Is it possible for the state simultaneously to respect deep cultural differences and to protect the hard-won citizenship rights of vulnerable group members, particularly women? This 2001 book argues that it is not only theoretically needed, but also institutionally feasible. Rejecting prevalent normative and legal solutions to this 'paradox of multicultural vulnerability', Multicultural Jurisdictions develops a powerful argument for enhancement of the jurisdictional autonomy of religious and cultural minorities while at the same time providing viable legal-institutional solutions to the problem (...) of sanctioned intra-group rights violation. This new 'joint governance' approach is guided by an innovative principle that strives for the reduction of injustice between minority groups and the wider society, together with the enhancement of justice within them. This book will interest students of political and social theory, law, religion, institutional design, as well as cultural and gender studies. (shrink)

The border is one of the most urgent issues of our times. We tend to think of a border as a static line, but recent bordering techniques have broken away from the map, as governments have developed legal tools to limit the rights of migrants before and after they enter a country's territory. The consequent detachment of state power from any fixed geographical marker has created a new paradigm: the shifting border, an adjustable legal construct untethered in space. This transformation (...) upsets our assumptions about waning sovereignty, while also revealing the limits of the populist push toward border-fortification. At the same time, it presents a tremendous opportunity to rethink states' responsibilities to migrants. This book proposes a new, functional approach to human mobility and access to membership in a world where borders, like people, have the capacity to move. (shrink)

The global distributive implications of automatically allocating political membership according to territoriality (jus soli) and parentage (jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region--with its specific level of wealth, degree of stability, and human rights record--is a crucial factor in the determination of life chances. However, birthright entitlements still dominate both our imagination and our laws in the allotment of political membership to a (...) given state. In this article we explore the striking conceptual and legal similarities between intergenerational transfers of citizenship and property. The analogy between inherited citizenship and the intergenerational transfer of property allows us to use existing qualifications found in the realm of inheritance as a model for imposing restrictions on the unlimited and perpetual transmission of membership--with the aim of ameliorating its most glaring opportunity inequalities. (shrink)

In today's age of restrictionism, a growing number of countries are closing their gates of admission to most categories of would-be immigrants with one important exception. Governments increasingly seek to lure and attract “high value” migrants, especially those with access to large sums of capital. These individuals are offered golden visa programs that lead to fast-tracked naturalization in exchange for a hefty investment, in some cases without inhabiting or even setting foot in the passport-issuing country to which they now officially (...) belong. In the U.S. context, the contrast between the “Dreamers” and “Parachuters” helps to draw out this distinction between civic ties and credit lines as competing bases for membership acquisition. Drawing attention to these seldom-discussed citizenship-for-sale practices, this essay highlights their global surge and critically evaluates the legal, normative, and distributional quandaries they raise. I further argue that purchased membership goods cannot replicate or substitute the meaningful links to a political community that make citizenship valuable and worth upholding in the first place. (shrink)

In this paper, Ayelet Shachar begins by restating the main idea of her important book The Birthright Lottery : Citizenship and Global Inequality and then goes on to address in a constructive spirit the main themes raised by the five preceding comments written by scholars in the fields of law, philosophy and political science.Dans cet article, Ayelet Shachar commence par rappeler l’idée centrale de son livre important The Birthright Lottery: Citizenship and Global Inequality avant de répondre (...) de manière constructive aux cinq commentaires qui précèdent, rédigés par des experts dans les domaines du droit, de la philosophie et de la science politique. (shrink)

Cet article est la traduction française de l’introduction du livre d’Ayelet Shachar, «The Puzzle of Birthright Citizenship», avec la permission de l’éditeur, tirée de The Birthright Lottery : Citizenship and Global Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 President and Fellows of Harvard College. Traduction de Martin Provencher.This paper is the French translation of Ayelet Shachar’s introduction, «The Puzzle of Birthright Citizenship», digitally reproduced by permission of the publisher from The Birthright Lottery : Citizenship (...) and Global Inequality, Cambridge, Mass.: Harvard University Press, pp.1-18. © 2009 by the President and Fellows of Harvard College. Translation by Martin Provencher. (shrink)

The Jurisprudence Lecture, delivered by Ayelet Shachar, challenges the established dichotomy between open and closed borders, showing that one of the most remarkable developments of recent years is...

European Journal of Political Theory, Volume 21, Issue 3, Page 615-623, July 2022. In this response essay, Ayelet Shachar replies to her critics, pushing beyond the arguments developed in her most recent book, The Shifting Border, to probe new ideas. Specifically, she elaborates five avenunes for exploration: dethorning the state as the exclusive decisionmaker on migration; finding the tools to alleviate oppression in the criticized practices themselves; identifying rights and duty-bearers; exposing the spatial dimension of structural injustice; and (...) revisiting the role of territory as mediating equality. (shrink)

This article evaluates demands for privatized diversity that destabilize traditional notions of separation of state and religion, by asking secular authorities to adopt a hands-off, non-interventionist approach, placing civil and family disputes with a religious or cultural aspect beyond the official realm of equal citizenship. This potential storm to come must be addressed head on because it mixes three inflammatory components in today’s political environment: religion; gender; and the rise of a neo-liberal state. The volatility of these issues is undisputed; (...) they require a mere spark to ignite. The standard legal response to this challenge is to seek shelter behind a formidable ‘wall of separation’ between state and religion, even if this implies turning a blind eye to the concerns of religious women — especially those caught in the uncoordinated web of secular and religious marriage bonds. I will advance a different approach. By placing these once-ignored agents at the centre of analysis, this article explores the idea of permitting a degree of regulated interaction between religious and secular sources of identity and obligation, so long as the baseline of citizenship-guaranteed rights remains firmly in place. (shrink)

Demands to accommodate religious diversity in the public sphere have recently intensified. The debates surrounding the Islamic headscarf in Europe vividly illustrate this trend. We also find a new challenge on the horizon: namely, the request to "privatize diversity" through alternative dispute resolution processes that permit parties to move their disputes from public courthouses into the domain of religious or customary sources of law and authority. The recent controversies in Canada and England related to the so-called Shari’a tribunals demonstrate the (...) potential force of the storm to come. In this Article, I offer an alternative to the presently popular vision of private diversity. This alternative is based on a deep commitment to women’s identity and membership interests as well as their dignity and equality. Women’s legal dilemmas often arise from their allegiance to various overlapping systems of identification, authority and belief: in this case, those arising from religious and secular law. I argue that only recognition of women’s multiple affiliations, and the subtle interactions among them, can help resolve these dilemmas. The recognition of multiple legal affiliations does not sit well with the traditional view that a clear line can be drawn between public and private, official and unofficial, secular and religious, or positive law and traditional practice. Instead, to recognize multiple affiliations is to require greater access to, and coordination among, these once competing sources of law and identity. Once we conceive of citizenship more richly, it becomes apparent that individuals and families should not be forced to choose between the rights of citizenship and group membership: instead, they should be afforded the opportunity to express their commitment to both. I offer a vision of how such an alternative might be realized. (shrink)

Initially portrayed as the “great equalizer,” the COVID-19 pandemic has proved anything but. This essay recounts the sobering social disparities and vulnerabilities that the pandemic has exposed, especially when it comes to the inequalities that are baked into existing membership regimes, before turning to narratives of hope and democratic renewal. My discussion shines a spotlight on the relationship between borders, (im)mobility, and struggles for recognition and inclusion that have long been central to the practice of citizenship. Focusing on pathways to (...) the acquisition of full membership status for those who are currently denied it, I will deploy logics and policies that have already begun to take shape in different parts of the world, with the goal of amplifying their effects and multiplying their scale. I identify three possible trajectories for postpandemic recovery, two of which offer ways to enhance equality of status and public standing by enlarging the circle of membership: first, through contribution (or what I will term “jus contribuere”), and second, by highlighting what we might call “solidarity in place.” The third reaction, which we might call the “stratification of membership,” pulls in the opposite direction by sharply redrawing the lines—legal, economic, social—that have distinguished insiders from outsiders, and exacerbated patterns of stratification and inequality of status and opportunity that predate the pandemic. (shrink)

Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.

In today’s world, one’s place of birth and one’s parentage are — by law — relevant to, and often conclusive of, one’s access to membership in a particular political community. Birthright citizenship largely shapes the allocation of membership entitlement itself. But no less significantly, it also distributes opportunity unequally. This makes citizenship a matter of inherited entitlement. In a world in which membership in different political communities translates into very different starting points in life, upholding this legal connection between birth, (...) political membership, and life opportunities raises important questions of distributive justice. These questions are particularly pressing given that the vast majority of the world’s population — 97 out of every 100 people — acquire political membership via circumstances beyond their control, that is, according to where and to whom they were born. While we find vibrant debates in the literature about the legitimacy of citizenship’s demos-demarcation function, the perpetuation of unequal starting points through intergenerational transmission of membership has largely escaped scrutiny. It is this omission that this Article aims to address. (shrink)

The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the most difficult questions of human rights (...) theory and practice: What do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies, and international relations. (shrink)

Recent political theory has attempted to unbundle demos and ethnos, and thus citizenship from national identity. There are two possible ways to meet this challenge: by taming the relationship between citizenship and the nation, for example, by defending a form of liberal multicultural nationalism, or by transcending it with a postnational, cosmopolitan conception of citizenship. Both strategies run up against the boundedness of democratic authority. In this paper, I argue that Shachar adresses this issue in an innovative way, but (...) remains ultimately trapped by it. My argument has two parts. In the first one, I look at the analogy between property and citizenship on which Shachar rely to justify the obligations of wealthy states towards the global poor. I suggest that it does not work well to explain the rarity of citizenship and that the idea of taxing its value at the global level, however intuitive in liberal theory on property, could yield unexpected and non-liberal consequences. Nevertheless I also assess its merits. In the second part, I suggest that Shachar’s claim that her argument generates a legal obligation toward the global poor is not binding. It could only be so with the kind of cosmopolitan political institutions that she eschews. Thus we return where we begin. (shrink)

Ethics &International Affairs, Volume 24, Issue 4, Page 431-433, Winter 2010.

Ethics &International Affairs, Volume 24, Issue 4, Page 431-433, Winter 2010.

The upcoming World Congress of Bioethics (WCB) will take place in Qatar in 2024. In response to criticism regarding this location, The international Association of Bioethics (IAB) board members exp...

The emergence of the genetic counseling profession has allowed laypeople to understand and benefit from biological advances, and to make critical decisions about their application. The discipline of genetic counseling has been criticized from its very beginning, in particular because of its early association with the eugenics movement. This paper presents a critical and reflective overview of how genetic counseling is implicitly embedded in the history of eugenics but also counteracts past eugenic practices and ideas. After World War II, attempts (...) were made to distance genetic counseling from eugenics. The first definition of genetic counseling did not position this field as a medical encounter but "as a kind of genetic social work aimed primarily to provide people with an understanding of their family's genetics problems." This approach was a reaction to the genetic and social evolutionary ideas that informed eugenic theories during the first half of the 20th century. Professionals engaged in genetic counseling during the 1940s and1950s rejected eugenic practices, but there was still support for eugenics’ goals of improving heredity and eliminating disease. From the 1960s, genetic counseling underwent professionalization alongside feminization and a definition of core values. Among these values were nondirectiveness counseling and the autonomy of the counselee. The dark shadow of Nazi ideology and other eugenic practices, attempts to employ the historical responsibility of geneticists, and the dynamic medical, social, political, and educational changes of the 1960s and 1970s helped to frame approaches and delineate the goals and limits of the new profession of “genetic counseling.”. (shrink)

Hegel has long been considered a major thinker of progress. This paper extends Hegel’s philosophy of progress into an outline of a philosophy of technology. It does this not by directly reading the little Hegel wrote on the subject, but by introducing six central Hegelian ideas that bear on the technological thought. It argues that, for Hegel, (1) mankind is destined to change its destiny; (2) that true change involved qualitative change; (3) that true change is conceptual, and not material, (...) change; (4) that history progresses immanently according to its own laws; (5) that history progresses towards ever greater artificiality; and that (6) artificiality is closely linked to freedom. These ideas cohere into a Hegelian metaphysics of technology, which is supportive of the technological enterprise. This paper is meant both to sketch a metaphysical understanding of the technological enterprise, and to trace the intellectual roots of contemporary technological utopianism. (shrink)

ABSTRACTThis paper attempts to shed light on Hegel’s recurring comment that Spinoza’s philosophy lacks the ‘principle of individuality’. It shows that this criticism can have three distinct meanings: that Spinozism cannot account for the multiplicity of finite individuals; that Spinozism leads to a moral devaluation of the finite individual; the form of substance is indifferent and lacks a differentiating principle. It is shown that Hegel argued, somewhat incoherently, for all three.

In _The Curious Case of the Camel in Modern Japan_, Ayelet Zohar addresses issues of Orientalism, colonialism, and exoticism in modern Japan, through images of camels – the epitome of Otherness, and a metonymy for Asia in the Japanese imagination.

I present evidence in favor of an overarching motivational self: a mental function that regulates expression of multiple goals. Goals often conflict with each other, and the role of a motivational self is to consciously or unconsciously prioritize pursuit of these goals. When observing inconsistency in expression of goals, it is therefore useful to consider whether the motivational self is attempting to balance between conflicting goals or if such inconsistency results from temporary self-control weakness.

This text reads into the work of Ibrahim Nubani (1962—), a Palestinian-Israeli painter who was diagnosed with schizophrenia in 1988, during the first Intifada. Nubani’s painting has undergone a tremendous change from the 1980s and the period of his hospitalization to his painting style today: from geometric, Modernist-type painting, gradually moving into his contemporary chaotic and saturated style of expression. I draw parallels between Nubani’s personal and psychological condition and the political events that affected him. I refer to his state (...) in relation to the discourse of mimicry and camouflage in nature, comparing his position to that of the invisible presences in the background in a perfect camouflage, referring to Roger Caillois’ interpretations. I look at his diagnosed psychiatric state of schizophrenia as the materialization of the meaning of being a Palestinian-Israeli in a life of fragmentation and rejection, by referring to Bhabha and Shammas. I relate to Deleuze and Guattari’s notions of schizophrenia as a cultural rebellion against the moderating mechanisms of cultural/national identification. I demonstrate how Nubani’s work and speech undermine the modalities of mainstream Israeli society, acting like a cultural insurgent, terrorizing Zionist axioms. While analysing Nubani’s iconography I identify several tropes, images and icons that serve as signifiers of his personal crisis and artistic development. I link Nubani’s eyes/ocelli images to Lacan’s discussion of ‘symbolic castration’ as the core of his personal becoming part of Israeli society and his collapse, the in-between desire to assimilate in the early stages of his life, and his current desire to fully live his life as a Palestinian. The text moves between his images and images from other sources that open Nubani’s world into the discourses of Western painting, schizophrenia, high Modernism, the postcolonial condition and so forth. The text is fragmented into eight pieces, following the schizophrenic break-up of Nubani’s personal state and his painted work. I read his work as a destabilizing agent, and identify visual references drawn from the wider context of art history, and specifically referring to masterpieces of the Israeli art canon. (shrink)

I argue that images of the notion of group, in correspondence with their social and political values, shape the debate over the evolution of altruism by group selection. Important aspects of this debate are empirical, and criteria can decide among a variety of selection processes. However, leading researchers undermine or reinterpret such tests, explaining the evolution of altruism on the basis of a single extreme metaphor of ‘group’ and a single inclusive selection process. I shall argue that the extreme images (...) for the notion of group are associated with ideologies that these researchers support or fear. Hence, the history of social and political uses of ‘group’ and ‘group selection’ can explain, at least in part, some of the empirical deficiencies of the debate, and why it has continued without resolution or dissolution. (shrink)

Representations of the fingers are embodied in our cognition and influence performance in enumeration tasks. Among deaf signers, the fingers also serve as a tool for communication in sign language. Previous studies in normal hearing (NH) participants showed effects of embodiment (i.e., embodied numerosity) on tactile enumeration using the fingers of one hand. In this research, we examined the influence of extensive visuo‐manual use on tactile enumeration among the deaf. We carried out four enumeration task experiments, using 1–5 stimuli, on (...) a profoundly deaf group (n = 16) and a matching NH group (n = 15): (a) tactile enumeration using one hand, (b) tactile enumeration using two hands, (c) visual enumeration of finger signs, and (d) visual enumeration of dots. In the tactile tasks, we found salient embodied effects in the deaf group compared to the NH group. In the visual enumeration of finger signs task, we controlled the meanings of the stimuli presentation type (e.g., finger‐counting habit, fingerspelled letters, both or neither). Interestingly, when comparing fingerspelled letters to neutrals (i.e., not letters or numerical finger‐counting signs), an inhibition pattern was observed among the deaf. The findings uncover the influence of rich visuo‐manual experiences and language on embodied representations. In addition, we propose that these influences can partially account for the lag in mathematical competencies in the deaf compared to NH peers. Lastly, we further discuss how our findings support a contemporary model for mental numerical representations and finger‐counting habits. (shrink)

Plutarch’s exuberant writings reaped praise in both antique and modern times. Various aspects of his work have been amply studied and analysed, yet some remain less discussed. This paper therefore aims to contribute to the ongoing research of his works by examining Plutarch’s references to stasis in general, and more particularly to the Roman civil wars. Plutarch lived through the civil wars of 69 CE, and although he did not suffer by experiencing them directly, these events no doubt contributed to (...) his views on the role of stasis and civil war, especially in Roman history. While Plutarch does not openly express his convictions on these events, especially not on contemporary occurrences, civil unrest is nevertheless a deliberate and significant theme in all of his writings. This paper presents various examples from Plutarch’s work which illuminate his particular understanding of Roman civil dissension and the ways in which he cleverly and meticulously approached this issue, being aware of the threat it may have posed him during the principate. (shrink)

This paper examines the empirical aspect of the debates over group selection. I argue that specific narrow readings of the notion of ‘group’ result in a deficient experimentation of the group selection process. Criteria for empirical testability are presented and used to reexamine two well-known experiments of group selection. I argue that the former holds a narrow image of ‘group’ that does not distinguish group selection from selection at other levels; while the latter holds a multifaceted image of ‘group’ that (...) offers a way to achieve substantive progress in the debate. However, most supporters and opponent of group selection maintain a narrow and restricted image of ‘group’, which implicitly undermines informative details regarding population dynamics and population structure. These details may improve our understanding of the evolution of altruism and the evolution of sociality. To conclude, adopting a wide-ranging meaning of ‘group’ may empirically advance the group selection debates. (shrink)

Many theoretical publications make assumptions about the facts of globalization, and in particular about the role and autonomy of the nation state. These factual claims and assumptions often play an important role in justifying the normative conclusions, yet remain under-explored. This interdisciplinary volume examines questions that are central to the problems of both social and international justice, and in particular, to their interdependence: How do global and transnational factors influence the capacity of states to be internally just? Has the state (...) lost its capacity for autonomous action in the global economy, and thus its ethical significance for theories of justice? If so, which institutional reforms could address this problem? What is the role of the state in a just international order? The authors address important connections between domestic social justice and global dynamics, by identifying problematic practices and trends in the current global order. They examine political, economic and legal changes and offer normative views on concrete policies and institutions that are particularly important and/or problematic – i.e. international health policies, the World Bank, taxation policies and the World Trade Organization. Focusing on the relationship between social and global justice and establishing connections between political theory and empirical research, this book is vital reading for students and scholars of Politics, International Relations, and Development Studies. (shrink)

In British Hegelianism we find, forgotten, a weighty theory of individuality. This theory remains one of the most sustained attempts in the history of philosophy to analyze the individual, not in the social or psychological sense, but as a logical-metaphysical category. The Idealist conceptualization of the individual is bound with their unconventional theory of universals, for they argued that any individual is a “concrete universal,” and vice versa. This article reconstructs the British Idealist theory of individuality, highlighting its key insights: (...) (a) the individual is not a simple unit, but a small system with interrelated parts; (b) the individual is not simply given, but is mediated by thought; (c) the individual is the conceptual glue holding the parts together and assigning them their respective places; (d) the conceptualization of the individual lies at the intersection of logic, aesthetics and systems theory. (shrink)