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Rights of Noncitizens

Asylum as an Individual Right in the 1949 West German Grundgesetz

Hanna-Mari Kivistö

Post–World War II developments concerning citizenship and access as one of the dimensions of citizenship are examined through the prism of noncitizenship and rights, using the drafting of the asylum paragraph of the 1949 Grundgesetz of the Federal Republic of Germany as a specific case study. The aim of this article is to look into the creation of the right to asylum in West Germany, to examine its political history by exploring its development and by searching for its conceptual, political, and rhetorical origins. The article investigates the birth of the unique conceptualization of asylum in the debates of the Parliamentary Council, the constitutional and quasi-parliamentary assembly responsible for the writing of the postwar Basic Law, and examines the political choices, motivations, and compromises behind its creation. To connect the matter of asylum to a wider problematic related to noncitizens and rights, the article benefits from the political philosophy of Hannah Arendt, with reference to her writings on human rights and refugees in the immediate post–World War II period.

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Jean Elisabeth Pedersen

“What is a nation?” Ernest Renan’s famous rhetorical question to an audience at the Sorbonne on 11 March 1882 has remained vital for a wide variety of scholars in fields as diverse as history, literary criticism, sociology, philosophy, and political science. Renan initially posed the question barely ten years after the close of the Franco-Prussian War, which had sparked the establishment of the French Third Republic, the unification of Germany under the leadership of Wilhelm I, and the transfer of the disputed territory of Alsace-Lorraine from French to German control in the months between July 1870 and May 1871. Renan made no overt mention of these events while he was speaking, but he rejected any possible answer to his question that might attempt to base the creation of nations and national identities on shared “race, language, [economic] interests, religious affinity, geography, [or] military necessities.” This explicit refusal constituted an implicit rejection of the entire range of German justifications for the acquisition of the two recently French border provinces.

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An Intellectual Genealogy of the Revolt against “Esprit de Système”

From the Renaissance to the Early Enlightenment

Jeffrey D. Burson

the shock of religious conflict and the exposure to a New World far beyond the cultural horizons of early modern Europe. Much sixteenth-century philosophy lost touch with the originally pragmatic and civic basis of humanism as scholars employed new

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Stefan Nygård and Johan Strang

of ideas was that the prominent cultural spaces and linguistic regions in Europe were ill informed about each other, often to an astonishing degree. His greatly admired J.S. Mill was ignorant of Hegelian philosophy and did not consider it worth

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Anton Jansson, Kai Vogelsang, and Nele Kuhlmann

Australian historian Peter Harrison delivered the prestigious Gifford Lectures, a long-standing series of lectures concerning theology, philosophy, and the relation between science and religion with a renowned list of former speakers, including such diverse

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Dethroning Deliberation

A Response to Caspary

Jeff Jackson

is good evidence for seeing Dewey as taking this position while confronting a structurally unequal society. I will also demonstrate how Caspary and I are nonetheless in agreement that Dewey’s pragmatist philosophy can provide an effective

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The Deliberative Potential of Facultative Referendums

Procedure and Substance in Direct Democracy

Alice el-Wakil

substance, “one of the most striking issues in political philosophy” ( Martí Mármol 2005: 263 ; see also Christiano 2003: 4–6 ), deliberativists actually agree that democracy must have a substantive aspect, and that it should achieve desirable outcomes (see

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Against Analogy

Why Analogical Arguments in Support of Workplace Democracy Must Necessarily Fail

Roberto Frega

characteristic Y; and (4) because A and B share the characteristic X, we conclude that B too shares the characteristic Y. Arguments by analogy are a classical staple in many fields of philosophy. Within political philosophy, they are often used to justify the

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Amit Ron

Political Philosophy 18 ( 2 ): 137 – 155 . 10.1111/j.1467-9760.2008.00316.x Brugha , Ruairí . 2000 . “ Stakeholder Analysis: A Review .” Health Policy and Planning 15 ( 3 ): 239 – 246 . 10.1093/heapol/15.3.239 Cohen , Jean . 1999 . “ Changing

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Alexander Weiss

. Hospitality, Sovereignty, and Democratic Iterations . Oxford : Oxford University Press . Bevir , Mark . 2011 . “ The Contextual Approach .” In The Oxford Handbook of the History of Political Philosophy, ed. George Klosko , 24 – 39 . Oxford, New