented as a condition of being a ‘good’ citizen. Deliberative democracy was, at least until recently, associated with a conception of citizenship that endorses those qualities that equip us for a certain kind of respectful and reflective dialogue. This article reappraises this conception in light of the so-called ‘systemic turn’ within deliberative theory. It shows how systems thinking has displaced the traditional conception of deliberative citizenship, but that theorists have so far not elaborated a satisfactory replacement. A pluralist model is thus proposed, which casts light on the diverse qualities that a range of actors in a deliberative system might require. The resulting argument is not merely of interest to deliberative theorists, but to all who are concerned with the ethics of citizenship. The main reason is that it displaces the entrenched notion of a ‘good citizen’, in favour of the more heterogenous ideal of a ‘good citizenry’.     

Recognition as if sovereigns? A procedural understanding of indigenous self-determination

In the last two decades we have witnessed a growing global acknowledgement of indigenous rights – manifested in the 2007 UN Declaration on the Rights of Indigenous Peoples – challenging the traditional nation-state-centred understanding of political rights and democracy. In this paper, the author argues that indigenous self-determination is to be understood as a way to level the balance of power between indigenous peoples and the nation-states in which they live. Without a solid legal foundation for indigenous peoples to define self-determination in their own languages and to negotiate the conditions of their relation with the nation-states on their own terms, the colonial past (and present) of violent conquest and domination might continue. Indigenous peoples' right to self-determination ought in this perspective to imply recognition of indigenous peoples as having a standing equal to nation-states, i.e. as if they were sovereigns. What self-determination means in political practice would thus be the outcome of negotiations between two (or more) equal political entities. In this way, the right to self-determination has to be interpreted procedurally rather than substantially.     

The Ties that Bind? Intra-party Information Exchanges of German MPs in EU Multi-level Politics

As political authority is successively transferred from the national to the EU level, national parliaments are often considered to lose control over the domestic political agenda. Yet recent studies suggest that national parliaments cannot simply be labelled ‘losers’ of European integration. National parliaments have institutionally adapted to the EU in order to better scrutinise and control their governments in EU affairs. While existing research shows how parliaments employ their institutional opportunities to exercise scrutiny in the national arena, this paper suggests that MPs also employ informal strategies to obtain information on EU affairs to control and influence their governments. It argues that MPs primarily act through political parties, which are viewed here as multi-level organisations, and make use of their partisan ties to regional, transnational and supranational party actors to obtain information on EU issues. The article probes this argument by drawing on original data obtained through a survey of German MPs in 2009.     

Emotions and voting behavior in self-determination referendums: the case of New Caledonia in 2018

In this article we examine the impact of emotions in an independence referendum. New Caledonia – a French Pacific territory with 270,000 inhabitants – held a self-determination referendum in November 2018, in which 56% of the voters opted to remain a part of France. We conducted a post-referendum survey with 1496 respondents that included a specific battery to measure emotions as well as control variables. We find that experiencing anger with the national status of the territory increases the probability of voting for independence, while experiencing pride reduces it. These results remain after controlling for partisan, ethnic and national identification, expected effects of independence as well as sociodemographic factors. Moreover, emotions and identity interact and increase the effect of (the lack of) national identification. Beyond the effects of the traditional control variables, the results suggest that knowledge about voting behavior in independence referendums is transferable to decolonization in Pacific Islands.     

The Impact of the European Union on Coalition Formation in a Minority System: The Case of Denmark

Does European Union membership influence coalition patterns in national parliaments? For governments in the Scandinavian countries – with their relatively high share of minority governments requiring external parliamentary support to form parliamentary majorities – the question of ‘coalition management’ is highly relevant. This article provides an empirical test of three central arguments in the Europeanisation literature on the impact of EU membership on national parliaments when political parties pass legislation in the Danish Folketing. The effect of EU content in a law on coalition patterns is compared across policy areas and four electoral periods from 1998 to 2011 encompassing 2,894 laws. The data provide support for the argument that the loss of national agenda‐setting over the legislative process has an impact on coalition patterns in the Danish parliament. It is shown that the coalition patterns on Europeanised legislation are both broader and more stable compared to national, non‐EU‐related legislation. The focus on Europeanisation of legislative coalitions goes beyond previous analysis with an institutional focus, and demonstrates an example of how the EU systematically has an effect on legislative coalition formation in a national parliamentary system.     

The Multiple Streams Framework and the problem broker

John Kingdon's Multiple Streams Framework (MSF) constitutes a powerful tool for understanding the policy process, and more specifically, agenda‐setting, through three separate streams: problems, policies and politics. This article argues that the MSF would benefit from further development of the problem stream. It introduces a clearer conception of agency into the problem stream by suggesting the inclusion of the problem broker. The problem broker is a role in which actors frame conditions as public problems and work to make policy makers accept these frames. The problem broker makes use of knowledge, values and emotions in the framing of problems. The use of these three elements is seen as a prerequisite for successful problem brokering – that is, for establishing a frame in the policy sphere. Other important factors are: persistence, access to policy makers, credibility and willingness. Problem brokers also need to know who to talk to, how and when in order to make an impact. The context, in terms of, for example, audience and national mood, is also crucial. The inclusion of the problem broker into the MSF strengthens the analytical separation between streams. According to Kingdon, policies can be developed independently from problems. The MSF, therefore, enables a study of policy generation. The inclusion of the problem broker, in the same sense, makes it possible to investigate problem framing as a separate process and enables a study of actors that frame problems without making policy suggestions. The MSF is, in its current form, not able to capture what these actors do. The main argument of this article is that it is crucial to study these actors as problem framing affects the work of policy entrepreneurs and, thereby, agenda‐setting and decision making.     

The civic recovery of nationhood

A national identity must be grounded in a civic concept of state, economy, family and community relations. This argument is made by tracing a historical/structural model of the evolution of welfare regimes from (i) a gendered social compact grounded in class, to (ii) a genderless market contract grounded in status, to (iii) an intergenerational covenant grounded in civic ethos.     

The nation as hegemonic project

This article argues that the nation is best conceived as a hegemonic project. It starts with a discussion of the dialectical intertwining of the categories of nationhood and nationalism, and continues with a treatment of the analytical distinction and historical relationship between states and nations. It sketches the rise of and problems with the principle and practice of ‘self-determination’ in the post-Wilsonian world, and seeks to problematize still-influential Leninist-cum-Stalinist dogmas regarding the ‘self-determination’ of nations. It concludes with an extended consideration of Benedict Anderson’s sophisticated neo-Marxist apology for nationalist politics and ideology. It takes Anderson to task on three related counts: for paying insufficient attention to power relations; for underestimating the affinities between nationalism and racism; and for denying the intimate connection between nationalism and fascism.     

Transgression and (sexual) citizenship: the political struggle for self-determination within BDSM communities

There has been – and continues to be – a tension within the political strategies of sexual minority communities claiming citizenship. Whilst attempting to forge a political self-determination based on being (dissident) sexual subjects, members of sexually diverse communities have frequently engaged in political practices that normalize their diversity to accord with wider socio-cultural conventions. In this article, we address this issue in relation to the political strategies of one of the most marginalized sexual identities/practices: BDSM. By drawing on the work of Foucault, Rose, Rabinow and Bahktin, we advance a case for how it may be possible for dissident sexual communities to resist the normalizing effects of citizenship whilst still making claims for legal recognition and wider social acknowledgment. Key to the argument is the theorization of a position wherein carnival transgression operates within a dialectical integration of ideology and utopia as a mode of citizenship.     

The Europeanization of National Administrations: A Comparative Study of France and the Netherlands

Studies of the impact of European integration on the national administrations of the member states of the European Union (EU) have pointed towards an uneven process of "Europeanization." While there has unquestionably been a growing range and frequency of contacts between national administrations and the EU system, there is little evidence of an expected convergence towards a common institutional model. This uneven Europeanization is presently explained with reference to a neo-institutionalist framework, drawing primarily on the work of March and Olsen. It is argued that the politico-administrative systems of the member states differentially adapt to the pressures of European integration in a manner which reflects the preexisting balance of domestic institutionnal structures, as well as th broader matrices of values which define the nature of appropriate political forms in the case of each national polity. Distinctive national patterns of institutional adjustment, rather than appearing anomalous, emerge as corresponding to a basic logic of differentiation indissociable from the integration process itself. The general argument is illustrated by an extended comparative study of France and the Netherlands, examining both the making and the implementation of European policy in the two countries.