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This book describes the potential and challenges of cosmopolitanism
from a philosophical and historical point of view. Through the
prism of cosmopolitanism, this book considers how the recent surge
in migration is affecting our current reality, while also taking
stock of the contemporary potential of cosmopolitan ideas. It
considers and compares the significance of religion and culture for
the wider societal acceptance or rejection of refugees. Moreover,
the book examines the European Court of Human Rights jurisprudence
on immigration policies, non-refoulement, humanitarian law and
gender. It presents empirically based research of a quantitative,
qualitative and comparative nature regarding the determinants of
attitudes towards cosmopolitanism and more generally concerning
public opinion on migration issues, and reflects on conceptions of
and attitudes towards citizenship, while also imagining new forms
of citizenship. This book serves as a comprehensive overview and
resource for migration scholars from the social sciences and the
humanities, as well as students and other stakeholders in the
fields of migration and human rights.
This book describes the potential and challenges of cosmopolitanism
from a philosophical and historical point of view. Through the
prism of cosmopolitanism, this book considers how the recent surge
in migration is affecting our current reality, while also taking
stock of the contemporary potential of cosmopolitan ideas. It
considers and compares the significance of religion and culture for
the wider societal acceptance or rejection of refugees. Moreover,
the book examines the European Court of Human Rights jurisprudence
on immigration policies, non-refoulement, humanitarian law and
gender. It presents empirically based research of a quantitative,
qualitative and comparative nature regarding the determinants of
attitudes towards cosmopolitanism and more generally concerning
public opinion on migration issues, and reflects on conceptions of
and attitudes towards citizenship, while also imagining new forms
of citizenship. This book serves as a comprehensive overview and
resource for migration scholars from the social sciences and the
humanities, as well as students and other stakeholders in the
fields of migration and human rights.
This study argues that we cannot reasonably keep on speaking as
though there is only one conception of human rights. The consensus
around certain core rights, though important, hides the fact that
very different moral sensibilities are at work. The American and
French declarations from the 18th century originate in a very
different moral sensibility than the Universal Declaration of Human
Rights from 1948. Their conceptions of humanity and its moral
destiny are totally different. The former emphasise liberty while
the latter emphasise human flourishing. The former enforces basic
rules of mutual respect and leaves the rest to the individual's own
choice, while the latter conceives human life as basically moral
prescribing an ideal of human perfection. A third and very common
conception today conceives human rights as a basic standard of
human decency, which does not exclude other moral considerations. A
basic regime of human rights leaves room for local choices in
favour of liberty, human flourishing or something else, but no
particular declaration seems to correspond to the view. This third
view seems to be of a recent date and its theoretical foundation is
such that it cannot claim any of the other declarations as its
ancestors though it might be a "mutation" or misunderstanding of
the classical 18th century declarations. A major part of this study
traces the origin of the conception of rights behind the classical
declarations, notably the Virginia declaration of 1776 and the
French declaration of 1789. This conception will be contrasted with
a perfectionist conception of morality, which only furnished itself
with a conception of human rights very late. The third conception
will be examined in the last chapter.
Text in French. On distingue dans la philosophie politique moderne
une preoccupation particuliere, a savoir le conflit entre individu
et etat. Quelle philosophie morale pourrait trancher entre ces deux
concepts ? Qu'on donne a chacun le droit a la contestation, et l'on
voit se dresser immediatement le spectre de l'anarchie. Si nous
refusons ce droit, la souverainete de l'etat peut sans conteste
tourner au despotisme. Avec sa theorie de la souverainete, Jean
Bodin joue un role cle dans l'histoire de ce dilemme. Le rapport
entre sa theorie du droit naturel et celle de la souverainete est
au centre des recherches presentees dans cette etude portant en
particulier sur son ouvrage La Republique de 1576.
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