From Hospitality to the Right of Immigration in the Law of Nations: 1750–1850

Cavallar, Georg

doi:10.1057/9781137290007_4

Cited by 3 publications

(2 citation statements)

References 22 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…There are two main issues. First, scholars working within the law of nations tradition from Vitoria to Kant focus on the possibility of designing domestic and international laws of hospitality to regulate how states might welcome unplanned-for or uninvited foreigners who arrive at their borders (see Anderson-Gold 2001;Baker 2011aBaker , b, 2013Brown 2010;Cavallar 2002Cavallar , 2013Friese 2010;Onuf 2009Onuf 2013. Second, a critical vein of scholarship focuses on restrictive migration laws and border controls, and criticizes liberal democracies that adopt them for not going far enough to protect refugees and asylum seekers (see Allsopp 2012;Benhabib 2004;Benhabib et al 2006;Bessone 2015;Honig 2006;McNevin 2011;McNevin and Missbach 2018;Nyers 2006Nyers , 2018.…”

Section: Hospitalitymentioning

confidence: 99%

Three Reasons for Hospitality: Care for Others, Care for the World, and Care of the Self

Taylor¹,

Lefebvre²

2020

Perspect. polit.

View full text Add to dashboard Cite

We seek to answer a deceptively simple question: why do private citizens in liberal democracies offer hospitality to undocumented migrants? Through qualitative interviews with French citizens, we propose three reasons. The first is widely recognized in the scholarly literature: hospitality is offered out of a care and concern for vulnerable and precarious migrants. However, we uncover two additional reasons that are not acknowledged in studies on hospitality. One is the desire by citizens to uphold the basic principles and ideals of their own society (what we call “care for the world”). Another is the desire on the part of citizens themselves to become a different and better kind of person by practicing hospitality (what we call “care of the self”). We provide a multifaceted account of what motivates citizens to offer hospitality even in situations where it is outlawed by their own governments.

show abstract

Section: Hospitalitymentioning

confidence: 99%

Three Reasons for Hospitality: Care for Others, Care for the World, and Care of the Self

Taylor¹,

Lefebvre²

2020

Perspect. polit.

View full text Add to dashboard Cite

show abstract

“…19 Some note that he is especially difficult to classify on freedom of movement. 20 Scholars also disagree about whether and how Heffter related to other influences, particularly G.W.F. Hegel and the German historical school of jurisprudence.…”

mentioning

confidence: 99%

A New Foundation for Freedom of Movement in an Age of Sovereign Control: The Liberal Jurisprudence of August Wilhelm Heffter

Szabla¹

2022

Law hist. rev.

View full text Add to dashboard Cite

This article addresses how a once influential but now obscure jurist addressed a potential paradox in liberal thought—between democratic control over borders and transnational rights—as it arose in the mid-nineteenth-century, amid advocacy against authoritarianism and for free trade and movement, on the one hand, and the increasing calling into question of natural law theories that may have best facilitated free movement, on the other. While scholarship has increasingly shown how the boundaries between periods of natural law and positivist hegemony are difficult to distinguish, specific tensions in the mid-nineteenth-century called for an approach that preserved free movement in light of the growing appeal of empiricism and state sovereignty. In this context, August Wilhelm Heffter proposed that states were bound by higher law as a consequence of their free decision to enter international communities: these communities’ purpose, he wrote, bred customary laws facilitating interstate interaction. Heffter’s approximation of “natural” law in a more positivist context and his use of the period’s “customary” logic helps account for his influence not only in periods of free trade and movement’s ascendancy but also the survival of forms of his thought into periods of sovereigntist reaction against them. It therefore holds potential to address what scholarship has termed today’s “liberal paradox” between democracy and migration better than approaches that emphasize a more complete return to natural law.

show abstract

Hospitality as a Horizon of Aspiration (or, What the International Refugee Regime Can Learn from Acehnese Fishermen)

McNevin

Missbach

2018

Journal of Refugee Studies

View full text Add to dashboard Cite

From Hospitality to the Right of Immigration in the Law of Nations: 1750–1850

Cited by 3 publications

References 22 publications

Three Reasons for Hospitality: Care for Others, Care for the World, and Care of the Self

Three Reasons for Hospitality: Care for Others, Care for the World, and Care of the Self

A New Foundation for Freedom of Movement in an Age of Sovereign Control: The Liberal Jurisprudence of August Wilhelm Heffter

Hospitality as a Horizon of Aspiration (or, What the International Refugee Regime Can Learn from Acehnese Fishermen)

Contact Info

Product

Resources

About