This paper draws upon Hannah Arendt's idea of the 'right to have rights' to critique the current protection gap faced by refugees today. While refugees are protected from refoulement once they make it to the jurisdiction or territory of a state, they face an ever-increasing array of non-entrée policies designed to stymie access to state territory. Without being able to enter a state capable of securing their claims to safety and dignity, refugees cannot achieve the rights which ought to be (...) afforded to them under international law. Drawing upon both legal theory and political philosophy, this paper argues that refugees today, just as the stateless in Arendt’s time, must be afforded the ‘right to have rights’, understood as a right to enter state territory. (shrink)

ABSTRACTThis paper examines the differences between the thought of Hannah Arendt and Emmanuel Levinas concerning the “Rights of Man”, in relation to stateless persons. In The Origins of Totalitarianism, Arendt evinces a profound scepticism towards this ideal, which for her was powerless without being tethered to citizenship. But Arendt’s own idea of the “Right to have Rights” is critiqued here as being inadequate to the ethical demand placed upon states by refugees, in failing to articulate just what states might be (...) responsible for. I argue that the ethical philosophy of Levinas meets this lacuna in Arendt’s thought, via his concept of the Face as the locus of human dignity and to which states can be recalled to responsibility. Levinas wrote several papers on what he called “the phenomenology of the Rights of Man”, and in his phrase, which provides a summation of precisely what is lacking in Arendt’s arguments: “In the face – a right is there”. (shrink)

In Refugees, Nathan Bell argues for nothing less than a new concept of the political: that societies (liberal or not, in the mode of the sovereign state or some other form) embrace an ethos of responsibility for others, where the right to seek asylum becomes foundational for politics itself.

Much philosophical attention has been devoted to “The Land Ethic,” especially by Anglo-American philosophers, but little has been paid to A Sand County Almanac as a whole. Read through the lens of continental philosophy, A Sand County Almanac promulgates an evolutionary-ecological world view and effects a personal self- and a species-specific Self-transformation in its audience. It’s author, Aldo Leopold, realizes these aims through descriptive reflection that has something in common with phenomenology-although Leopold was by no stretch of the imagination a (...) phenomenologist. Consideration of human-animal intersubjectivity, thematized in A Sand County Almanac, brings to light the moral problem of hunting and killing animal subjects. Leopold does not confront that problem, but it is confronted and resolved by Jose Ortega y Gassett, Henry Beston, and Paul Shepard in terms of an appropriate human relationship with wild-animal Others. Comparison with the genuinely Other-based Leopold-Ortega-Beston-Shepard wild-animal ethic shows the purportedly Other-based humanand possibly animal ethic of Emmanuel Levinas actually to be Same-based after all. (shrink)