This article explores how US legal expansions narrow justice possibilities. Drawing from Joan Scott's work on experience, echo and reverberation, the article puts forth a method for reading the convergence of historical absences within legal subjectivity. In particular, it traces the denial of one Nigerian woman's US political asylum claim within the context of US handlings of Nigerian human rights cases focused on petroleum violence alongside the expansion of political asylum to include gender and sexual violence. The article (...) accounts for the production of gender within a larger context of colonial state violence and questions how gender becomes a viable legal category through a variety of violent histories that implicate the US. By reframing questions of feminist justice within the site of law, the article argues for a deeper engagement with discontinuous narratives, which read against our common sense understandings, as a first step in divesting in US legal privilege. (shrink)

After the establishment of the independent Slovak Republic, legal and institutional ground rules were set for providing asylum to foreigners present on the territory of the Slovak Republic. The national legislation of the last twenty years was adopted in compliance with international treaties and the European Union instruments covering asylum matters. In the field of asylum policy, the Slovak Republic complies with its traditional pillars and supports new forms of protection following the new challenges faced by the (...) international community. The currently valid Asylum Act regulates the international protection of aliens in the Slovak Republic, by defining the conditions and procedures related to granting asylum and provision of subsidiary protection and temporary shelter. The Asylum Act also covers the rights and obligations of different categories of persons, stay in asylum facilities and, partially, the integration of persons that are granted asylum. This article describes and analyses the development of the Slovak asylum legal framework and the concept of asylum policy. Furthermore, it looks at different protection statuses granted to foreigners and finally deals with the refugee migration trends in the Slovak Republic. (shrink)

Asylum legal aid lawyers are under continuous public scrutiny. On the one hand, these lawyers are portrayed as being solely motivated by profit. On the other hand, they are depicted as leftist activists frustrating the legal system. When assisting their asylum seeking clients under the state's legal aid scheme, lawyers need to balance the client's interest, the public interest in the administration of justice and their own interest in profit or survival. The current book examines this balancing act (...) and explores the role of the institutional context. It does so by studying the decision making of asylum legal aid lawyers in the Netherlands and England in respect of two ethical issues: 'time vs. money' and 'hopeless cases'. This empirical research into lawyers' professional ethics in practice will appeal to scholars engaged in lawyers' ethics, policy makers and those involved in the regulation of the legal profession. Dissertation. [Subject: Politics, Human Rights Law, International Law]. (shrink)

Although the Refugee Convention 1951 generally provided that contracting states should recognise those who came within its definition as refugees, it did not prescribe how contracting states should determine this in order to enable them to balance this obligation with their national interests. However, evidence from the background and drafting of the Refugee Convention 1951 suggests that the provisions that a contracting states would implement in order to protect its interests would be commensurate with the human rights spirit of the (...) treaty. This implied that contracting states would act fairly in balancing the competing interests in devising status determination policies and would take into account decent considerations. But, from a theoretical viewpoint, it is arguable that some recent asylum determination policies have been based on the threats posed by asylum seekers. Asylum seekers have come to be blamed for contributing to the national issues that some contracting states face and as such, some contracting states have adopted draconian measures as a result. (shrink)

One of the distinguishing characteristics of Byzantium, it is well known, in contrast to the medieval West, is the continuous tradition of Roman law and secular courts which the Eastern Empire possessed throughout its existence, as well as a central authority in a position to put these tools into effect. Thus the question of the nature of law and order in Byzantium would seem to be straightforward; whoever wishes to learn how the crime of killing was handled can consult the (...) tenth-century corpus of Roman law, the Basilika, where one finds that the criterion which the law applies is intention to kill, measured by the object or weapon used, and that capital punishment is inflicted even if the act of violence does not result in a death. Those who cause death by accident or through negligence receive a much reduced punishment or none at all. These regulations survive in compilations of Byzantine law until the fall of the empire. (shrink)

In 2012 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i. e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia and Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification and procedural problems in LGBT cases. (...) Criminalisation, state protection against non-state persecution, concealment of sexual or gender identity, internal protection were discussed in the previous article ‘The Refugee Qualification Problems in LGBT Asylum Cases’ by Laurynas Biekša2. In this article the authors aim to describe the main procedural problems in LGBT asylum cases (i. e., credibility assessment, late disclosure, country of origin information and reception) and propose their solutions. Guiding European and international standards are laid down in the Reception Directive3, Qualification Directive4, Procedures Directive5 and UNHCR Guidance Note6. Today these standards should serve as a starting point for identifying the problems LGBT asylum seekers may have during their asylum procedures and for finding possible solutions. (shrink)

In February 2016 a twelve-month-old asylum seeker, who came to be know as Baby Asha, was transferred from Nauru and hospitalized in Brisbane. This case came to public attention after Doctors refused to discharge Asha as she would have been returned to detention on Nauru. What in other circumstances would have been considered routine clinical care, quickly turned into an act of civil disobedience. This paper will discuss the ethical aspects of this case, along with its implications for clinicians (...) and the broader healthcare community. (shrink)

Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reasons that (...) are not, at least at first glance, clearly political. Additionally, the reasons why gangs target particular individuals often do not obviously fit into one of the traditional protected grounds. If applicants fleeing gang activity are to successfully apply for asylum they will have to overcome these apparent difficulties. In this paper, a contribution to the University of Memphis Law Review Spring Symposium on immigration reform, I break down gang-related asylum claims into three main categories and show how at least some cases in each category fit within the area set out for protection by asylum and refugee law. I briefly discuss a conceptual framework which explains how some gang-related cases should be seen as falling in the area that asylum law seeks to protect (thereby providing a concrete example of the sort of protection that I claim in my dissertation refugee law is meant to provide) and give advice to practitioners about how to formulate meritorious claims. (shrink)

ABSTRACTOn 4 September 2015 asylum seekers who got stranded in Budapest’s Keleti train station began a march to cross the Austrian border. Their aim was to reach Germany and Sweden where they believed their asylum claims would be better received. In this article, I argue that the march should be characterized as an act of civil disobedience. This claim may seem to contradict common convictions regarding acts of civil disobedience as well as asylum seekers. The most common (...) justifications are given with reference to moral rights of citizens and concerns for enhancing justice or democracy within states. Asylum seekers are not members of the European public. How can they be entitled to break the law? I first show that the march displays features of a paradigm case of civil disobedience. Then, I identify moral reasons for asylum seekers to carry out the march acceptable from both strong and weak cosmopolitan perspectives. After that, I point out its corrective, stabilizing and democracy-enhancing roles in the European political landscape. I conclude by emphasizing that conceptualizing the march as an act of civil disobedience is significant in recognizing asylum seekers as political agents making claims within an evolving framework of refugee protection. (shrink)

In the face of forced migrants’ urgent needs and ongoing human rights violations endured within and across borders, scholars note the ‘dual imperative’ (Jacobsen and Landau 2003) of documenting these realities while also responding through humanitarian advocacy and/or political activism. This article documents one such experience, that is, an action research process that began with the first author’s accompaniment of Central American asylum-seeking mothers and children in Boston and included witnessing to and documenting these mothers’ narratives in a context (...) of systemic injustice, while contributing to the creation of a humanitarian grassroots network. The latter supported migrants’ needs while advocating for their right to asylum. Reflecting on these experiences, we explore how research that creates knowledge while acting in the world, demands what we herein describe as feminist activist scholarship grounded in dialogic relationality and compassionate care. The latter moves beyond empathetically feeling for or documenting the suffering of others, towards mutual accompaniment to engage in concrete actions to alleviate that suffering. The dialogic relationships of care in which scholars accompany and act with those at the margins have the potential to transform conventional, post-positivist knowledge production strategies from distancing or objectifying processes towards mutual accompaniment and activist scholarship. (shrink)

Nineteenth-century psychiatrists ascribed to a model of health that was predicated on the existence of objective and strictly defined laws of nature. The allegedly “natural” rules governing the production of consumption of food, however, were structured by a set of distinctively bourgeois moral values that demonized over-indulgence and intemperance, encouraged self-discipline and productivity, and treated gentility as an index of social worth. Accordingly, the asylum acted not only as a therapeutic instrument but also as a moral machine that was (...) designed to remake lazy, indolent transgressors into useful, “decorous” citizens. Because the theory and mechanics underlying this machine seemed straightforward and self-evident to psychiatrists, they were confounded when the asylum failed to translate its ideals into reality. While psychiatrists tended to blame this failure on the intractable immorality and weakness of individual patients, particularly paupers and immigrants, a review of the various meanings and uses of food in the hospital reveals the fault lines that ran through the asylum’s ideological structure. (shrink)

In 2011 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i.e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia, Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification problems in LGBT cases. Therefore, in this article (...) the author aims to describe the main refugee qualification problems in LGBT asylum cases (i.e., criminalisation; state protection against non-state persecution; concealment of sexual or gender identity; internal protection) and propose their solutions. Council Directive 2004/83/EC of 29 April 2004 has several important provisions including LGBT asylum seekers into otherwise gender-neutral refugee definition. Today these provisions need to be correctly interpreted and transposed into practice of the Member States. (shrink)

In dialogue with the political philosophy of Hannah Arendt and Seyla Benhabib the author draws on the idea of a right to have rights and raises the question under which political conditions asylum can be a subjective right for political refugees. He argues that mere spontaneous acts of humanitarianism will not suffice to define the institutional commitments of liberal democracies in refugee policy. At the same time, no duty for any particular state to take up refugees can be derived (...) from a right to have rights. The quest for institutional solutions for a timely migration and asylum policy will rather enhance the discourses on the self-understanding of liberal democracies. With a critical eye on German asylum legislation and legal practice, the author contends that it will be a task of any co-ordinated European right of asylum to define political persecution in relation to the first dimension of human rights in order to differentiate the right of asylum from immigration legislation. (shrink)

One of the measures taken by states to relieve the burden of providing for asylum seekers and refugees is privatization and delegation of asylum regimes. I analyze the privatization and delegation of authority that is taking place within asylum systems and describe three tiers of privatization/delegation: 1. admission at points of entry or criminalization of undocumented entry, 2. status determination, 3. social integration and provision of social and economic rights and benefits. I then ask why states are (...) privatizing and delegating authority within the context of asylum systems and argue that privatization and delegation of authority are intended to be used to maintain control and reduce immigration and integration of asylum seekers. Governments are often helpless in their attempts to manage refugee migration and need to recruit other sectors to assist them in regaining control over immigration. This “tool” is particularly instrumental as it allows governments to maintain—to a large extent—control of immigrations and at the same time distance themselves from their responsibilities, from human rights violations, etc. Governments attempt to have private or other actors carry out acts that they cannot—whether because of practical reasoning or due to legal constraints. Finally, I argue that asylums systems are a special locus; thus, special care, great caution, much regulation, or complete refrain from privatizing at all, is paramount since privatization of asylums systems carries unique and severe consequences. (shrink)

ABSTRACT For several generations before the First World War, the idea that the British constitution contained a ‘right of asylum' for foreign nationals was commonplace. Though this belief had profound consequences for Britain's treatment of political and religious exiles, its relations with foreign states, and the drafting of its extradition and immigration laws, there has been little enquiry into its origins. This article delineates the emergence of the idea of a constitutional ‘right of asylum', locating it in a (...) series of political clashes over the ‘Alien Act' that took place during the decade after the Napoleonic Wars. This legislation, which established controls over foreigners during the French Revolution and the quarter-century of war that followed, was increasingly challenged by the Whig and radical oppositions after Waterloo, both for its specific arbitrary provisions and as a more fundamental violation of the rights of aliens guaranteed by key constitutional documents like Magna Carta and the Habeas Corpus Act. By the mid-1820s these objections cohered into a conviction that asylum itself could be claimed as a right. This conviction and the arguments that spawned it were repeated for many subsequent decades, forming the basis of the widespread Victorian belief in the ‘right of asylum’. (shrink)

The US 1992 Torture Victims Protection Act (TVPA) strengthens the reach of the 1789 Alien Tort Claims Act (ATCA) to US citizens alleging claims of torture and/or extrajudicial killings that occur abroad, but only if the plaintiffs were US citizens at the time of the criminal acts. Should the later-in-time statute, which gives effect to the United Nations Convention against Torture and extends remedies under the ATCA, be amended to apply to those given political asylum in this country from (...) the moment of their entry? Is not the limbo status of victims given haven in the USA but not automatic citizenship, victims who rightly need resolution of brutal facts which occasioned rupture with their country of origin, a situation that cries for more precise remedy? This note explores this issue as raised by the case of Myroslava Gongadze, the widow of slain political journalist Georghy Gongadze in the Ukraine in September 2000. Only three of the perpetrators, policemen who say they followed orders, were put on trial in 2007–2008. Those who allegedly gave the orders for the killing continue to evade justice. (shrink)

ABSTRACTRecent years have seen an increase in the influx of asylum-seekers in Scandinavia, and in Denmark this has led to ever-tighter immigration control. This article discusses emerging practices of refugee solidarity and resistance to migration policy in Danish civil society in the wake of what has been referred to as the European refugee crisis. To accomplish this purpose, I analyse how participants in Facebook discussions construe topoi and attitudes when facing the ethical dilemma of respecting the law versus showing (...) concern for humans in need, in line with what Foucault, Michel Foucault: Beyond Structuralism and Hermeneutics. Chicago: The University of Chicago Press) has referred to as ‘ethical self-formation’. This is illustrated through a case study of an incident from September 2015, when a member of a Danish City Council offered private shelter to immigrants on their way to Norway. The incident led to legal proceedings in August 2016 for what the defendant referred to as ‘the offense of helping fellow human beings in need’. The study is informed by Critical Discourse Analysis. Analysing Discourse. Textual analysis for social research. London and New York: Routledge; Wodak, R.. The politics of fear. London and New York: Sage) and governmentality theory. The subject and Power. In H. Dreyfus & P. Rabinow, Michel Foucault: Beyond Structuralism and Hermeneutics. Chicago: The University of Chicago Press; Foucault, M.. Security, Territory, Population: Lectures at the Collège de France 1977–78.. New York: Palgrave Macmillan; McIlvenny, P., Klausen, J. Z., & Lindegaard, L. B.. Studies of Discourse and Governmentality. Amsterdam and Philadelphia: Benjamins). Data include media representations and facebook comments published during 2016. The analytical approach combines topos analysis.. Methods of Critical Discourse Analysis. London: Sage; Wodak, R.. The politics of fear. London and New York: Sage) and appraisal analysis to tease out evaluative meaning. (shrink)

While many political theorists have focused on the question of whether states have a duty to grant citizenship to noncitizens, this article examines the issues associated with the state’s withdrawal of citizenship. Denationalization powers have recently emerged as a controversial political issue in a number of liberal states, making their ethical scrutiny important. I begin by considering the historical practice of banishment and how denationalization power emerged and became consolidated in the United Kingdom and the United States in the first (...) half of the twentieth century. I then discuss the nature of liberal objections to the power. My focus next shifts to the United Kingdom’s Nationality, Immigration and Asylum Act of 2002, which attempted to create a “liberal” denationalization power. In the final section of the article, I discuss whether the Act successfully addresses liberal concerns and in so doing shed light on the possibility of reconciling liberal principles with conditional citizenship. (shrink)

In this article the authors discuss the decision of the House of Lords in Adam, Limbuela and Tesema, where the judges gave detailed scrutiny to the support duty s.55 of the Nationality, Immigration and Asylum Act 2002 towards those who are seeking asylum and considered the approach to be adopted in determining whether there was an incompatibility with Art.3 of the European Convention on Human Rights if support was denied.

The ‘reinvention’ of nationhood in theory and the reform of British naturalization rules in praxis have been unable to address satisfactorily the issue of unjust exclusion and to make naturalization law and citizenship more compatible with democratic ideals. This has much to do with the fact that the discourse of new patriotism and the reconfiguration of national citizenship have inbuilt limits. In examining the ‘new’ discourse of patriotism in its various shades, I argue that it is inconsistent and unpersuasive. Neither (...) the rehabilitation of civic nationalism under ‘republican patriotism’, nor ‘constitutional patriotism’, nor ‘rooted patriotism’ succeed in transforming the nationality model of citizenship in order to render it more compatible with contemporary developments and with cultural pluralism. Similarly, the three models of citizenship developed by the literature, namely, postnational, transnational and multicultural citizenship remain rooted within the civic nationalist trajectory. Instead of arguing for the liberalization of naturalization requirements and the ensuing pluralization of citizenship, I put forward an argument as to how the nationality model of citizenship might be transcended by developing a model of civic registration. By contrasting this model with the Labour Government’s reforms in the fields of naturalization and citizenship, I argue that the Nationality, Immigration and Asylum Act 2002 places too much emphasis on social cohesion, thereby overlooking that a sense of belonging to community develops with inclusion in society and politics rather than as a result of citizenship ceremonies and language proficiency tests. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

Torture used to be incompatible with American values. Our Bill of Rights forbids cruel and unusual punishment, and that has come to include all forms of corporal punishment except prison and death by methods purported to be painless. Americans and our government have historically condemned states that torture; we have granted asylum or refuge to those who fear it. The Senate ratified the Convention Against Torture, Congress enacted antitorture legislation, and judicial opinions spoke of "the dastardly and totally inhuman (...) act of torture.” Then came September 11. (shrink)

Recent years have generated an unprecedented popular decision about US racial identity. Before this, popular sentiment and legal policy clearly and congruently promoted immigration of white noncitizens, while severely restricting others. Until the Immigration and Nationality Act Amendments of 1965, the US law reflected Justice Grier's statement in Smith v. Turner, 48 U.S. 283, 461 (1849): “It is the cherished policy of the general government to encourage and invite Christian foreigners of our own race to seek an asylum within (...) our borders, and to... add to the wealth, population, and power of the nation.” However, the 1965 reform and its successors diversified the immigrant stream and the nation, and current polls indicate that the majority of the US population now supports a generous and non-discriminatory immigration policy. (shrink)

One of the major problems for Critical Discourse Analysts is how to move on from their insightful critical analyses to successfully ‘acting on the world in order to transform it’. This paper discusses, with detailed exemplification, some of the areas where linguists have moved beyond description to acting on and changing the world. Examples from three murder trials show how essential it is, in order to protect the rights of witnesses and defendants, to have audio records of significant interviews with (...) police officers. The article moves on to discuss the potentially serious consequences of the many communicative problems inherent in legal/lay interaction and illustrates a few of the linguist-led improvements to important texts. Finally, the article turns to the problems of using linguistic data to try to determine the geographical origin of asylum seekers. The intention of the article is to act as a call to arms to linguists; it concludes with the observation that ‘innumerable mountains remain for those with a critical linguistic perspective who would like to try to move one’. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Contingent Object of PsychiatryDavid McCallum (bio)Keywordsmental illness, dangerousness, law, genealogyWilson and Adhead’s plea that the British Government’s proposed new mental health legislation might entail a misappropriation of psychiatry’s true mission will strike a chord in numerous jurisdictions. Many European countries during the last northern summer will adopt mental health legislation that moves in the opposite direction to the United Nations Convention on Human Rights for persons with disabilities, (...) and will allow for compulsory mental health treatment. In this author’s home state of Victoria, Australia, the Mental Health Act has five criteria that must be met for someone to be made an involuntary patient in an institution or hospital, in the community, or in one’s own home (Victoria 2003, s.6). One of the criteria is that the person is judged to be at risk of danger to themselves or others. Once made an involuntary patient, one looses the right to refuse medical treatment. At present, in various parts of the world, medical practitioners are being required to assess a person’s level of dangerousness with immediate consequences for that person’s liberty.From the point of view of a historian of the human sciences, these events propel psychiatry into a dialogue with its recent past. The project of Western psychiatry is usually characterized as a breaking down of the walls of the old asylum that contained the lunatic in its dark recesses, and the subsequent unveiling of the mental patient thanks to the rational, liberatory practices of medicine. But modern psychiatry has also been shaped by the coming into being of particular conceptions of mental illness that are not all its own making. This entailed the removal over time of the mental defective and the mental deficient, the moral imbecile, the epileptic, the alcoholic, the chronically insane, and so on, from spaces in which psychiatry would seek to define it object—populations that psychiatry would determine to be “not amenable to treatment.” If we were to see this shaping in a Foucauldian sense, we would also want to include earlier eighteenth- and nineteenth-century separations of the lunatic and the criminal (Foucault 1965, 1979). Moreover, we might want to insist that the marking out of the modern mental health patient is first and foremost an administrative act—an act of separation and management within a bounded population—which then serves as a condition of possibility for the emergence of knowledges in psychiatric medicine, with the latter following rather than preceding the arrangement of bodies in the asylum/hospital.The psychiatrist in public medicine may well be encouraged to shape a new mission according to the requirements of an administration concerned with managing dangerousness. A shift in the social vocation of the psychiatric expert has been observed over several decades, and may represent a profound departure from the traditions [End Page 69] of mental medicine (Castel 1991). Those “dirty words”—risk assessment—involve new strategies where face-to-face relations between carer and cared are displaced by an activity of calculating abstract factors deemed liable to produce risk—“a transition from the clinic of the subject to an ‘epidemiological’ clinic” (Castel 1991, 282). The broad contours of this shift sees the specialist medical carer take a back seat while the manager/ administrator assumes a more autonomous role of allocating individuals into various categories of risk. It is in this sense that the psychiatrist does not make a diagnosis as such, but rather contributes to a list of factors compiled to measure a level of riskiness. Risk assessment forms part of social surveillance that dispenses with the actual presence of the carer and the cared, and provides for a form of systematic predetection rather than treatment. As Castel (1991, 288) presents it,(t)here is, in fact, no longer a relation of immediacy with a subject because there is no longer a subject. What the new preventative policies primarily address is no longer individuals but factors, statistical correlations of heterogeneous elements. They deconstruct the concrete subject of intervention, and reconstruct a combination of factors liable to produce risk. Their primary aim is not to confront a concrete dangerous situation, but to anticipate... (shrink)

At the heart of the current debate about immigration we find a conflict of convictions. Many people seem to believe that a country has a right to decide who to let in and who to keep out, but quite often they appear equally committed to the view that it is morally wrong to expel someone from within the borders of their country if that would seriously jeopardise the person in question. While the first conviction leads to stricter border controls in (...) an attempt to prevent would‐be immigrants from entering the country illegally, the latter conviction ensures that aliens with a legitimate claim on protection will not be removed forcibly. It is not strange, therefore, that the task of pinning down a morally sound immigration policy is such an elusive enterprise.In this paper I take it for granted that no electorate would be prepared to accept the kind of policy they ought to, and that we in consequence will continue to let in as few immigrants as is currently the case. Given this constraint I argue against two common assumptions concerning a viable immigration policy. First, granted that certain conditions are satisfied, professional smugglers should not face legal sanctions for bringing asylum seekers to a potential host country. Second, countries that limit immigration should not treat people seeking family reunion preferentially or on a par with other immigrants, but rather act so as to maximise the number of refugees allowed to enter. (shrink)

At the heart of the current debate about immigration we find a conflict of convictions. Many people seem to believe that a country has a right to decide who to let in and who to keep out, but quite often they appear equally committed to the view that it is morally wrong to expel someone from within the borders of their country if that would seriously jeopardise the person in question. While the first conviction leads to stricter border controls in (...) an attempt to prevent would‐be immigrants from entering the country illegally, the latter conviction ensures that aliens with a legitimate claim on protection will not be removed forcibly. It is not strange, therefore, that the task of pinning down a morally sound immigration policy is such an elusive enterprise.In this paper I take it for granted that no electorate would be prepared to accept the kind of policy they ought to, and that we in consequence will continue to let in as few immigrants as is currently the case. Given this constraint I argue against two common assumptions concerning a viable immigration policy. First, granted that certain conditions are satisfied, professional smugglers should not face legal sanctions for bringing asylum seekers to a potential host country. Second, countries that limit immigration should not treat people seeking family reunion preferentially or on a par with other immigrants, but rather act so as to maximise the number of refugees allowed to enter. (shrink)

This paper examines the madness of Gerard de Nerval, the nineteenth-century French writer. It looks at his account of mental disturbance, how he responded to the psychiatric profession and how he reacted to being diagnosed as insane. It considers his autobiographical novella of madness, Aurelia, which he began at the suggestion of his alienist, Dr Emile Blanche, and while he was still an asylum inmate. Nerval's story raises important questions about the nature of madness. Is it, as he contended, (...) a mystical experience revealing truths about spiritual worlds inaccessible to the ‘sane’? Does psychiatry fail to understand it and inappropriately reduce it to the categories of scientific reason? Or are such notions of the spiritual value of madness guilty of the charge that they romanticise insanity? Do they make extravagant claims for an experience that is often disturbing and debilitating? What is the relationship between madness and recovery? Should an individual try to forget their experience of mental disturbance once they recover, or should they examine what the event reveals about themselves? Can the language of madness be decoded to unveil profound truths as Carl Jung and R.D. Laing have suggested, or is it, as the psychiatrist German Berrios maintains, merely a series of ‘empty speech acts’, signifying nothing? And finally, how does one avoid writing about madness, and instead write madness? (shrink)

Does the regulation of migration constitute a blatant case of arbitrary law-making? What is arbitrary law-making? And how does it manifest itself in contemporary migration policy? These are pressing issues that the scholars who come together in this special issue seek to engage with, by exploring international migration from the point of view of arbitrary power. When does legitimate state discretion slide into an exercise of arbitrary power? Since we cannot address what we do not understand, the urgency of the (...) matter addressed in this special issue speaks for itself. Deciding who may enjoy the right of abode, the right to remain, the right to asylum and to citizenship is a key power of the state: it is a regal prerogative, an act of sovereignty, limited only by deliberately accepted commitments, such as the respect for human rights. This makes migration policy an exceptionally interesting ground to test the limits of discretion and the forms of arbitrariness. Power can be understood to be of a discretional nature if it acts freely within the boundaries defined by law, whereas arbitrariness qualifies discretional power exceeding the limits of law. (shrink)