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This study investigates the thinking of European authors from Vitoria to Kant about political justice, the global community, and the rights of strangers as one special form of interaction among individuals of divergent societies, political communities, and cultures. Taking an interdisciplinary approach, it covers historical material from a predominantly philosophical perspective, interpreting authors who have tackled problems related to the rights of strangers under the heading of international hospitality. Their analyses of the civitas maxima or the societas humani generis covered the nature of the global commonwealth. Their doctrines of natural law (ius naturae) were supposed to provide what we nowadays call theories of political justice. The focus of the work is on international hospitality as part of the law of nations, on its scope and justification. It follows the political ideas of Francisco de Vitoria and the Second Scholastic in the 16th century, of Alberico Gentili, Hugo Grotius, Samuel Pufendorf, Christian Wolff, Emer de Vattel, Johann Jacob Moser, and Immanuel Kant. It draws attention to the international dimension of political thought in Thomas Hobbes, John Locke, Jean-Jacques Rousseau, David Hume, Adam Smith, and others. This is predominantly a study in intellectual history which contextualizes ideas, but also emphasizes their systematic relevance.
Fourteen leading scholars explore the lives of seven of the most famous Jewish lawyers in the history of international law.
The National Book Award Finalist and New York Times bestseller that became a guide and balm for a country struggling to understand the election of Donald Trump "A generous but disconcerting look at the Tea Party. . . . This is a smart, respectful and compelling book." —Jason DeParle, The New York Times Book Review When Donald Trump won the 2016 presidential election, a bewildered nation turned to Strangers in Their Own Land to understand what Trump voters were thinking when they cast their ballots. Arlie Hochschild, one of the most influential sociologists of her generation, had spent the preceding five years immersed in the community around Lake Charles, Louisiana, a Tea Party stronghold. As Jedediah Purdy put it in the New Republic, "Hochschild is fascinated by how people make sense of their lives. . . . [Her] attentive, detailed portraits . . . reveal a gulf between Hochchild's 'strangers in their own land' and a new elite." Already a favorite common read book in communities and on campuses across the country and called "humble and important" by David Brooks and "masterly" by Atul Gawande, Hochschild's book has been lauded by Noam Chomsky, New Orleans mayor Mitch Landrieu, and countless others. The paperback edition features a new afterword by the author reflecting on the election of Donald Trump and the other events that have unfolded both in Louisiana and around the country since the hardcover edition was published, and also includes a readers' group guide at the back of the book.
Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.
How should Western democracies respond to the many millions of people who want to settle in their societies? Economists and human rights advocates tend to downplay the considerable cultural and demographic impact of immigration on host societies. Seeking to balance the rights of immigrants with the legitimate concerns of citizens, Strangers in Our Midst brings a bracing dose of realism to this debate. David Miller defends the right of democratic states to control their borders and decide upon the future size, shape, and cultural make-up of their populations. “A cool dissection of some of the main moral issues surrounding immigration and worth reading for its introductory chapter alone. Moreover, unlike many progressive intellectuals, Miller gives due weight to the rights and preferences of existing citizens and does not believe an immigrant has an automatic right to enter a country...Full of balanced judgments and tragic dilemmas.” —David Goodhart, Evening Standard “A lean and judicious defense of national interest...In Miller’s view, controlling immigration is one way for a country to control its public expenditures, and such control is essential to democracy.” —Kelefa Sanneh, New Yorker
The impersonality of social relationships in the society of strangers is making majorities increasingly nostalgic for a time of closer personal ties and strong community moorings. The constitutive pluralism and hybridity of modern living in the West is being rejected in an age of heightened anxiety over the future and drummed up aversion towards the stranger. Minorities, migrants and dissidents are expected to stay away, or to conform and integrate, as they come to be framed in an optic of the social as interpersonal or communitarian. Judging these developments as dangerous, this book offers a counter-argument by looking to relations that are not reducible to local or social ties in order to offer new suggestions for living in diversity and for forging a different politics of the stranger. The book explains the balance between positive and negative public feelings as the synthesis of habits of interaction in varied spaces of collective being, from the workplace and urban space, to intimate publics and tropes of imagined community. The book proposes a series of interventions that make for public being as both unconscious habit and cultivated craft of negotiating difference, radiating civilities of situated attachment and indifference towards the strangeness of others. It is in the labour of cultivating the commons in a variety of ways that Amin finds the elements for a new politics of diversity appropriate for our times, one that takes the stranger as there, unavoidable, an equal claimant on ground that is not pre-allocated.
David Rothman gives us a brilliant, finely etched study of medical practice today. Beginning in the mid-1960s, the practice of medicine in the United States underwent a most remarkable--and thoroughly controversial--transformation. The discretion that the profession once enjoyed has been increasingly circumscribed, and now an almost bewildering number of parties and procedures participate in medical decision making. Well into the post-World War II period, decisions at the bedside were the almost exclusive concern of the individual physician, even when they raised fundamental ethical and social issues. It was mainly doctors who wrote and read about the morality of withholding a course of antibiotics and letting pneumonia serve as the old man's best friend, of considering a newborn with grave birth defects a "stillbirth" thus sparing the parents the agony of choice and the burden of care, of experimenting on the institutionalized the retarded to learn more about hepatitis, or of giving one patient and not another access to the iron lung when the machine was in short supply. Moreover, it was usually the individual physician who decided these matters without formal discussions with patients, their families, or even with colleagues, and certainly without drawing the attention of journalists, judges, or professional philosophers. The impact of the invasion of outsiders into medical decision-making, most generally framed, was to make the invisible visible. Outsiders to medicine--that is, lawyers, judges, legislators, and academics--have penetrated its every nook and cranny, in the process giving medicine exceptional prominence on the public agenda and making it the subject of popular discourse. The glare of the spotlight transformed medical decision making, shaping not merely the external conditions under which medicine would be practiced (something that the state, through the regulation of licensure, had always done), but the very substance of medical pract
Refugees from the violence of wars and the brutality of famished lives have knocked on other people's doors since the beginning of time. For the people behind the doors, these uninvited guests were always strangers, and strangers tend to generate fear and anxiety precisely because they are unknown. Today we find ourselves confronted with an extreme form of this historical dynamic, as our TV screens and newspapers are filled with accounts of a 'migration crisis', ostensibly overwhelming Europe and portending the collapse of our way of life. This anxious debate has given rise to a veritable 'moral panic' - a feeling of fear spreading among a large number of people that some evil threatens the well-being of society. In this short book Zygmunt Bauman analyses the origins, contours and impact of this moral panic - he dissects, in short, the present-day migration panic. He shows how politicians have exploited fears and anxieties that have become widespread, especially among those who have already lost so much - the disinherited and the poor. But he argues that the policy of mutual separation, of building walls rather than bridges, is misguided. It may bring some short-term reassurance but it is doomed to fail in the long run. We are faced with a crisis of humanity, and the only exit from this crisis is to recognize our growing interdependence as a species and to find new ways to live together in solidarity and cooperation, amidst strangers who may hold opinions and preferences different from our own.
“A remarkable book . . . a detailed panorama of the many ways in which the Israeli state limited the rights of its Palestinian subjects.” —Orit Bashkin, H-Net Reviews Following the 1948 war and the creation of the state of Israel, Palestinian Arabs comprised just fifteen percent of the population but held a much larger portion of its territory. Offered immediate suffrage rights and, in time, citizenship status, they nonetheless found their movement, employment, and civil rights restricted by a draconian military government put in place to facilitate the colonization of their lands. Citizen Strangers traces how Jewish leaders struggled to advance their historic settler project while forced by new international human rights norms to share political power with the very people they sought to uproot. For the next two decades Palestinians held a paradoxical status in Israel, as citizens of a formally liberal state and subjects of a colonial regime. Neither the state campaign to reduce the size of the Palestinian population nor the formulation of citizenship as a tool of collective exclusion could resolve the government’s fundamental dilemma: how to bind indigenous Arab voters to the state while denying them access to its resources. More confounding was the tension between the opposing aspirations of Palestinian political activists. Was it the end of Jewish privilege they were after, or national independence along with the rest of their compatriots in exile? As Shira Robinson shows, these tensions in the state’s foundation—between privilege and equality, separatism and inclusion—continue to haunt Israeli society today. “An extremely important, highly scholarly work on the conflict between Zionism and the Palestinians.” —G. E. Perry, Choice
Combining legal and social history, Bruce Mann explores the relationship between law and society from the mid-seventeenth century to the eve of the Revolution. Analyzing a sample of more than five thousand civil cases from the records of local courts in Connecticut, he shows how once-neighborly modes of disputing yielded to a legal system that treated neighbors and strangers alike. During the colonial period population growth, immigration, economic development, war, and religious revival transformed the nature and context of official and economic relations in Connecticut. Towns lost the insularity and homogeneity that made them the embodiment of community. Debt litigation was transformed from a communal model of disputing in which procedures were based on the individual disagreements to a system of mechanical rules that homogenized law. Pleading grew more technical, and the civil jury faded from predominance to comparative insignificance. Arbitration and church disciplinary proceedings, the usual alternatives to legal process, became more formal and legalistic and, ultimately, less communal. Using a computer-assisted analysis of court records and insights drawn from anthropology and sociology, Mann concludes that changes in the law and its applications were tied to the growing commercialization of the economy. They also can be attributed to the fledgling legal profession's approach to law as an autonomous system rather than as a communal process. These changes marked the advent of a legal system that valued predictability and uniformity of legal relations more than responsiveness to individual communities. Mann shows that by the eve of the Revolution colonial law had become less identified with community and more closely associated with society.