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Is Free Movement a Natural Right? Between Modern State and Aristotelian-Thomist Utopias

100%
Mazzola D.
Studia Philosophica Wratislaviensia
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2019
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vol. 14
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issue 1
145-159
EN
In these times of walls and razor-wires, open borders appear to be more utopian than always. Nonetheless, philosophers like Joseph Carens and, similarly but earlier, Timothy King and James L. Hudson, famously argued that the major philosophical perspectives in the Western world—libertarian, egalitarian, and utilitarian—would support a right to freedom of international movement of people. What would be the relative default position from the standpoint of natural law theory? In this article, I present a general introduction on natural law theory and its role in and outside philosophy, before presenting claims specific to the migration debate. I then recall the defence of a right to free movement by two authors sympathetic to the natural-law tradition, Ann and Michael Dummett: a defence which is grounded in principles of fairness and reciprocity and develops elements belonging to international law. I also outline John Finnis’s more critical and nuanced position. Finnis is eager to legitimize state authority and the “special relations” binding fellow countrymen: however, I claim that the classic Thomist perspective in which he situates these claims ensure his respect of a right to international movement which could be characterized as a version of “open borders,” with some definitional restrictions and qualifications of this latter phrase. Finally, I deal with the theory of Alasdair MacIntyre. Trying to infer MacIntyre’s attitude toward migration from the classic but short article on patriotism, might turn out to be no less dif ficult than potentially misleading, especially if that article is not read in its details. Complementary elements are offered in MacIntyre’s account of natural law “as subversive.” On these grounds, I claim that, contrary to simplistic misreading of MacIntyre’s alleged “communitarianism,” MacIntyrean Aristotelian Thomism would endorse a theory of migration more compatible with reasonably conceived open borders. I conclude my chapter with a presentation of Aquinas’s concise intervention on the subject, and I show that it further supports my reading of the natural law tradition.
2
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The Spiritual Connection of the Shushica Valley Locals to their Living Place

88%
Shkurti F.
Academicus. International Scientific Journal
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2011
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issue 04
108-117
EN
In this article we will deal with the issue of a population’s attitude to and estimation of the geographical environment it lives in with regard to the feelings created in this population with the passing of time. We will then mention some of the physical and geographical characteristics of the study area: its geographical position, relief, climate and flora and their role on the development of the study area’s population. We will make an evaluation of the area’s infrastructure and its role on the communication and connection with the other areas. The methodology employed is that of a questionnaire. The questionnaire, the data analysis and the publication of results took us a period of one year. The results were analyzed by giving the social, political and economical reasons that break off the spiritual connection to the living place, the present situation and the tendency by giving conclusions and recommendations that we think will be of great help to the solution of such an important issue in this period of enormous changes in every aspect.
3
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EU Accession and Migration: Evidence for Bulgarian Migration to Germany

88%
Kovacheva V.
Central and Eastern European Migration Review
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2014
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vol. 3
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issue 2
173-188
EN
Bulgaria’s European Union accession in 2007 turned the country’s citizens from third-country nationals with restricted mobility rights into EU citizens with rights to free movement within the EU. Economic rights were restricted for seven years by transitional periods in the free movement of workers. This article explores changes in the Bulgarian migration pattern to Germany after 2007 in the specific context of free movement with restricted freedom to work, and analyses the extent to which those changes can be related to that particular regime. Starting from this point, Bulgarian migration patterns to Germany are overviewed and a periodisation of migration since the World War II is suggested. Changes in the dynamics, forms and composition of migration after EU accession in 2007 are analysed, based on administrative data and a small-scale survey among Bulgarian migrants in Hamburg. Both the administrative data and the survey results provide empirical grounding for a plausible relation between EU accession and migration patterns. The scale of migration has increased and more temporary migration has taken place. However, the rise of migration can be attributed not only to new migration from Bulgaria but also, to a large extent, to a redirection of migration flows from other destination countries and the legalisation of irregular migrants. Circular migration has lost to a great extent relevance which could be plausibly explained by changed migration strategies under a regime of free movement. Despite transitional periods in the free movement of workers, labour migration has become a predominant form of mobility. Transitional periods did not prevent migrants from moving to Germany but, given the reduced labour market opportunities, may have hampered their successful labour market integration.
4
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Legal Approaches to ‘Unwanted’ EU Citizens in the Netherlands

75%
Mantu S., Minderhoud P., Grütters C., Mantu S., Minderhoud P., Grütters C.
Central and Eastern European Migration Review
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2021
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vol. 10
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issue 1
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