Results for 'Immigration offences'

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  1.  67
    The Wrongs of Unlawful Immigration.Ana Aliverti - 2017 - Criminal Law and Philosophy 11 (2):375-391.
    For too long, criminal law scholars overlooked immigration-based offences. Claims that these offences are not ‘true crimes’ or are a ‘mere camouflage’ to pursue non-criminal law aims deflect attention from questions concerning the limits of criminalization and leave unchallenged contradictions at the heart of criminal law theory. My purpose in this paper is to examine these offences through some of the basic tenets of criminal law. I argue that the predominant forms of liability for the most (...)
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  2. " Birth rise in asia slows aid plan.Immigration Bill - 1963 - The Eugenics Review 54:51.
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  3.  32
    From Stance to Style.Immigrant Youth Slang - forthcoming - Stance: Sociolinguistic Perspectives.
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  4. GRESHS, ENS Libreville.Quelle Politique de Lutte Contre & En Afrique Au L'immigration Clandestine - 2002 - Humanitas 1:129.
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  5.  6
    Territorial Presence As A Ground For Claims: Some Reflections.Linda Bosniak - 2020 - Etikk I Praksis - Nordic Journal of Applied Ethics 2:53-70.
    "Territorial Presence As A Ground For Claims: Some Reflections" returns to political theory to assess the moral and legal position of those individuals who are inside the territory of liberal democratic states, but whose very presence has been unauthorised by the state. The author asks the question as to what their bodily presence means and does from a political perspective. The paper is part of a broader political phenomenology of territoriality in liberal national thought and puts emphasis on the idea (...)
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  6.  19
    Friedrich II. von Preußen und die Schwenckfelder in Schlesien.Horst Weigelt - 1970 - Zeitschrift für Religions- Und Geistesgeschichte 22 (3):230-242.
    Frederick II neither tolerated the Schwenckfeldians in Silesia as an independent denomination nor recognized them, but, rather from a legal basis demanded that they be incorporated into the Lutheran Church. With the acknowledgement of the Schwenckfeldian movement as an independant denomination, he would have gone beyond article VII of the Instrumenta Pacis Osnabrigense, jeopardizing future peace negotiations with the House of Habsburg. However, he did promise the Schwenckfeldians that the government would respect their personal faith and conscience and would be (...)
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  7.  42
    Female genital mutilation: the ethical impact of the new Italian law.E. Turillazzi & V. Fineschi - 2007 - Journal of Medical Ethics 33 (2):98-101.
    Despite global and local attempts to end female genital mutilation , the practice persists in some parts of the world and has spread to non-traditional countries through immigration. FGM is of varying degrees of invasiveness, but all forms raise health-related concerns that can be of considerable physical or psychological severity. FGM is becoming increasingly prohibited by law, both in countries where it is traditionally practised and in countries of immigration. Medical practice prohibits FGM. The Italian parliament passed a (...)
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  8. Offences and defences: selected essays in the philosophy of criminal law.John Gardner - 2007 - New York: Oxford University Press.
    The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.
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  9. Illiberal Immigrants and Liberalism's Commitment to its Own Demise.Daniel Weltman - 2020 - Public Affairs Quarterly 34 (3):271-297.
    Can a liberal state exclude illiberal immigrants in order to preserve its liberal status? Hrishikesh Joshi has argued that liberalism cannot require a commitment to open borders because this would entail that liberalism is committed to its own demise in circumstances in which many illiberal immigrants aim to immigrate into a liberal society. I argue that liberalism is committed to its own demise in certain circumstances, but that this is not as bad as it may appear. Liberalism’s commitment to its (...)
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  10.  29
    Immigration: Some Arguments for Limits.Hrishikesh Joshi - manuscript
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  11. Immigration: The Case for Limits.David Miller - 2005 - In Andrew I. Cohen & Christopher Heath Wellman (eds.), Contemporary Debates in Applied Ethics. Wiley-Blackwell. pp. 193-206.
    This article by David Miller is widely considered a standard defense of the (once) conventional view on immigration restrictionism, namely that (liberal) states generally have free authority to restrict immigration, save for a few exceptions.
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  12.  90
    Immigrants and the Right to Stay.Joseph H. Carens - 2010 - MIT Press.
    Suggests that illegal immigrants should be offered a path to citizenship.
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  13. Immigration as a human right.Kieran Oberman - 2016 - In Sarah Fine & Lea Ypi (eds.), Migration in Political Theory: The Ethics of Movement and Membership. Oxford: Oxford University Press. pp. 32-56.
    This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be restricted in certain (...)
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  14. Immigration and self-determination.Bas van der Vossen - 2015 - Politics, Philosophy and Economics 14 (3):270-290.
    This article asks whether states have a right to close their borders because of their right to self-determination, as proposed recently by Christopher Wellman, Michael Walzer, and others. It asks the fundamental question whether self-determination can, in even its most unrestricted form, support the exclusion of immigrants. I argue that the answer is no. To show this, I construct three different ways in which one might use the idea of self-determination to justify immigration restrictions and show that each of (...)
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  15. Rank Offence: The Ecological Theory of Resentment.Samuel Reis-Dennis - 2021 - Mind 130 (520):1233-1251.
    I argue that fitting resentment tracks unacceptable ‘ecological’ imbalances in relative social strength between victims and perpetrators that arise from violations of legitimate moral expectations. It does not respond purely, or even primarily, to offenders’ attitudes, and its proper targets need not be fully developed moral agents. It characteristically involves a wish for the restoration of social equilibrium rather than a demand for moral recognition or good will. To illuminate these contentions, I focus on cases that I believe demonstrate a (...)
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  16.  17
    Immigration Enforcement and Fairness to Would-Be Immigrants.Hrishikesh Joshi - 2018 - In David Boonin, Katrina L. Sifferd, Tyler K. Fagan, Valerie Gray Hardcastle, Michael Huemer, Daniel Wodak, Derk Pereboom, Stephen J. Morse, Sarah Tyson, Mark Zelcer, Garrett VanPelt, Devin Casey, Philip E. Devine, David K. Chan, Maarten Boudry, Christopher Freiman, Hrishikesh Joshi, Shelley Wilcox, Jason Brennan, Eric Wiland, Ryan Muldoon, Mark Alfano, Philip Robichaud, Kevin Timpe, David Livingstone Smith, Francis J. Beckwith, Dan Hooley, Russell Blackford, John Corvino, Corey McCall, Dan Demetriou, Ajume Wingo, Michael Shermer, Ole Martin Moen, Aksel Braanen Sterri, Teresa Blankmeyer Burke, Jeppe von Platz, John Thrasher, Mary Hawkesworth, William MacAskill, Daniel Halliday, Janine O’Flynn, Yoaav Isaacs, Jason Iuliano, Claire Pickard, Arvin M. Gouw, Tina Rulli, Justin Caouette, Allen Habib, Brian D. Earp, Andrew Vierra, Subrena E. Smith, Danielle M. Wenner, Lisa Diependaele, Sigrid Sterckx, G. Owen Schaefer, Markus K. Labude, Harisan Unais Nasir, Udo Schuklenk, Benjamin Zolf & Woolwine (eds.), The Palgrave Handbook of Philosophy and Public Policy. Springer Verlag. pp. 173-184.
    This chapter argues that governments have a duty to take reasonably effective and humane steps to minimize the occurrence of unauthorized migration and stay. While the effects of unauthorized migration on a country’s citizens and institutions have been vigorously debated, the literature has largely ignored duties of fairness to would-be immigrants. It is argued here that failing to take reasonable steps to prevent unauthorized migration and stay is deeply unfair to would-be immigrants who are not in a position to bypass (...)
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  17. Immigration.Chandran Kukathas - 2003 - In Hugh LaFollette (ed.), The Oxford handbook of practical ethics. New York: Oxford University Press.
     
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  18.  92
    On Immigration and Refugees.Michael Dummett - 2001 - Routledge.
    Michael Dummett, philosopher and social critic, is also one of the sharpest and most prominent commentators and campaigners for the fair treatment of immigrants and refugees in Britain and Europe. This book insightfully draws together his thoughts on this major issue for the first time. Exploring the confused and often highly unjust thinking about immigration, Dummett then carefully questions the principles and justifications governing state policies, pointing out that they often conflict with the rights of refugees as laid down (...)
  19. Immigration.Michael Blake - 2005 - In Christopher Wellman (ed.), The Blackwell Companion to Applied Ethics. Blackwell. pp. 224-237.
     
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  20.  50
    Immigration and the Constraints of Justice: Between Open Borders and Absolute Sovereignty.Ryan Pevnick - 2011 - Cambridge: Cambridge University Press.
    This book explores the constraints which justice imposes on immigration policy. Like liberal nationalists, Ryan Pevnick argues that citizens have special claims to the institutions of their states. However, the source of these special claims is located in the citizenry's ownership of state institutions rather than in a shared national identity. Citizens contribute to the construction and maintenance of institutions, and as a result they have special claims to these institutions and a limited right to exclude outsiders. Pevnick shows (...)
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  21. Supererogation and Offence: A Conceptual Scheme for Ethics.R. M. Chisholm - 1963 - Ratio (Misc.) 5 (1):1.
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  22.  15
    Immigration.Michael Blake - 2005 - In R. G. Frey & Christopher Heath Wellman (eds.), A Companion to Applied Ethics. Oxford, UK: Blackwell. pp. 224–237.
    This chapter contains sections titled: Political Equality and Moral Equality Cosmopolitanism and Open Borders Partiality and Restrictions on Immigration Conclusion.
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  23. Latino Immigration and Social Change in the United States: Toward an Ethical Immigration Policy.Ian Davies - 2009 - Journal of Business Ethics 88 (S2):377 - 391.
    Approximately 47 million Latinos currently live in the United States, and nearly 25 percent of them are undocumented. The USA is a very different country from just a generation ago – culturally, socially, and demographically. Its presumed core values have been transformed largely by the changes wrought by immigration and ethnicity. A multicultural society has, in 2008, elected a multicultural president. This article examines immigration discourse, framed in terms of fear and security, and the evolution of the US (...)
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  24. Unauthorized Immigrants, Reasonable Expectations, and the Right to Regularization.Thomas S. Carnes - 2020 - Social Theory and Practice 46 (4):681-707.
    This article brings an account of reasonable expectations to bear on the question of when unauthorized immigrants have a right to be regularized—that is, to be formally guaranteed freedom from the threat of deportation. Contrary to the current literature, which implicitly relies on a flawed understanding of reasonable expectations, this article argues that only those unauthorized immigrants who have both been tacitly permitted by the state despite lacking formal authorization and have remained long enough to develop deep social roots in (...)
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  25.  9
    Immigration Law, Public Health, and the Future of Public Charge Policymaking.C. Joseph Ross Daval - 2022 - Journal of Law, Medicine and Ethics 50 (2):336-338.
    U.S. immigration law has excluded noncitizens likely to become a “public charge” since 1882. When the Trump administration proposed a new Rule expanding the interpretation of that exclusion in 2018, over 55,000 people wrote public comments. These comments, overwhelmingly opposed to the change, are the subject of Rachel Fabi and Lauren Zahn’s insightful article in this issue of The Journal of Law, Medicine, and Ethics. The themes they identify resonate with the history of the public charge exclusion, which has (...)
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  26. Immigration, Association, and Antidiscrimination.Michael Blake - 2012 - Ethics 122 (4):748-762.
  27. Immigration, Global Poverty and the Right to Stay.Kieran Oberman - 2011 - Political Studies 59 (2):253-268.
    This article questions the use of immigration as a tool to counter global poverty. It argues that poor people have a human right to stay in their home state, which entitles them to receive development assistance without the necessity of migrating abroad. The article thus rejects a popular view in the philosophical literature on immigration which holds that rich states are free to choose between assisting poor people in their home states and admitting them as immigrants when fulfilling (...)
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  28.  59
    Legitimizing Immigration Control: A Discourse-Historical Analysis.Ruth Wodak & Theo van Leeuwen - 1999 - Discourse Studies 1 (1):83-118.
    Austrian immigration authorities frequently reject the family reunion applications of immigrant workers. They justify their decisions not only on legal grounds but also on the basis of their own often prejudiced judgements of the applicants' ability to `integrate' into Austrian society. A discourse-historical method is combined with systemic-functionally oriented methods of text analysis to study the official letters which notify immigrant workers of the rejection of their family reunion applications. The systemic-functionally oriented methods are used in a detailed analysis (...)
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  29.  95
    Discrimination and Immigration.José Jorge Mendoza - 2018 - In Kasper Lippert-Rasmussen (ed.), The Routledge Handbook of the Ethics of Discrimination. Routledge.
    In this chapter, I outline what philosophers working on the ethics of immigration have had to say with regard to invidious discrimination. In doing so, I look at both instances of direct discrimination, by which I mean discrimination that is explicitly stated in official immigration policy, and indirect discrimination, by which I mean cases where the implementation or enforcement of facially “neutral” policies nonetheless generate invidious forms of discrimination. The end goal of this chapter is not necessarily to (...)
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  30.  11
    Offences and Defences Again.Peter Westen - 2008 - Oxford Journal of Legal Studies 28 (3):563-584.
  31.  8
    Reporting Offences and Protection of the Public Interest in Moravian Provincial Law in the 16th Century.Jana Janišová - 2023 - Studies in Logic, Grammar and Rhetoric 68 (1):527-540.
    The legal institute of whistleblowing as a tool for detecting wrong-doing, especially in large corporations, and at the same time as an institute of whistleblower protection is a matter of modern law and its wider use has been registered only in recent decades. However, some aspects of whistleblowing, in particular the protection of the public interest and the possibility for weaker parties to report offences to an official, can already be found in older law in many different countries. Moravian (...)
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  32.  6
    Immigration.Harry van der Linden - 2004 - In Ready Reference: Ethics.
    "Immigration," published in Ethics, Revised Edition, pages 715-17, reprinted by permission of the publisher Salem Press. Copyright, ©, 2004 by Salem Press.
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  33. Immigrant Selection, Health Requirements, and Disability Discrimination.Douglas MacKay - 2018 - Journal of Ethics and Social Philosophy 14 (1).
    Australia, Canada, and New Zealand currently apply health requirements to prospective immigrants, denying residency to those with health conditions that are likely to impose an “excessive demand” on their publicly funded health and social service programs. In this paper, I investigate the charge that such policies are wrongfully discriminatory against persons with disabilities. I first provide a freedom-based account of the wrongness of discrimination according to which discrimination is wrong when and because it involves disadvantaging people in the exercise of (...)
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  34. Immigration, Jurisdiction, and Exclusion.Michael Blake - 2013 - Philosophy and Public Affairs 41 (2):103-130.
  35.  10
    Profound Offence and Cultural Appropriation.James O. Young - 2008 - In Cultural Appropriation and the Arts. Oxford, UK: Blackwell. pp. 129–151.
    This chapter contains section titled: Harm, Offence, and Profound Offence Examples of Offensive Cultural Appropriation The Problem and the Key to its Solution Social Value and Offensive Art Freedom of Expression The Sacred and the Offensive Time and Place Restrictions Toleration of Offensive Art Reasonable and Unreasonable Offence.
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  36. Immigration Enforcement and Domination: An Indirect Argument for Much More Open Borders.Alex Sager - 2016 - Political Research Quarterly 1 (1):1-13.
    Normative reflection on the ethics of migration has tended to remain at the level of abstract principle with limited attention to the practice of immigration administration and enforcement. This paper explores the implications of this practice for an ethics of immigration with particular attention to the problem of bureaucratic domination. I contend that migration administration and enforcement cannot overcome bureaucratic domination because of the inherent vulnerability of migrant populations and the transnational enforcement of border controls by multiple public (...)
     
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  37.  89
    Discretionary Immigration.Michael Blake - 2002 - Philosophical Topics 30 (2):251-273.
  38. Why Immigration Controls Are Not Coercive: A Reply to Arash Abizadeh.David Miller - 2010 - Political Theory 38 (1):111-120.
    Abizadeh has argued that because border controls coerce would-be immigrants and invade their autonomy, they are entitled to participate in the democratic institutions that impose those controls. In reply, the author distinguishes between coercion and prevention, shows that prevention need not undermine autonomy, and concludes that although border controls may restrict freedom, they do not give rise to democratic entitlements.
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  39. Immigration.Hrishikesh Joshi - 2022 - In Matt Zwolinski & Benjamin Ferguson (eds.), The Routledge Companion to Libertarianism. Routledge.
    Within the immigration debate, libertarians have typically come down in favor of open borders by defending two main ideas: i) individuals have a right to free movement; and ii) immigration restrictions are economically inefficient, so that lifting them can make everyone better off. This entry describes the rationale for open borders from a libertarian perspective (in part by analogy to the debate around minimum wage laws). Three main objections within the immigration literature are then discussed: i) the (...)
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  40. Immigration, Association, and the Family.Matthew Lister - 2010 - Law and Philosophy 29 (6):717-745.
    In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have (...)
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  41. Immigration, interpersonal trust and national culture.Lubomira V. Radoilska - 2014 - Critical Review of International Social and Political Philosophy 17 (1):111-128.
    This article offers a critical analysis of David Miller’s proposal that liberal immigration policies should be conceptualized in terms of a quasi-contract between receiving nations and immigrant groups, designed to ensure both that cultural diversity does not undermine trust among citizens and that immigrants are treated fairly. This proposal fails to address sufficiently two related concerns. Firstly, an open-ended, quasi-contractual requirement for cultural integration leaves immigrant groups exposed to arbitrary critique as insufficiently integrated and unworthy of trust as citizens. (...)
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  42. Immigration Policy and Identification Across Borders.Matthew Lindauer - 2017 - Journal of Ethics and Social Philosophy 12 (3):280-303.
    According to the traditional state sovereignty view in the ethics of immigration literature, societies have a great deal of latitude in determining and implementing their immigration policies. This view is typically defended by appealing to the rights of members of societies, for instance to political self-determination. Opponents of the view have often criticized its partiality to members, arguing that nonmembers can also make stringent demands on societies to be admitted and given the same treatment in matters of (...) policy as other nonmembers. In this paper, I take a different approach to responding to the state sovereignty view. I argue that even if we grant the premise that the rights of members generally trump the rights of nonmembers in matters of immigration policy, societies are greatly constrained in setting their immigration policies by considerations of domestic justice. The considerations that I focus on involve relationships between members and nonmembers that hold due to a shared quality or set of qualities on the basis of which members identify with nonmembers. The argument appeals to premises and principles that defenders of the state sovereignty view are committed to but concludes that this view cannot serve as a satisfactory framework for the normative assessment of immigration policies. (shrink)
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  43. Immigrant Admissions and Global Relations of Harm.Shelley Wilcox - 2007 - Journal of Social Philosophy 38 (2):274–291.
    This paper raises two objections to the freedom of movement argument from the perspective of nonideal philosophy: the argument cannot provide a means for establishing admissions priorities when all prospective immigrants cannot be admitted and it ignores alternative grounds for moral claims to admission in the context of histories of injustice. I develop an alternative admissions-guiding principle that assigns strong moral claims to admission to certain prospective immigrants based on a global extension of the no-harm principle. It claims that a (...)
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  44.  35
    Offence and Virtue Ethics.Gregory Mellema - 1991 - Canadian Journal of Philosophy 21 (3):323 - 329.
    In his 1963 essay ‘Supererogation and Offence: A Conceptual Scheme for Ethics,’ Roderick Chisholm describes a category of human acts which he calls ‘offences’:A system of moral concepts which provides a place for what is good but not obligatory, should also provide a place for what is bad but not forbidden. For if there is such a thing as “non-obligatory well-doing” then it is plausible to suppose that there is also such a thing as “permissive ill-doing.” There is no (...)
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  45.  40
    Immigration Ethics and the Context of Justice.Linda Bosniak - 2017 - Ethics and International Affairs 31 (1):93-101.
    By now one might hope that the robust body of theoretical work recently published on immigration ethics would have taken general political philosophy a long way from the prevailing Rawlsian-style insularity premise, according to which society is “a closed system isolated from other societies” into which persons “enter only by birth and exit only by death.” But there are still a great many political theorists whose focus is unreflectively endogenous and who assume away questions of states’ constitutive scope and (...)
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  46. Immigration Justice.Peter W. Higgins - 2013 - Edinburgh University Press.
    By what moral standards must nation-states select immigration policies? A central contention of Immigration Justice is that the justice of an immigration policy can be ascertained only through consideration of the pervasive, systematic, and unjust inequalities engendered by the institutions that constitute our social world. Immigration policies affect people primarily as members of social groups demarcated from each other by members’ gender, race, and class. For this reason, this book argues that states’ selection of immigration (...)
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  47.  25
    Offences Ranked: The Williams Report on Obscenity.Anthony Skillen - 1982 - Philosophy 57 (220):237 - 245.
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  48. Immigration and Global Justice.Christian Barry - 2011 - Global Justice: Theory Practice Rhetoric 4:30-38.
  49. What Immigrants Owe.Adam Lovett & Daniel Sharp - 2021 - Ergo: An Open Access Journal of Philosophy 8.
    Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...)
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  50.  31
    Immigration, Imagined Communities, and Collective Memories of Asian American Experiences: A Content Analysis of Asian American Experiences in Virginia U.S. History Textbooks.Yonghee Suh, Sohyun An & Danielle Forest - 2015 - Journal of Social Studies Research 39 (1):39-51.
    This study explores how Asian American experiences are depicted in four high school U.S. history textbooks and four middle school U.S. history textbooks used in Virginia. The analytic framework was developed from the scholarship of collective memories and histories of immigration in Asian American studies. Content analysis of the textbooks suggests the overall narrative of Asian American history in U.S. history textbooks aligns with the grand narrative of American history, that is, the “story of progress.” This major storyline of (...)
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