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An emergent cosmopolitan paradigm? Asylum, welfare and human rights 1
Author(s) -
Morris Lydia
Publication year - 2009
Publication title -
the british journal of sociology
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.826
H-Index - 92
eISSN - 1468-4446
pISSN - 0007-1315
DOI - 10.1111/j.1468-4446.2009.01228.x
Subject(s) - cosmopolitanism , normative , human rights , reflexivity , context (archaeology) , refugee , immigration , political science , sociology , interpretation (philosophy) , international law , government (linguistics) , law , law and economics , social science , politics , philosophy , linguistics , biology , paleontology
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.