An emergent cosmopolitan paradigm? Asylum, welfare and human rights.
This paper addresses the recognition in cosmopolitan debate of a possible disjuncture between the normative ideal of cosmopolitanism and its realization in practice. Taking as its focus the potential conflict between human rights commitments and national concern about immigration control, it reflects on a series of legal challenges to UK government attempts to withdraw support from asylum seekers who do not claim on entry into the country. Set in the context of socio-legal theory, these cases are analysed for signs of a 'national' or 'cosmopolitan' paradigm in judicial interpretation, and considered as a possible instance of reflexive judgment, espoused as a feature of cosmopolitanism.
Morris
Lydia
L
Department of Sociology, University of Essex. ldmorris@essex.ac.uk
D018864:Cultural Diversity; D054242:Emigrants and Immigrants / Q000331:legislation & jurisprudence*; D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D007600:Judgment; D011057:Politics; D011640:Public Policy / Q000331:legislation & jurisprudence*; D012036:Refugees / Q000331:legislation & jurisprudence*; D040841:Resource Allocation / Q000331:legislation & jurisprudence; D012922:Social Change; D012945:Social Values; D012946:Social Welfare / Q000331:legislation & jurisprudence*; D006113:United Kingdom