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Disregard of gender and of women’s contributions in the higher education curriculum is still a widespread phenomenon. Building on feminist institutionalism, this article explores the forms and types of resistance that efforts to engender the higher education curriculum must contend with and discusses the ways in which resistance to curricular reform is entrenched in a web of both gender-specific and apparently gender-neutral academic informal rules. In doing so, the authors use empirical evidence collected by an action-research project undertaken at a (...) faculty of political and social sciences in a Catalan public university. The Spanish case is intriguing because mainstreaming gender in higher education has been prescribed by various national and regional laws that are nonetheless poorly implemented. The article also reflects on the positive feedback loop action-research projects can facilitate within gendered institutions such as universities and pinpoints the role of feminist agency in counteracting resistance to institutional change. (shrink)

Implementing corporate social responsibility (CSR) in supply chains is not a trivial task. In fact, many firms in recent years have publicly proclaimed that in order to keep their CSR commitments, they had to reduce reliance on external suppliers by vertically integrating their operations. Our aim in this article is to examine whether there is truly a relationship between a firm’s CSR performance and its level of vertical integration. Drawing on a multi-industry sample of 2,715 firm-year observations, and after addressing (...) endogeneity concerns, we demonstrate that firms with higher CSR performance tend to vertically integrate more (or, outsource less). We also demonstrate that this tendency is weaker for firms that have higher degrees of asset specificity or international diversification. Our core conclusion is that CSR performance and outsourcing are at odds, but firms can reconcile this tension by deepening their collaborations with suppliers. (shrink)

The contributors to this volume argue that we can, and they offer a new way: the "participatory turn," which proposes that individuals and communities have an ...

José Jorge Mendoza argues that the difficulty with resolving the issue of immigration is primarily a conflict over competing moral and political principles and is, at its core, a problem of philosophy. This book brings into dialogue various contemporary philosophical texts that deal with immigration to provide some normative guidance to immigration policy and reform.

In debating the ethics of immigration, philosophers have focused much of their attention on determining whether a political community ought to have the discretionary right to control immigration. They have not, however, given the same amount of consideration to determining whether there are any ethical limits on how a political community enforces its immigration policy. This article, therefore, offers a different approach to immigration justice. It presents a case against legitimate states having discretionary control over immigration by showing both how (...) ethical limits on enforcement circumscribe the options legitimate states have in determining their immigration policy and how all immigrants (including undocumented immigrants) are entitled to certain protections against a state’s enforcement apparatus. (shrink)

This chapter looks at the history of US citizenship and immigration law and argues that denying admission or citizenship status to certain groups of people is closely correlated to a denial of whiteness. On this account whiteness is not a fixed or natural concept, but instead is a social construction whose composition changes throughout time and place. Understanding whiteness in this way allows one to see how white supremacy is not limited merely to instances of racism or ethnocentrism, but can (...) also include instances of xenophobia. On this account, whiteness is more analogous to a braid of three interwoven strands: the racial strand (e.g., science, biology, or phenotypes), the ethnic strand (e.g., culture, customs, or heritage), and the national strand (e.g., territory, sovereignty, and citizenship). In emphasizing one or a combination of these strands, whiteness can be granted to social groups that previously were denied full white status, while at the same time it can be rescinded from groups that at different times and different places might have been considered (if only provisionally) white. Understanding whiteness in this way is important for dealing with issues of immigration and citizenship because it lets us see how nationality and xenophobia play a role in the construction of whiteness and thereby how terms like illegal help to reify the status of certain persons, including natural born citizens, as perpetual foreigners (i.e., non-whites). (shrink)

David Miller’s defense of a state’s presumptive right to exclude non-refugee immigrants rests on two key distinctions. The first is that immigration controls are “preventative” and not “coercive.” In other words, when a state enforces its immigration policy it does not coerce noncitizens into doing something as much as it prevents them from doing a very specific thing (e.g., not entering or remaining within the state), while leaving other options open. Second, he makes a distinction between “denying” people their human (...) rights and “deterring” people from exercising their human rights. On this view, when those assigned to protect or fulfil human rights are also tasked with performing immigration enforcement duties, undocumented immigrants are not being denied their human rights, even when this deters them from exercising those rights. In this article, I argue that Miller’s two distinctions have an implication that he might not have foreseen. Specifically, I argue that these distinctions provide ideological cover for what has come to be known as “crimmigration” and that we have strong reasons for wanting our theory of immigration justice to reject this, even when doing so leaves open the possibility for an indirect open-borders argument. (shrink)

Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the source (...) of social and civic ostracism. Second, by focusing so much on questions of admission and exclusion, philosophers have tended to overlook the discriminatory potential of immigration enforcement mechanisms. In this essay, I make the case that philosophers who deal with the issue of immigration cannot dispense with the potential for discrimination in a state's enforcement mechanism as easily as they have with the potential for discrimination in a state’s admission and exclusions criteria. In addition, I put forth the positive claim that the way to combat this potential for discrimination (e.g., xenophobia) must begin with a defense of, and advocacy for, immigrant rights. (shrink)

El objetivo de este artículo es evaluar el desempeño democratizador de las candidaturas independientes en México a partir de su adopción en el año 2014. En específico, este trabajo analiza sus fundamentos jurídicos y sus requisitos legales y económicos en comparación con las candidaturas tradicionales de los candidatos de los partidos políticos. En la segunda parte del trabajo se analiza el desempeño de los candidatos independientes en los procesos electorales llevados a cabo en los años 2015, 2016 y 2017. Finalmente, (...) se proponen algunas conclusiones que giran en torno a una cuestión central: a pesar de que las candidaturas independientes se introdujeron con la finalidad de estimular la participación ciudadana, han recibido poco apoyo electoral y, en general, han sido utilizadas de forma creciente por políticos vinculados a los partidos tradicionales que desean emprender una carrera política personal.The aim this paper is to evaluate the performance of the independent candidates in Mexico, since its legal adoption in 2014. Specifically, this paper analyses its legal foundations, the legal and the economic requirements –compared to the traditional candidacies of the political parties. The second part of the paper analyses the performance of the independent candidates in the electoral processes carried out in the years 2015, 2016 and 2017. Finally, some conclusions are proposed that revolve around a central question: although the Independents candidacies were introduced with the aim of stimulating the citizen participation, they have received generally a minor electoral support, and they have been increasingly used by politicians linked to traditional parties who wish to begin a personal political career. (shrink)

This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...) immigration enforcement purposes, they often undermine these original aims or get used in ways that conflict with the U.S. Constitution. These concerns should prompt us therefore either to reject the government’s plenary power over immigration or require the federal government to be more consistent about maintaining the separation between criminal law and immigration law. (shrink)

In this chapter, I outline what philosophers working on the ethics of immigration have had to say with regard to invidious discrimination. In doing so, I look at both instances of direct discrimination, by which I mean discrimination that is explicitly stated in official immigration policy, and indirect discrimination, by which I mean cases where the implementation or enforcement of facially “neutral” policies nonetheless generate invidious forms of discrimination. The end goal of this chapter is not necessarily to take a (...) side, but to outline the terrain and provide the reader with an adequate entryway into these philosophical discussions over discrimination and immigration. (shrink)

This paper first uncovers the subtle spiritual narcissism that has characterized historical approaches to religious diversity and discusses the shortcomings of the main forms of religious pluralism that have been proposed as its antidote: ecumenical, soteriological, postmodern, and metaphysical. It then argues that a participatory pluralism paves the way for an appreciation of religious diversity that eschews the dogmatism and competitiveness involved in privileging any particular tradition over the rest without falling into cultural-linguistic or naturalistic reductionisms. Discussion includes the question (...) of the validity of spiritual truths and the development of a participatory critical theory of religion. The essay concludes with an exploration of different scenarios for the future of religion– global religion, mutual transformation, interspiritual wisdom, and spirituality without religion–and proposes that such a future may be shaped by spiritually individuated persons engaged in processes of cosmological hybridization in the context of a common spiritual family. A participatory approach to spirituality turns the problem of religious plurality into a celebration of the critical spirit of pluralism. (shrink)

In this chapter I attempt to provide a general overview of the philosophical literature on immigration from both an ethics of immigration and philosophy of race perspective. I then try to make the case that putting these two literatures into conversation would be fruitful. In particular, that it could provide an underappreciated argument for limiting the discretion states are normally thought to enjoy with respect to immigration.

In (Re)Defining Racism, Alberto Urquidez argues that conflicting philosophical accounts over the definition of racism are at bottom linguistic confusions that would benefit from a Wittgensteinian-inspired approach. In this essay, I argue that such an approach would be helpful in disputes over the definition of metaphysically contested concepts, such as “race,” or semantically contested concepts, such as “racialization.” I disagree, however, that such insights would prove helpful or do very little for disputes concerning normatively contested concepts, such as “racism.”.

Dynamic Theodicy (DT) is a broad concept we bring up to designate some modern Philosophical Theology attempts to reconcile the necessary and perfect existence of God with the contingent characteristics of human life. In this paper we analyze such approaches and discuss how they have become incomprehensible because the metaphysical assumptions implicit in these explanations have lost their intrinsic relation to the natural human desire for salvation. In the first part we show Charles Hartshorne's DT-model, arising from the modal logic (...) of perfection, and the modern rational problems of this position in making infinite-necessary Being (God) and finite-contingent being (human) compatible. We note that at the heart of the contradictions in this DT account is a dialectical mode of thinking that makes it difficult to find a correct solution to this dichotomy, and to assume a human desire that could be considered related to lifelong goals. In the second part, supported by the proposal of Hans Urs von Balthasar's DT, we develop the concepts of bodily vulnerability, corporeal intentionality, and natural desire for salvation, which come from an Aristotelian-Thomistic thought. This theory is established in order to build an argument, following Alasdair MacIntyre’s ethical framework, on how to make possible the recovery of a metaphysical and anthropological desire that transcends natural aging and goes beyond death. We conclude that both human dependence and the virtues that arise naturally when human beings decide to seek the good of their transcendent condition, make it possible to recover the natural desire for salvation through divine and human love. (shrink)

In this essay, I argue that even when they appear to help, restrictions on migration are usually only an impediment, not an aid, to cosmopolitan justice. Even though some egalitarian cosmopolitans are well intentioned in their support of migration restrictions, I argue that migration restrictions are (i) not truly cosmopolitan and (ii) will not have the kinds of consequences they expect. My argument in defense of this claim begins, in section 1, by outlining a defense of migration restrictions based on (...) egalitarian cosmopolitan grounds. Then in sections two and three, I reply to the harms this position associates with open borders and provide some reasons as to why restrictions on migration are incompatible with cosmopolitan justice. (shrink)

This article studies the differences between traditional financial intermediaries (commercial banks, savings banks and cooperative banks) and ethical banks based on property rights, in which the owner decides the ideology, principles, standards and objectives of the organisation. In ethical banking, affinity centres on positive social and ethical values. The article consequendy focuses on an index proposed both to differentiate ethical banks from other types of banks, and also to pinpoint the differences between the various ethical banks themselves.This is the Radical (...) Affinity Index (RAI), which groups banks together in terms of their stance on ethical commitment, concentrating on ethical ideology and principles (information transparency, placement of assets, guarantees and participation) and using a sample of 114 European banks. The evidence shows that transparency of information and placement of assets are factors that differentiate ethical banks from other financial intermediaries.Guarantees and participation are characteristics specific to ethical banks; these variables, however, do not offer clear evidence to our analysis. (shrink)

El objetivo fue analizar la adquisición de vocabulario en idioma inglés de estudiantes de bachillerato a partir de la implementación de actividades de resolución de problemas. Se empleó un diseño cuasiexperimental de pre y post test, con grupo experimental y control. Los resultados sugieren que las actividades de resolución de problemas son estrategias didácticas efectivas para la enseñanza del inglés.

There are two competing ways of understanding nefarious expressions of nationalism in countries like the U.S., either as xenophobia or racism. In this essay, I offer a way of capturing what is attractive in both accounts: a way of thinking about the xenophobia of U.S. nationalism that does not miss or minimize the role that race plays in condemning such expressions, but at the same time does not risk overextending the definition of racism. To do this, the essay makes a (...) case for decoupling and slightly revising the meaning of the terms “racialization” and “racial formation” while also proposing a third term, “racial disintegration.” In doing so, we find that the xenophobia directed at certain pan-racial groups, at least in places like the U.S., promotes a unique brand of White supremacy and does so in ways that maintain or reshape the nation's understanding of race and specifically its racial categories. (shrink)

In the sport context, an essential aspect of an athlete’s development and performance happens during the interaction with the coach while receiving information on the aspects of performance that need to be modified. Grounded in the Self-Determination Theory and particularly on the basic psychological needs theory, a structural equation model was tested with the following sequence: perception of the amount of corrective feedback generated by the coach, perceived legitimacy of corrective feedback, satisfaction of basic psychological needs, and vitality in soccer (...) players. Additionally, simple mediation and serial mediation models were also tested. Participants were 377 Mexican soccer players, who completed the instruments that evaluated the study variables. SEM results reported positive and significant variables’ interrelations in the sequence. The analysis of serial mediation model showed that the perceived legitimacy of feedback and the satisfaction of basic psychological needs fully mediated the relationship between the perception of the amount of corrective feedback generated by the coach and the perception of the subjective vitality of Mexican soccer players. Results suggest that coaches have to ensure that athletes accept the corrective feedback provided and meet their basic psychological needs. Based on SDT tenets, this research highlights the importance for coaches to be aware of the athlete’s perceptions when they are providing corrective feedback and their implications for athlete’s technical development and well-being. It is suggested to incorporate those aspects to training programs for coaches. (shrink)

This paper critically examines Ken Wilber's transpersonal evolutionary theory in the context of the philosophical discourse of postmodernity. The critique focuses on Wilber's refutation of non?absolutist and non?universalist approaches to rationality, truth, and morality?such as cultural relativism, pluralism, constructivism or perspectivism?under the charges of being epistemologically self?refuting and morally pernicious. First, it is suggested that Wilber offers a faulty dichotomy between his absolutist?universalist metanarrative and a self?contradictory and pernicious vulgar relativism. Second, it is shown that Wilber's arguments for the self?refuting (...) and pernicious nature of other non?absolutist approaches are both fallacious and distorting. Finally, the problematic consequences of absolutist discourse for academic and cross?cultural dialogue are pinpointed. Taking Wilber's treatment of Nagarjuna's thinking as a paradigmatic example, it is suggested that absolutist thinking both usually leads to ?bad? hermeneutics, and potentially hinders genuine dialogue among people and traditions holding different world views. (shrink)

This groundbreaking look at the array of styles and modes of relationships proposes a new paradigm for understanding intimate relationships, challenging the monogamy/polyamory binary and offering fresh possibilities for thinking about contemporary love, sex, gender, and sexuality.

Given the oncoming demographic changes—which are primarily driven by the growth in the Latinx community—the United States is predicted to become a minority-majority country by around 2050. This seems to suggest that electoral strategies that employ “dog-whistle” politics are destined for the dust-bin of history. Following the work of critical race theorists, such as Ian Haney-Lopez and Derrick Bell, I want to suggest that pronouncing the inevitable demise of dog-whistle politics is premature. This is because there are reasons to suspect (...) that certain segments of the Latinx community—much like the Southern and Eastern Europeans in the early part of 20th Century—might be co-opted into American whiteness. (shrink)

Este livrinho é antes de tudo um desabafo. Poético existencial, sim. Mas também uma reflexão incontida, que não quer se calar. Busca, portanto, também a prosa de nosso tempo. Neste sentido, existe aí a história, a gnose religiosa, a filosofia do nosso tempo.Mais que nunca estamos cara a cara com uma nova Era, diante de um outro objetivamente possível relato na história da humanidade. Pela primeira vez necessária e plenamente universal. Isso é cada vez mais inegável e abrangente para qualquer (...) um. Somos nós e a natureza, a natureza e nós. Mares nunca de antes navegados, até por conta de tanto plástico. Cale-se o arauto da desigualdade pós-moderna, cesse tudo o que a musa moderna entoa: um canto ainda mais alto se alevanta.José Jorge Siqueira compartilha a hipótese, se filia à hipótese pela qual se quisermos sobreviver temos de filosofar verdadeiramente. Sua especulação, neste trabalho ora apresentado, se une à maré cheia, volumosa, de toda uma corrente de pensamento existente no planeta nesses termos. Sua fala é, portanto, a de um homem negro brasileiro, forjado historicamente na negação. Não apenas só de negro, pois esta (a negação) se impôs também à circunstância ex-colonial do país. Não estamos sós, há toda uma condição estigmatizada nesses termos mundo afora; em especial, para o caso, a nos entrelaçar ao continente africano e sua diáspora. Viva a consciência de si, enquanto princípios civilizatórios do conhecimento em todos os planos, da religiosidade à filosofia, da ontologia do ser em relação consigo mesmo e à natureza, da literatura às artes todas e à universalidade da ciência! Viva a interessantíssima reflexão que se ergue no Brasil nestes termos a olhos vistos (mas tem de ter olho de ver)! Nasceu uma flor imprevista, desafiadora, mas nasceu à luz do sol. (shrink)

This study adopts moral reasoning strategies to investigate why consumers support companies involved in ethical transgressions. Drawing on several cases of real multinationals publicly involved in tax avoidance practices, it aims to demonstrate that moral rationalization and moral decoupling depend not only on how consumers perceive the magnitude of the transgression, but also on their individual differences, such as political ideology and brand identification. A quantitative study with a sample of 3989 consumers of five different focal brands was employed to (...) test a set of hypotheses. Findings reveal that moral decoupling directly explains purchase intentions. However, rationalization only explains behavioral intentions if it leads to a reduction in the perceived immorality of the action. Furthermore, the study reveals significant differences across personal values. Left-leaning individuals tend to rationalize less and decouple more when they perceive that the magnitude of the transgression as egregious. Interestingly, consumers who are highly identified with the brand are less affected by the transgression and tend to be more supportive toward the brand by engaging in rationalization mechanisms. (shrink)

In this article, I broadly sketch out the current philosophical debate over immigration and highlight some of its shortcomings. My contention is that the debate has been too focused on border enforcement and therefore has left untouched one of the more central issue of this debate: what to do with unauthorized immigrants who have already crossed the border and with the “push and pull” factors that have created this situation. After making this point, I turn to the work of Enrique (...) Dussel and argue that his philosophical approach offers some insights that can help overcome these shortcomings. In particular, Dussel’s commitment to a social critique and transformation that begins with the material grievances of the most excluded and oppressed in a community. Under this type of approach, the immigration debate would begin with the grievances of the victims of immigration polices and reform (i.e. unauthorized immigrants) instead of with concerns for how to better enforce borders. Lastly, I point out that this type of approach is consistent with the current Immigrant Rights Movement in the United States. (shrink)

"El presente volumen colectivo recoge las ideas sobre la relación entre filosofía, política y religión de pensadores capitales de la segunda mitad del siglo XX. Entre otros, Berlin, Arendt, Oakeshott, Aron, Hayek, Popper, Habermas, Taylor, Ratzinger, Strauss o Rawls. Los lectores encontrarán que el cuadro general que se desprende de su lectura no permite reducir su contenido a una idea fuerza o a una tesis general que unifique el libro. Los autores tratados, provenientes de disciplinas distintas, con intereses temáticos y (...) sensibilidades diversas, coinciden, sin embargo, en ofrecer una reconsideración teórica del papel de la religión en la sociedad y la política contemporáneas. Esta pluralidad de posiciones se presenta al lector como fruto de la indeterminación de las sociedades políticas occidentales respecto al problema de la religión. De esta forma, los clásicos contemporáneos que se visitan nos invitan a una discusión profunda y matizada, que servirá para intentar distinguir, de manera equilibrada, tanto los elementos donde religión y política han sido y son esferas enfrentadas, como aquellos donde el encuentro entre Atenas y Jerusalén produce una relación positiva."_ Editorial. (shrink)

In her book, The Ethics and Mores of Race, Naomi Zack offers her readers a critical and historical examination of philosophical ethics. This comprehensive and illuminating examination of philosophical ethics concludes by yielding twelve requirements for an ethics of race. While these twelve requirements are not in-themselves an ethics of race, the hope is that these requirements will be sufficient to finally allow us to explicitly engage in ethical treatments of race. My view is that Zack’s argument is basically on (...) solid footing, but that her exposition she does not pay enough attention to the issue of immigration. This is not to say that Zack ignores the issue completely, but to say that, much like the issue of slavery (although very different in many important ways), immigration has historically played an important role in the construction of “whiteness,” in particular in the establishment of “white privilege,” and in the perpetuation of “white supremacy.” So similar to the way slavery is specifically prohibited by requirement 8, I believe that the issue of immigration merits its own specific “requirement of content” within the lager set of requirements for an ethics of race. (shrink)

In 2008 Robert Lovato coined the phrase Juan Crow. Juan Crow is a type of policy or enforcement of immigration laws that discriminate against Latino/as in the United States. This essay looks at the implications this phenomenon has for an ethics of immigration. It argues that Juan Crow, like its predecessor Jim Crow, is not merely a condemnation of federalism, but of any immigration reform that has stricter enforcement as one of its key components. Instead of advocating for increased enforcement, (...) I want to suggest that just immigration reform must adhere to two standards, equality of burdens and universal protections, and that only by doing so can the potential for Juan Crow be adequately avoided. (shrink)

Philosophers of the American tradition should be more proactive in their inclusion of Latino/a thinkers, even when the work of these thinkers does not directly connect back to classical tradition of American philosophy. This argument has two mterrelated parts. First, if the American philosophical tradition is committed to a social and political philosophy that begins from "lived-experience," then one area it has largely overlooked is the Latino/a experience. Second, if the contributions of the Latino/a community go unrecognized as a part (...) of the American tradition, then the American philosophical tradition is tacitly assenting to what Chavez calls the "Latino Threat Narrative." The Latino Threat Narrative puts forth a view of the Latino/a community as inherently anti-American, not to be celebrated, and to be avoided as a perpetual threat. Following Ch. (shrink)

System analyses deal with interrelationships between different variables that keep the system in balance. In many analysis of complex thinking, a system is viewed as a complex unit in which the ‘whole’ is not reduced to the ‘sum’ of its parts; the system becomes an ambiguous item because it consists of several entities that interact with unforeseen results or, in other words, it is situated at a transdisciplinary level, it is impossible for an area to have a complete reading of (...) its complexity. It was also mentioned that the concept of the open system best describes complexity by stating that ‘the laws of the organization are not equilibrium, but an imbalance that is restored or compensated for by stabilized dynamics’. This idea originated from the field of thermodynamics and the second law, in which the imbalance that it maintains allows the system for an apparent balance. This fragile steady state has something of a paradox, since the structures remain the same, but their constituents are changeable. The concept of open system undoes the door to a theory of evolution that can only derive from the interactions between a system and its ecosystem. Within this systemic approach, the focus of the analysis takes into account the ambiguity, multidisciplinary and complexity associated with system adjustment, i.e. it is intended to qualify an employee job based on their experience and knowledge as a measure of their impact on the organization performance. (shrink)

Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its legitimacy (...) and thereby lead to something like a Hobbesian “state of nature.” One of the potential downsides of allowing the federal government to have such broad powers, however, is the potential to place non-citizens in a situation analogous to what Giorgio Agamben has called the “state of exception.” This situation appears to leave us with the following dichotomy: without something like the plenary power doctrine a political community will end up with a state of nature, but with something like the plenary power doctrine they end up with a state of exception. This essay offers a two-part response to this dilemma. First, it argues that the plenary power doctrine goes against the spirit of the U.S. Constitution, specifically the Fourteenth Amendment. Non-citizens, even undocumented immigrants, are entitled to more Constitutional protections than they currently enjoy. Second, since extending these protections is more consistent with the spirit of the Constitution, I argue that curtailing the federal government’s power over matters of immigration does not undermine its sovereignty, but promotes it. In short, with regard to immigration, it is a false but seductive dichotomy that constitutional democracies must choose between a state of nature and a state of exception. (shrink)

In this article I use the tropes of El Cucuy (the Mexican version of the boogyman), La Llorona (the wailer), and La Migra (the border patrol) to provide the beginnings of an ethical critique of the treatment of undocumented immigrants in the United States.

The social trust argument asserts that a political community cannot survive without social trust, and that social trust cannot be achieved or maintained without a political community having discretionary control over immigration. Various objections have already been raised against this argument, but because those objections all assume various liberal commitments they leave the heart of the social trust argument untouched. This chapter argues that by looking at the socio-historical circumstances of Latino/as in the United States, an inherent weakness of the (...) social trust argument gets exposed. Giving a political community discretionary control over immigration not only fails to deliver on the promise of social trust, but it actually seems to promote its opposite, social mistrust. This suggests that a far better way of promoting the goal of social trust, and at the same time abating social mistrust, is to actually circumvent a political community’s ability to control immigration by giving priority both to socio-historical circumstances and immigrant rights (at least in a minimalist sense) in determining immigration policy. (shrink)