Hans Lindahl's A Right to Inclusion and Exclusion? : Normative Fault Lines PDF

By Hans Lindahl

ISBN-10: 1847315305

ISBN-13: 9781847315304

This quantity of essays - located on the interface among criminal doctrine and felony and political philosophy - discusses the conceptual and normative matters posed by means of the appropriate to inclusion and exclusion the ecu claims for itself while enacting and imposing immigration and asylum coverage less than the realm of Freedom, safeguard, and Justice. specifically, the essays probe how this alleged correct acquires institutional shape; how the enactment and enforcement of the EU's exterior borders render attainable and undermine the declare to this kind of correct; and the way the basic differences that underpin this alleged correct - resembling inside/outside and citizen/alien, are being disrupted and reconfigured in ways in which may possibly render the EU's civic and territorial obstacles extra porous. the amount is split into 3 elements. the 1st set of essays delves into the empirical elements that outline the institutional context of the EU's alleged jus includendi et excludendi. A moment set of essays is theoretical in personality, and significantly scrutinizes the elemental differences that govern this alleged correct. The 3rd set of essays discusses politico-legal choices, exploring how the conceptual and normative difficulties to which this alleged correct provides upward thrust should be handled, either legally and politically.

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Extra info for A Right to Inclusion and Exclusion? : Normative Fault Lines of the EU's Area of Freedom, Security and Justice

Sample text

The legal framework constituted by the Agreement and the Schengen Convention of 19 June 1990 became part of EU law with the Amsterdam Treaty, 2 October 1997. Political Discourses about Borders 21 of normative polarisation quite at odds with the realities of migration policy as enacted, and as implemented by the current Spanish government. 16 Each must be considered as an approach and an orientation that helps define migration policies. Broadly speaking, the first one follows a security-based approach, the second, a human rights-based approach.

Approaches to critical discourse analysis (Vienna, Passagen Verlag, 2000) 85–103 at 90; and see, amongst others, N Fairclough, Discourse and social change (Cambridge, Polity Press, 1992); P Chilton, Analysing Political Discourse: Theory and Practice (London, Routledge, 2004); DR Howarth, Discourse (Buckingham, Open University Press, 2000); D Tannen, D Schiffrin and H Hamilton (eds), Handbook of Discourse analysis (Oxford, Blackwell, 2001); T Van Dijk and I Rodrigo, Análisis del discurso social y político (Quito, Ecuador, Pluriminor, 1999); R Wodak and M Meyer (eds), Métodos de análisis crítico del discurso (Barcelona, Gedisa, 2003).

If borders only separated it would no longer be possible to acknowledge that there is an outside and, by implication, an inside; if they only joined, then there would be no way of differentiating between inside and outside, hence there would no longer be two regions that could be joined. Yet, although these two functions are necessarily intertwined, migration policy can privilege one or the other. This is precisely the upshot of the strong normative polarisation of the two discourses explored in Section III.

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A Right to Inclusion and Exclusion? : Normative Fault Lines of the EU's Area of Freedom, Security and Justice by Hans Lindahl


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