As nation-states make greater efforts to regulate the flow of people on the move—refugees, economic migrants, and international travelers alike—advocates of DNA profiling technologies claim DNA testing provides a reliable and objective way of revealing a person’s true identity for immigration procedures. This article examines the use of DNA testing for family reunification in immigration cases in Finland, Germany, and the United States—the first transatlantic analysis of such cases—to explore the relationship between technology, the meaning of family, (...) and immigration. Drawing on our analyses of archival records, government documents, and interviews with immigration stakeholders, we argue that DNA testing is not conclusive about the meaning of family. While the technology may facilitate decision making for both would-be immigrants and state officials, our study shows hesitancy among the latter to let DNA testing make the final determination. We introduce the concept of social validity—whether the interpretation of test results matches social or political meanings in a given local context—in order to make sense of the complexities and challenges of DNA testing in practice. We show that DNA testing is not just a technology of belonging or a way to claim citizenship rights. It may also enable exclusion and denial of rights. (shrink)

This paper argues that pre‐departure language requirements for family reunification are unjustified. Such requirements are assumed to safeguard (1) the non‐instrumental cultural interests of citizens of the receiving society and (2) the instrumental language interests of both citizens and immigrants, for democratic life and political participation. The paper explores nationalist and multiculturalist arguments for implementing post‐arrival integration to ensure a shared public language but contends that such arguments cannot justify pre‐departure language requirements. In addition, instrumental language interests for (...) democratic political life fall empirically short and place undue burdens on immigrants. The case of family reunification poses a unique moral problem, given the vital interest in living with one's family. The paper argues that the linguistic interests of the receiving state, in general, do not outweigh the claim to family reunification. (shrink)

In this article I call for an awareness of the mobile commons– the informal support that exists among migrating people, NGOs, and activists – in relation to the realization of family reunification. Taking its point of departure in a concrete case of family reunification for young unaccompanied children, the article seeks to expose how the traditional legal notion of the liberal subject fails to provide protection in the context of legal practice. I argue for using the (...) vulnerable subject as a starting point, in order to make more visible the context in which law operates and ensure protection even for the youngest children. (shrink)

In immisgration policies the use of genetical parental testing has become a common procedure to decide which applicants have a legal claim for family reunification. Many scholars argue that this introduction of DNA analyses establishes a biologically biased understanding of family relationships and undermines a social concept of family. This paper reflects on the underlying concepts of the relationship between family and the state in this field. Referring to Hegel it can be shown that even (...) today family is conceived as,presocial‘, as the constitutive other of the social sphere. This assumption helps to explain the privileging of the nuclear family in national and international legislation. The main logic and intention of family rights is neither to protect incomparable emotional ties between individuals nor biological blood bounds. It is not about saving loving relationships as such, but rather about trying to govern them and to legitimate the State itself. (shrink)

Migration policy is a product and producer of identities and values. This article argues that discourses and policies on family reunification participate in the politics of belonging, and that gender and family norms play a crucial role in this production of collective identities, i.e. in defining who ‘we’ are and what distinguishes ‘us’ from ‘the others’. Tracing the development of political debates and policy-making about ‘fraudulent’ and ‘forced’ marriages in the Netherlands since the 1970s, the authors examine (...) how categories of gender and ethnicity interact with ‘other’ transnational marriages and the women who engage in them. These practices of ‘othering’ legitimize restrictive reforms of marriage migration policies. Also, and no less importantly, they serve the symbolic function of defining Dutch identity, and show that the government protects this identity. (shrink)

This article argues that citizens have a basic right to invite family members and spouses into their society on the basis of Rawlsian egalitarian premises. This right is argued to be just as basic as other recognized basic rights, such as freedom of speech. The argument suggests further that we must treat immigration and family reunification, in particular, as central issues of domestic justice. The article also examines the implications of these points for the importance of immigration (...) in liberal domestic justice and suggests avenues for further research on the interplay of considerations of justice towards citizens and non-citizens. (shrink)

During the 16-year civil war in Mozambique thousands of children were separated from their families as a direct or indirect result of conflict and displacement. International organizations lent support to a national family tracing and reunification programme coordinated by the government Department for Social Action. Drawing on the findings of an empirical study of the sustainability of substitute family care, this article describes the tensions associated with the involvement of international organizations during the emergency conditions of the (...) war, in post-war rehabilitation and in longer term development. It explores the ethical dimensions of social welfare interventions across borders and continents and concludes by arguing a case for international humanitarian agencies to base their interventions to ?help? separated children on deeper knowledges of the social and political history, and the values, beliefs and normative practices of the populations with whom they work. (shrink)

This essay discusses the ethical issues raised by immigration to rich democratic states in Europe and North America. The article identifies questions about the following topics: access to citizenship, inclusion, residents, temporary workers, irregular migrants, non-discrimination in admissions, family reunification, refugees, and open borders. It explores the answers to these questions that flow from a commitment to democratic principles.

A number of philosophers argue that the earth’s resources belong to every- one equally. Suppose this is true. Does this entail that people have a right to migrate across borders? This article considers two models of egalitarian ownership and assesses their implications for immigration policy. The first is Equal Division, under which each person is granted an equal share of the value of the earth’s natural resources. The second is Common Ownership, under which every person has the right to use (...) the earth’s natural resources, but not the right to exclude others from them. While these models and their associated ideas have a long history within Western political thought, this article will examine them as they are presented by two sets of contemporary philosophers: Hillel Steiner, who defends Equal Division, and Michael Blake and Mathias Risse, who defend Common Ownership. In the case of each model, the article does three things. First, it considers the implications of the model for immigration policy. Second, it defends the model against objections from those defending immigration restrictions. Third, it contends that the model does not go far enough in its opposition to immigration restrictions. More specifically, the article argues that both Equal Division and Common Ownership, as presented by their proponents, fail to respect the claims of people whose interest in the land is not primarily economic. If the earth belongs to everyone equally, then people should not be prevented from pursuing important migratory goals such as family reunification, career development and education. The article concludes with a proposal for com- bining Equal Division with Common Ownership. Under this combined model, peo- ple would be free to migrate across international borders. (shrink)

This article investigates the discourse on child marriage as reflected in the entire corpus of official investigations Statens Offentliga Utredningar and government bills proposing legislative measures against child marriage in Sweden since the first motions on the issue were drafted in 2001. It analyzes them as instances of sexularism: a form of secularism where the secular is construed in relation to sexual emancipation and gender equality rather than in relation to politics or the public sphere. It then connects the effects (...) of legislation against child marriage on the right to family reunification to the racialization of migrant populations and religious minorities in Sweden. (shrink)

In recent years, marriage migration as a form of family reunification has become a growing policy concern for migration governance in European member states and is seen as ‘the last loophole’ in EU migration policy in the face of a supposedly large and increasing number of sham marriages through which the non-European spouse is granted a residency permit. Several European nations have therefore legislated legal-administrative measures to battle marriages of convenience by investigating cross-border marriage applications prior to celebrating (...) or recognising the marital union. In this article, I draw on a linguistic ethnographic empirical study of legal-administrative investigations conducted by Belgian municipal authorities to determine whether cross-border marriage applications to their civil registry office are ‘genuine’ or ‘fake’. In particular, I examine how the legal framework and guidelines for investigation are bureaucratically implemented in practice in Belgian civil registry offices with a particular focus on the role of a discursively constructed notion of genuine cross-border love and a bureaucratically acceptable relationship in both policy documents and interviewing practice. (shrink)

This dissertation concerns the rights of refugees. It is a project of two parts. Part One provides an account of the scope of the right to refuge in international law. Here, I reject both the alienage and persecution requirements for refugee-status-eligibility outlined in the 1951 Refugee Convention. Instead, I defend a definition that extends the right to refuge to any individual whose human rights are urgently threatened, who has no effective recourse to their home government, and whose interests can only (...) or best be satisfied by means of refuge. In Part Two, I turn to the question of what refugee-hosting states and societies owe to refugees within their borders. Here, I provide a refugee-specific framework for future discussion on the topic of integration, and outline some high-level rights and responsibilities states, refugees, and members of the host society have to facilitate integration between refugees and their host communities. I also provide an account of the scope and nature of refugee family reunification rights, arguing that states have stronger, broader, and less-conditional duties to reunite refugees with their families, especially when those refugees are children. I conclude with a summary of the arguments in this dissertation, and an outline of the primary principles upon which those arguments depend. (shrink)

In recent years, there has been an intense debate about the concept of “biological” or “genetic citizenship.” The growing literature on this topic mostly refers to the importance of patients’ associations, disease advocacy organizations, and self-help groups that are giving rise to new forms of subjectivation and collective action. The focus is on the extension of rights, the emergence of new possibilities of participation, and the choice-enhancing options of the new genetics. However, this perspective tends to neglect the potential for (...) exclusion and restriction of citizenship rights based on biological traits. We aim to broaden and complement the existing theoretical discussion on biological citizenship, which so far has concentrated on the medical sphere, by investigating a new empirical field. The article analyzes the use of DNA analysis for family reunification and shows that biological criteria still play an important role in decision making on citizenship rights in nation-states. Presenting Germany as an exemplary case, we argue that the use of parental testing endorses a biological concept of the family that is mobilized to diminish citizenship rights. The argument is based on documentary analysis and on interviews with representatives of nongovernmental organizations and immigration authorities, lawyers, geneticists, and applicants for family reunification. (shrink)

In November 2011, Citizenship and Immigration Canada paused the parents/grandparents (PGP) sponsorship immigration and announced a new Super Visa program simultaneously to facilitate family reunification, specifically among older adults waiting to be reunified with their children in Canada. We conducted a qualitative study to understand the experiences of immigrant families with the Super Visa Program. In total, 19 semi-structured interviews were conducted in Toronto with Chinese immigrants and parents holding a Super Visa. Our findings revealed that Super Visa (...) program is helpful for family reunification, especially for those whose regular visa applications are not successful. However, Super Visa is still a visitor visa and parents/grandparents have to leave after a maximum of two years. This temporary status of their parents does not promote among immigrants a sense of belonging in Canada, but reinforces their feeling of being treated as “foreigner”. They also debunked the stigma that older parents/grandparents come to Canada for better welfare and are non-contributor and a burden to Canadian society. We observe older parents/grandparents are categorized as “undesirable” and their unpaid contributions to immigrant family and Canada society are rendered invisible. We argue there exits an inherent link between PGP policy changes and social injustice. Behind the negative portrayal of older parents/grandparents and policy changes on them is State’s neoliberal governmentality grounded upon market norms and mechanism. The immigration and social injustice inflicting on older PGP migrants manifests that neoliberal immigration regime is still structurally raced, gendered, classed, and may be intertwined with other stigmatizing dynamics such as ageist, ableist etc. within the State’s power relationship. (shrink)

The South African labor market is characterized by a high degree of inflexibility and complexity which poses significant challenges for both indigenes and migrants looking to be integrated into the labor market. These challenges are likely to be more poignant for international migrants as they face additional barriers owing to a chronically high employment rate, xenophobic sentiments, and racial exclusion. For female tied migrants, gender bias, expressed through migration policies and legislation, adds yet another layer of complexity to long-term aspirations (...) of settling in South Africa. How well tied migrants fare in the South African labor market is an important matter for consideration. Using an intersectional approach and the theory of governmentality, this study sought to deconstruct the labor market subjectivities of tied migrants in South Africa. This paper used a qualitative approach, with a narrative and interpretivist research paradigm, on female tied migrants from Sub-Saharan Africa who either accompanied their husbands or followed them to South Africa in a process of family reunification. Although 13 interviews were carried out in total, as part of a broader study, the narratives of six participants were included in this study, to zone in on labor market experiences. The study found that despite their high human capital, tied migrants are not likely to be well integrated into the South African labor market. Their inequality in the South African labor market was attributed to their gender, ethnicity, race, migrant status and locality and various intersections thereof through which they are subjected to informality, immobility and precarity. (shrink)

Changes in immigration policy and legislation have the power to shape and alter the gendering of migration in significant ways, and can have a dramatic effect on the lives and relationships of the men, women and families involved. In this paper, we examine the provisions of the new Immigration Act introduced in South Africa in 2002. The Act, which replaces the outdated Aliens Control Act of 1991, gives considerable cause for concern on gender grounds. Foremost, the Act entrenches a system (...) of male-dominated regional labour migration that has its origins in the 19th-century discovery of gold and diamonds. The male bias in the work permit and other employment-based categories along with the limits to family reunification for those entering for work are likely in effect to discriminate against women to a greater extent than men. While similar gender concerns are common to most immigration policy regimes around the world, the particular circumstances of the South African case, where both skilled and unskilled migration streams are heavily male-dominated, makes them especially acute here. This paper contextualizes migration regimes in South Africa and examines in detail the likely implications of the new Immigration Act. (shrink)

A number of philosophers argue that the earth's resources belong to everyone equally. Suppose this is true. Does this entail that people have a right to migrate across borders? This article considers two models of egalitarian ownership and assesses their implications for immigration policy. The first is Equal Division, under which each person is granted an equal share of the value of the earth's natural resources. The second is Common Ownership, under which every person has the right to use the (...) earth's natural resources, but not the right to exclude others from them. While these models and their associated ideas have a long history within Western political thought, this article will examine them as they are presented by two sets of contemporary philosophers: Hillel Steiner, who defends Equal Division, and Michael Blake and Mathias Risse, who defend Common Ownership. In the case of each model, the article does three things. First, it considers the implications of the model for immigration policy. Second, it defends the model against objections from those defending immigration restrictions. Third, it contends that the model does not go far enough in its opposition to immigration restrictions. More specifically, the article argues that both Equal Division and Common Ownership, as presented by their proponents, fail to respect the claims of people whose interest in the land is not primarily economic. If the earth belongs to everyone equally, then people should not be prevented from pursuing important migratory goals such as family reunification, career development and education. The article concludes with a proposal for combining Equal Division with Common Ownership. Under this combined model, people would be free to migrate across international borders. (shrink)

A number of philosophers argue that the earth's resources belong to everyone equally. Suppose this is true. Does this entail that people have a right to migrate across borders? This article considers two models of egalitarian ownership and assesses their implications for immigration policy. The first is Equal Division, under which each person is granted an equal share of the value of the earth's natural resources. The second is Common Ownership, under which every person has the right to use the (...) earth's natural resources, but not the right to exclude others from them. While these models and their associated ideas have a long history within Western political thought, this article will examine them as they are presented by two sets of contemporary philosophers: Hillel Steiner, who defends Equal Division, and Michael Blake and Mathias Risse, who defend Common Ownership. In the case of each model, the article does three things. First, it considers the implications of the model for immigration policy. Second, it defends the model against objections from those defending immigration restrictions. Third, it contends that the model does not go far enough in its opposition to immigration restrictions. More specifically, the article argues that both Equal Division and Common Ownership, as presented by their proponents, fail to respect the claims of people whose interest in the land is not primarily economic. If the earth belongs to everyone equally, then people should not be prevented from pursuing important migratory goals such as family reunification, career development and education. The article concludes with a proposal for combining Equal Division with Common Ownership. Under this combined model, people would be free to migrate across international borders. (shrink)

De 1965 à 1975, des travailleurs immigrés venus seuls – la plupart originaires de Turquie, du Maroc et de l’Europe du Sud – ont participé aux transformations des cultures sexuelles et de genre de l’Europe du Nord. Cependant, à partir du milieu des années 1970, l’arrivée des épouses et enfants venus de leur pays d’origine conduit à un changement d’attitude à l’égard de la liberté sexuelle. Cet article explore, dans le cas des Pays-Bas, ce tournant conservateur chez les travailleurs immigrés (...) lié au regroupement familial. Il propose l’utilisation du fonds de collections photographiques déposées par des immigrant.es à l’Institut d’histoire sociale d’Amsterdam et montre l’intérêt de ces archives personnelles pour écrire une histoire de la sexualité et de l’immigration. (shrink)

In the Coman case, the European Court of Justice was asked whether the term “spouse”—for the purposes of EU law—includes the same-sex spouse of an EU citizen who has moved between EU Member States. The ECJ answered this question affirmatively, holding that a refusal to recognise a same-sex marriage and the resultant refusal to grant family reunification rights to a Union citizen who moves to another Member State, would constitute an unjustified restriction on the right to free movement (...) that Union citizens enjoy under EU law. This case comment analyses the judgment, arguing that the Court’s pronouncement is a very welcome first step towards marriage equality at a cross-border level in the EU. At the same time, following the delivery of this ruling, a lot of questions have arisen and gaps in the protection of same-sex couples persist, and these are also analysed in this piece. (shrink)

In this paper I present two reasons why generalized skill-selection--a policy whereby skill, education, and economic independence are indefinitely prioritized in immigration decisions--is pro tanto unjust. First, such policies feed into existing biases, exacerbating status harms for low-SES citizens. The claim that we prefer the skilled to the unskilled, the educated to the uneducated, and the financially secure to the insecure is also heard by citizens. And there is considerable overlap between this message and the stereotypes and biases that set (...) their social status. Skill-selection can reinforce these biases, offering state support for the claim that they are less desirable as members of the society. -/- Second, the need for skilled immigrants ordinarily depends upon and reinforces failures of fair equality of opportunity (FEO). According to the dependency thesis, the need for skilled migrants stems from a failure to ensure domestic FEO. Many low-SES residents would desire to work, for example, as doctors or nurses. However, unequal education, as well as poverty and debt, have made such opportunities largely inaccessible. According to the reinforcement thesis, skill-selection disincentivizes the pursuit of FEO. A state that can meet domestic labor needs through less costly immigration policies will be disinclined to pursue programs designed to equalize opportunities for low-SES residents. -/- Generalized skill-selection in high-income countries like the US is, therefore, pro tanto unjust. However, this is not an argument for excluding the skilled. Skilled immigrants can be admitted through other policies—open borders, family-reunification, or a lottery—without the state signaling that the skilled are more desirable or perpetuating failures of FEO. And states can, responding to local emergencies, temporarily select for particular professions without contributing to these injustices. These concerns only arise when skill is generally and indefinitely prioritized. (shrink)

This article compares the moral significance of two types of immigration, that which is based on the unification of citizens and non-citizens and that which is based on the skilled labor needs of the receiving society. I assess the interests of both citizens and non-citizens affected by each of these types of inflows and argue that unification admissions should be given priority over skilled workers but states retain a qualified moral permission to incentivize skilled worker migration.

La migración humana es un cambio de residencia que afecta principalmente a los individuos que la viven pero también a los países y regiones de donde parten y a donde llegan. Se trata de un complejo fenómeno multidimensional y difícil de estudiar por su carácter retrospectivo que obliga a examinarlo posteriormente al acto de partir. Sabemos que está causado por las crisis económicas, sociales, religiosas y políticas, que son muchos los factores que lo explican y que el proceso globalizador de (...) los últimos años ha incidido fuertemente en el fenómeno. Pero en lo que nos atañe -una reflexión comprensiva desde las ciencias sociales- hemos preferido detenernos, para no perder de vista, y con ello no perder-la-vista, en las consecuencias cotidianas (aun incompletas) que tiene para las peruanas inmigrantes el hecho de vivir y trabajar en Santiago de Chile. ¿Por qué se vienen? ¿Cómo resuelven sus vidas? ¿Qué vínculos mantienen con sus familias, sus pueblos, sus amigos? ¿Cómo las han acogido? ¿Cómo son sus trayectorias de trabajo? ¿Han logrado acostumbrarse? ¿Piensan quedarse en Chile o desean regresar al Perú? Intentando responder a estas preguntas, el presente trabajo desea aportar a la reflexión a partir de fragmentos de un estudio que actualmente llevamos a cabo. Pensamos que pueden servir para dar a conocer sus experiencias y para construir nuevos abordajes y metodologías de investigación científica que ayuden a que sus existencias sean más dignas y que sus vínculos con Chile se construyan de un modo menos violento. (shrink)

The Third Covenant explores the work of Pierre Teilhard de Chardin, Thomas Berry, and Albert LaChance, revealing through the lens of spirituality, science, and ecology, their understanding of human origin and evolution. Pierre Teilhard de Chardin, an early twentieth century geologist and priest, devoted his life as a scientist, clergyman, and mystic, to reuniting the artificial fracture between science and religion. Thomas Berry, a follower of Teilhard de Chardin and a highly respected cultural historian, furthered this reunification by repositioning (...) the human in the unfolding of an evolving universe, integrated and interdependent with the rest of the life systems of the planet. Albert LaChance, himself a six-year, face-to-face student of Berry, brought this new paradigm into his work as a poet, psychologist, addiction recovery professional, and most importantly, as a mystic and scholar of religion. Along with his daughter, Rebecca LaChance Goodwin, LaChance explores the development of this crucial shift in human understanding and its implications for the future. Parts I and II explore the elements of polarized thinking that makes us believe that we are separate from each other and the life systems of the planet. Thomas Berry's list of twelve principles for understanding the universe and the role of the human in the universe process describes the creative unfolding of our place in the universe. Part III introduces practical steps for achieving personal, familial, and cultural change. LaChance outlines his Twelve Steps of Ecological Spirituality to help us move from powerlessness and isolation to a state of reawakening to self, to humanity, to all species, to the planet, and to the universe. (shrink)

Straipsnyje analizuojamos Karsavino Eurazijos ir simfoninės asmenybės teorijos ir jų įtaka asmeniniam Karsavino likimui, jo sofiologinėms mesianistinėms nuostatoms. Aptariama svarbiausių filosofinių Karsavino idėjų genezė: gyvo religingumo ir bendrojo religinio fondo, gnostinės pleromos interpretacijos, Šv. Trejybės dialektika ir jos santykis su N. Kuziečio filosofija, simfoninės asmenybės teorija. Pagrindinis teiginys apie Karsavino ir Kuziečio filosofijų skirtumą yra pagrįstas kristologiniais Karsavino argumentais apie Kuziečio filosofijos nepakankamumą aiškinant Dievo kaip Possest eksplikacijos ir komplikacijos problematiką. Karsavinas, remdamasis ortodoksiniais kristologiniais teiginiais, simfoninės asmenybės bei ideokratijos teorija (...) bei tipologine, istoriosofine civilizacijų klasifikacija, pagrindžia kairiąją Eurazijos sąjūdžio ideologiją, kuri išliko aktuali ir šiandienos Rusijos politinei situacijai. Straipsnyje parodomos lietuviškosios filosofijos ir Karsavino samprotavimų paralelės ir keliamas klausimas dėl Eurazijos ideologijos nesvarstymo tarpukario Lietuvoje. Straipsnio pabaigoje grįžtama prie filosofinio Karsavino apsisprendimo, saikingų, asmeninių mesianistinių jo nuostatų ir sokratiško likimo tardymų, įkalinimo Abezės lageryje laikotarpiu. Pagrindiniai žodžiai: gyvasis religingumas, simfoninė asmenybė, panteizmas, gnoticizmas, mesianizmas. Historiosophical Messianism of L. Karsavin and the Idea of Eurasia Gintautas Mažeikis Summary The historiosophical and messianistic ideas of L. Karsavin and his ideology of left Eurasia were based on the theological and gnostic symbolism of the early 20th century, F. Schelling’s philosophy of Myth and Universality, Vl. Solovjov’s Philosophy of Universality, Mystics of Christology, the Orthodox understanding of Saint Trinity, typological theory of civilizations. At the beginning of his mediaeval researches Karsavin investigated sacral events in rural areas in the 17th–18th centuries, especially in Italy, magic activities and popular beliefs in Christian Saints, based on uncritical, natural, live religious feelings and spontaneous faith. He maintained live religious faith to be the background for the significance and utility of all canonical religious rules and churches. These ideas are similar to the French school of Annales and to the M. Bakhtin’s theory of Carnival issues of the Mediaeval tradition of laughter. However, Karsavin re lated his consideration of spontaneous hierophany to the gnostic tradition of Divine Pleroma. It is important to them in order to interpret the philosophy of Nicolaus Cusanus, especially his conception of God as Possest and a permanent and contradictory process of explicatio and complicatio. On the basis of Cusanus’ philosophy, Karsavin developed his personal idea of dialectics of Saint Trinity as a union of Divine personalities. Karsavin maintained that the conception of Cusanus is insufficient because Cusanus didn’t explain the role of Christ in the full reunification of sinful human beings with God. By Karsavin, Cusanus avoided pantheistic tendencies and therefore couldn’t develop the theory of divination of personality. On the contrary, Karsavin develops the idea of divination of oneself in his theory of Symphonic personality. Every personality is a form of free solution and responsibility, love and self-sacrifice. Therefore, the personality develops itself from an autonomous individual into the personality as a family, the personality as a nation, as a state, and finally the personality transforms into a cosmic human being, or Adam Kadmon. The hierarchic growth of personality, his ontology presupposes his essential responsibility for the development of nation, state, culture and civilization. It was the basis of Karsavin’s messianism. The nation or culture couldn’t be developed in the necessary direction, towards divinity, without creative and self-sacrificing activity of the individual. The hierarchical conception of the world personality presupposes the ideocratic form of government. The idea of the ideocratic power makes Karsavin’s political considerations similar to the Soviet system of power. Karsavin from 1925 until 1929 was the leader of the left wing of the Eurasia movement which was located in Paris. He initiated and supported a dialog with Bolsheviks’ representatives. However, Karsavin strongly criticized communism and Bolsheviks from the Orthodox point of view. Karsavin was a deep believer and couldn’t support the destruction of churches by the Soviet regime. However, today it is possible to say that Karsavin’s political visions are very similar to the modern Vl. Putins’ regime in contemporary Russia. Eurasia and Symphonic Personality ideas became important motives for Karsavin’s coming to Lithuania in 1928. However, after arrival he didn’t participate in any political movement and developed his civilization ideas, the conception of ideocratic power and Symphonic Personality there. In the Lithuanian period, he becomes closer to the Russian Orthodox tradition of Old Believers and its ideas of self-sacrifice to populace. Karsavin didn’t emigrate from Lithuania in the threat of Soviet occupation. On the contrary, he spread his ideas of Symphonic Personality, dialectics of Trinity, self-sacrificing after the War and even in the concentration camp in Abeze until his death in 1952. Keywords: live religions, Symphonic Personality, pantheism, gnosticism, messianism. -size: 11pt;">. (shrink)

Immigration law is exceptional enough to deserve an administrative law focus of its own. The Administrative Procedure Act (APA) does not demand uniformity in adjudication. Therefore, it may be counterintuitive to argue that any one area of administrative adjudication is exceptional. Removal adjudication is indeed exceptional because it is an extremely dysfunctional system, it operates in a double void of fewer constitutional protections and without the protections of the APA, it relies on a vast network of civil detention, and it (...) is of a different genre than the type of regulation that drove the development of the APA. The exceptionality of removal adjudication demands a review of administrative law doctrine with this exceptionality in mind. (shrink)

While downsizing has been widely studied, its connection to firm ownership status and the reasons behind it are missing from extant research. We explore the relationship between downsizing and family ownership status among Fortune 500 firms. We␣propose that family firms downsize less than non-family firms, irrespective of performance, because their relationship with employees is based on normative commitments rather than financial performance alone. We suggest that their actions are related to employee- and community-friendly policies. We find that (...) family businesses do downsize less irrespective of financial performance considerations. However, their actions are not related to their employee- or community-friendly practices. The results raise issues related to the motivations of large multinationals to␣downsize and the drivers of their stakeholder management practices. (shrink)

Decisions regarding clinical procedures or research participation typically require the informed consent of individuals. When individuals are unable to give consent, the informed permission of a legally authorized representative or surrogate is required. Although many proposed procedures are aimed primarily at benefiting the individual, some are not. I argue that, particularly when individuals are asked to assume risks primarily or exclusively for the benefit of others, family members ought to be engaged in the informed consent process. Examples of procedures (...) in which individuals are asked to assume risks primarily or exclusively for the benefit of others include living organ donation and research participation. (shrink)

ABSTRACTWe will present 12 different mixed metainferential consequence relations. Each one of them is specified using two different inferential Tarskian or non-Tarskian consequence relations: or. We will show that it is possible to obtain a Tarskian logic with non-Tarskian inferential logics, but also a non-Tarskian logic with Tarskian inferential logics. Moreover, we will show how some of these metainferential logics work better than the corresponding inferential rivals. Finally, we will show how these logics prove that it is not enough to (...) work with inferences as pairs of sets of formulas to obtain a contractive logic. (shrink)

Corporate social responsibility (CSR) is one of the ways through which companies gain legitimacy. However, CSR actions themselves are subject to public skepticism because of increased public awareness of greenwashing and scandalous corporate behavior. Legitimacy of CSR actions is indeed influenced by the actions of the company but also is rooted in the basic cultural values of a society and in the ideologies of evaluators. This study examines the legitimacy of CSR actions of publicly traded forest products companies as compared (...) to family-owned forest products companies. Results indicate a lower legitimacy for CSR actions of publicly traded companies than for family-owned companies. The study also examines the effect of social responsibility orientation (SRO) of evaluators on the legitimacy accorded to companies' CSR actions. We found that SRO was negatively associated with legitimacy, especially for women. Perceived profitability of companies was negatively associated with legitimacy of CSR actions for publicly traded but not for family-owned companies. (shrink)

Over the past decade or so, the predominant patient-centered ethos in American bioethics has come under attack by critics who claim that it is morally deficient in certain respects, particularly when viewed in the context of acute-care decisionmaking. One line of criticism has been that the current ethic of patient autonomy gives an individual competent patient far too much decisional authority over the terms of his own treatment so that the patient is at complete liberty to neglect the ways in (...) which his medical decisions can drastically and negatively affect the lives of other family members. Given that family members must help shoulder the financial, emotional, and rehabilitative burdens involved in the patient's care, it has been argued that they too have a legitimate interest in choosing what sort of medical treatment the patient eventually receives. Another closely related line of criticism is that the prevailing focus on patient autonomy gives short shrift to the moral significance of the family as a genuine community. Echoing a view of the person advanced by most communitarian political theorists, some commentators have argued that the patient comes to the clinic so thoroughly embedded in a complex web of familial relationships and obligations that it does not make sense to identify him as the only person in the family to make decisions about treatment. (shrink)

This paper asks whether adult children have aduty of justice to act as caregivers for theirfrail, elderly parents. I begin (Sections I.and II.) by locating the historical reasons whyrelationships within families were not thoughtto raise issues of justice. I argue that thesereasons are misguided. The paper next presentsspecific examples showing the relevance ofjustice to family relationships. I point outthat in the United States today, the burden ofcaregiving for dependent parents fallsdisproportionately on women (Sections III. andIV.). The paper goes on (...) to use Rawls''theoretical tool of the veil of ignorance toargue that caring for parents should not belinked to a person''s sex and more generally,that there is no duty of justice to assume therole of caregiver for dependent parents(Sections V.). Although justice does notprovide the moral foundations for parent care,I show that it nonetheless places importantlimits on the instinct to care. I concludethat the voice of justice should be audible,and is intrinsically present, withinfamilies. (shrink)

This article reviews pertinent literature and presents findings from recent research to illustrate how CAFCASS (Children and Family Court Advisory and Support Service) private law practitioners understand, experience and manage the tension between empowerment and protection in welfare report enquiries. The traditional approach in the United Kingdom has been for children to be protected, especially when their divorced or separated parents are in conflict, but the balance is changing, as calls for the active participation of children in decisions that (...) affect them continue to grow louder. (shrink)

Reflecting teams play a significant role in family therapy; they broaden perspectives on how family dynamics or problems can be understood. However, what happens when a reflector does not feel compassionate towards a particular family member? There is a risk of biased reflections: families can pick up negative signals, putting the therapeutic relationship at risk. In this paper, I explore how I was supported to explore my lack of compassion for Dad ‘John’. It was only after reaching (...) out to an experienced supervisor who undertook an ‘internalised other’ interview with me – where I played the role of Dad – did my compassion increase. From an ethics of care perspective, I suggest that social professionals need to explore ways to increase empathy and compassion for clients they dislike. If they do not, they are open to valid criticism that they are behaving unethically as professionals. Therefore, there is a need to address deficits in empathy and compassion to sustain ethical social work practices. (shrink)

STAJDUHAR K, FUNK L, JAKOBSSON E and ÖHLÉN J. Nursing Inquiry 2010; 17: 221–230A critical analysis of health promotion and ‘empowerment’ in the context of palliative family care-givingTraditionally viewed as in opposition to palliative care, newer ideas about ‘health-promoting palliative care’ increasingly infuse the practices and philosophies of healthcare professionals, often invoking ideals of empowerment and participation in care and decision-making. The general tendency is to assume that empowerment, participation, and self-care are universally beneficial for and welcomed by all (...) individuals. But does this assumption hold for everyone, and do we fully understand the implications of health-promoting palliative care for family caregivers in particular? In this study, we draw on existing literature to highlight potential challenges arising from the application of ‘family empowerment’ strategies in palliative home-care nursing practice. In particular, there is a risk that empowerment may be operationalized as transferring technical and medical-care tasks to family caregivers at home. Yet, for some family caregivers, a sense of security and support, as well as trust in professionals, may be equally if not more important than empowerment. Relational and role concerns may also at times take precedence over a desire for empowerment. The potential implications of ‘family empowerment’ are explored in this regard. ‘Family empowerment’ approaches need to be accompanied by a strong understanding of how to best support individual palliative family caregivers. (shrink)

The aim of the present article is to explain the role of the judiciary in forming the family policy in Lithuania. For this purpose in the first part of the article the legal basis for the state family policy formation is discussed. The conclusion is drawn that the judiciary is not separated from the formation of the family policy by any constitutional means. The article further describes how this function is actually implemented by the judiciary. The actual (...) influence of the judiciary is demonstrated by an analysis of the Lithuanian case law in three different areas: dissolution of marriage, child maintenance and the protection of the rights of children born outside marriage. The results of the analysis suggest that the influence of the judiciary on the state family policy works in diverse ways: when filling in legal gaps overlooked by the legislator; determining specific criteria which are important to the state family policy (while the legislator has determined only general principles); introducing international human rights standards in the national legal system, etc. One of the most controversial ways for the case law to influence the state family policy is through the modification of the legal regulation models prescribed by the laws. (shrink)

Social anxiety disorders are among the most prevalent mental disorders, with high impact on the life of an affected social system and its individual social system members. We developed a manualized disorder-specific integrative systemic and family therapy for SAD, and evaluated its feasibility in a pilot randomized controlled trial. The ISFT is inspired by Helm Stierlin’s concept of related individuation developed during the early 1980s, which has since continued to be refined. It integrates solution-focused language, social network diagnostics, and (...) genogram work, as well as resource- and problem orientation for both case conceptualization and therapy planning. Post-Milan symptom prescription to fluidize the presented symptoms is one of the core interventions in the ISFT. Theoretically, the IFST is grounded in radical constructivism and “Cybern-Ethics,” multi-directional partiality, and a both/and attitude toward a disorder-specific vs. non-disorder-specific therapy approach. SAD is understood from the viewpoint of social systems theory, especially in adaptation to a socio-psycho-biological explanatory model of social anxiety. In a prospective multicenter, assessor-blind pilot RCT, we included 38 clients with SAD : 18 patients participated in the ISFT, and 20 patients in Cognitive Behavioral Therapy. Within-group, simple-effect intention-to-treat analyses showed significant reduction in social anxiety, while intention-to-treat mixed-design ANOVA demonstrated the advantage of ISFT. Per-protocol analyses supported these results. The remission rate based on blind diagnosticians’ ratings was good to satisfactory ; this has yet to be verified in a subsequent confirmatory RCT. The article will present the ISFT rationale and manual, including a special focus on multi-person settings, and the central findings from our pilot RCT. (shrink)

In the mid fourth century b.c. some Roman gentes drew on a Pythagorean tradition. In this tradition, Numa's role of Pythagoras’ disciple connected Rome with Greek elites and culture. The Marcii, between 304 and 300 b.c., used Numa's figure, recently reshaped by the Aemilii and the Pinarii for their propaganda, to promote the need for a plebeian pontificate. After the approval of the Ogulnium plebiscite, the needs for this kind of propaganda fell away. When Marcius Censorinus became censor, Numa's pontificate (...) was no longer relevant for promoting the gens. For this reason, the Marcii used another genealogy for similar propagandistic effect: the figure of Marsyas, a symbol of plebeian ideals. (shrink)

Responsible family ownership is a combination of the family’s commitment to the family-firm’s stakeholders in the long term and the explicit behaviour of the family members associated with the firm. However, families are not individuals but rather a system of relationships among family members. In such a context, misunderstandings in communication, anachronistic mentalities and different value systems can block the intergenerational transmission of RFO. Consequently, the responsibility of the family towards the FF’s stakeholders may (...) be damaged and the firm’s socially responsible behaviour hindered. This paper aims to identify how RFO is transferred across generations and to ascertain the role that family social capital plays in preserving the transmission of RFO from generation to generation. Our research is based on three in-depth case studies of Mexican family-owned small- and medium-sized enterprises. First, the paper identifies and contrasts a set of FSC-specific factors and problems which play a relevant role in the transmission of RFO while recognizing the influence of the mutually reinforcing dynamics of FSC dimensions. Secondly, the family’s honourableness :751–767, 2013) is identified as a key driver for sustaining the transmission of RFO. Finally, the paper identifies RFO institutionalization required to face the intrinsic problems of transmitting RFO in growing families. (shrink)

In a time when conservatives believe that the traditional family is under increasing fire, some think an appeal to Darwinian science may be the answer. I argue that these conservatives are wrong to maintain that Darwinian theory can serve as the intellectual foundation for the traditional conception of the family. Contra Larry Arnhart and James Q. Wilson, a Darwinian philosophy of nature simply lacks the stability the traditional family requires; it cannot support the traditional conception of human (...) nature and the normativity it was thought to contain. If conservatives are to maintain these traditional ideas, the theoretical foundation must lie elsewhere. (shrink)

Essays cover U.S. farm policy, the current plight of the small farmer, the history of the family farm, and the ethical, and financial issues.

This review critically examines the current state of the science on the concept of family caregiver–care receiver mutuality, summarizes accomplishments and gaps and identifies directions for future theory development and research. Mutuality between family caregivers and care receivers is of increasing interest to researchers. However, no analysis of the current state of the science of this important concept has been published. Our literature search revealed 34 research articles that met inclusion criteria. The studies were assessed in terms of (...) conceptualization of mutuality, instrument development, populations studied, research designs and methods and findings. Significant scientific progress during the past 30 years includes the development of clear definitions and new instruments, expansion of research beyond the clinical populations in which mutuality was first studied, the use of a variety of research designs, and increasingly sophisticated methods of data analysis. Growing evidence suggests that mutuality is associated with caregiver emotional health outcomes and may decrease over time in the context of chronic illness. Directions for future research include development of new theoretical frameworks grounded in relational theory, development of theory on the dynamics of mutuality over time, exploration of mutuality in diverse cultures and populations, and intervention studies aimed at enhancing mutuality. (shrink)