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The theme of this Article contrasts the perspective of Papa Francisco on the subject of migration, juxtaposing his blueprint of mercy as the point of departure, with the oppositional resistance, which is based on various dimensions of fear. This perspective will be contextualized within the framework of both American immigration law and within the parameters of international human rights and transnational migration. Part I of this Article will consider the paradigm of mercy and fear in light of the various provisions of federal American immigration law in their historical context. It will recount many of the restrictive and nativist episodes encapsulated in United States immigration law and policy, suggesting that, for most of our history, federal law has been driven by the dark side of human morality. That being said, it is also recognized that more noble callings have inspired exceptions to that general tenor that resulted in the enactment of law that more closely reflects an ideology of mercy. In his address to American bishops, Pope Francis commended the steps that the United States has taken to unify families and to assimilate refugees. Recognizing it as the zenith of mercy in federal law, this Article will recount the particular experience of regularization of status that occurred as a result of the enactment of the Immigration Reform and Control Act of 1986 and the participation in its implementation by the Office of Migration and Refugee Services of the U.S. Catholic Conference. Subsequently, and particularly concerning events that are transpiring at the time of this writing, the United States has tragically returned to federal law and policy that is seemingly inspired by fear. Part II of this Article explores the legal response to migration after World War II, outlining the main sources and development of international law on forced migration. It also examines categorization of forced migrants based on international law and current practices in light of the reasons for and causes of flight. The issue of ...

GBS_insertPreviewButtonPopup('ISBN:9780748610914);Wars of national secession and ethnic cleansing have disfigured recent years. These conflicts stem from claims that the same territory is occupied by separate 'peoples' for whom separate political arrangements should be made. Such claims are based on their supposedly distinct racial, ethnic, cultural or national identities. What, though, do such identities really amount to and what ought to be their role in determining the configuration and character of states? This has become a key concern of contemporary political philosophy and this book introduces readers to the materials required to address it:The concepts of race and ethnicity, cultural identity and nationalityThe relevant political theories, including liberalism, communitarianism and postmodernismThe topics of citizenship and migration, multiculturalism, and the ethics of secessionThis is the first comprehensive survey of a highly topical issue and its multidisciplinary approach will make it of relevance to courses in philosophy, politics, sociology and cultural studies, as well as of interest to the general reader."

Frontmatter -- Contents -- Acknowledgements -- 1. The Politics of Identity -- 2. National Character -- 3. The Idea of Deep Identity -- 4. Types of Identity -- 5. The Embodiment of Cultural Identity -- 6. Identity and Subjectivity -- 7. The Art of Identity -- 8. The Ethics of Identity -- Index

Today people's cultural identities are increasingly invoked in support of political claims, and these claims commonly lead to acrimony and violence. But what is 'cultural identity', and what is its political significance? This book offers a provocatively sceptical answer to these questions. Tracing the idea back to the now largely discredited notion of national character, it argues that cultural identity is no deep going feature of individual psychology. Nor is it any uniform phenomenon. Rather, various types of so-called cultural identity emerge in response to the different circumstances people face. Such identities are marked by merely surface features of behaviour and these have a principally aesthetic appeal. In consequence, it is argued, cultural identities lack the ethical significance claimed for them and their invocation is in many ways politically pernicious. The book engages not only with thinkers in the analytic tradition like Isaiah Berlin, Charles Taylor and Will Kymlicka, but with Continental writers like Sartre and Kristeva.