Multiculturalism and Integration Reading Notes

Politics, Religion and Free Speech (Week 3)

- In a multicultural society, there are bound to be moments in which deep identity driven
conflicts occur
- ‘Religion is the realm of the sacred and the holy par excellence and arouses strong
feelings of piety and reverence’
- Muslims argued that the Christian anti-blasphemy law should apply to them too (299)
- Christians coming to accept portrayals of Jesus vs. Muslims of Muhammad (303)
- Each party has conflict because they cannot understand the identity – history,
background etc. of the other.
- Multi-stakeholder dialogue (p.306!)

Liberalism and the Right to Culture (Week 3)

Margalit Halbertal – Israeli Philosophy Professor at Hebrew University/Princeton
Main Argument: States must preserve neutral liberalism in majority culture but give special
privelages to minority cultures
- “Human beings have a right to culture – not just any culture, but their own” (491)
- Culture requires a group
- Protecting culture sometimes requires the state to use “illiberal means” (492) e.g homes
example for cultural homogeneity
- E.g Orthodox Jews – culture is essentially anti-liberal. Imposes rules on those within the
community and those outside of it.
- Concentration of groups as well as culture of groups
- “The national anthem of the State of Israel is one that 18 percent of Israeli citizens do
not and cannot share” (495) – ultra orthodox as well.
- A national anthem is a “central symbol of civil religion” (495)
- What does culture mean in the context of a “right to culture”? “the concept of culture
as a comprehensive way of life” (497) way of life vs. lifestyle
- Steps: 1) right to live, 2) right to be recognized as a distinct culture 3) right to state
support of culture (499)
- Culture only works as a collective – to fulfil the right to culture must more people join a
culture/group against their will? (499) All rights require justification to be imposed, for
culture this is the “existence of a sufficient number of other people demanding the right
to the same culture”.
- “person” vs “personality” (501) the right to culture is the right to secure one’s
personality identity within a group
- “Culture creates a considerable number of both the options to choose from and the
criteria to be used in judging the value of the various options” (503)
- Sovereignty is manifest at borders – thus border control becomes such a major issue.
The Politics of Multiculturalism (Week 3)
Will Kymlicka – Canadian Political Philosopher

- Important not to generalize when talking about multi-culturalism

- Two types of multiculturalism – 1) adoption of a smaller tribe/group into a larger society
2) Immigration of individuals or families
- Multination states – where two or more historical groups or ‘nations’ fall under the
jurisdiction of one nation. May be voluntary or involuntary.
- Canadian history “pivotal” moments in Canadian history have rested upon moments as
the relationship between French, Canadians and Aboriginals has been renegotiated.
- “Assimilation was seen as essential for political stability” (14)
- Speaking a “common language” has been essential to immigration policy throughout
history (15)
- Case Study: Hispanics in the United States – not enough to simply say ‘hispanics’ – there
are many different categories and backgrounds e.g from Cuban exiles to illegal Mexican
migrants (16)
- Difference between multinationalism and polyethnic. Definition of culture used is that
to describe groups of people that occupy land etc.
- When countries perceive themselves as “immigrant countries” they do less to protect
real immigrants/refugees
- Test for liberal conception of minority rights: does it define membership of a culture in
terms of willingness to participate or descent? (23)
- Case Study: African Americans – neither an immigrant group or national minority
- Reflects itself in the centralization/decentralization debate (28)
- “All governments expect and sometimes require a minimal level of civic responsibility
and participation from their citizens” (36)
- “self-government rights and polyethnic rights can, under some circumstances, be used
to limit the rights of the members of the minority group” (38)
- Case Study: Pueblo – their self-government has led them to restrict housing to those
who are protestant – i.e theocratic discrimination
- Talaq divorces – legal?

The Strategy of Privatisation (Week 4)

Brian Barry – British Political Philosopher/Analyst
- The concept of a ‘lifestyle’ – a society in which the ‘consumer ethic has spread beyond
its original home’
- ‘Germanism was in the blood, and this blood made possible the sentiments and
capacities of the German spirit’ (21)
- ‘The politics of difference’ is a formula for manufacturing conflict’ (21)
- The basis of all social groups is not cultural – ‘bad anthropology’ (21)
- ‘The various modes of worship which prevailed in the Roman world were all considered
by the people as equally true; by the philosopher as equally false; and by the magistrate
equally useful’ (24) – the conflict comes from leading incompatible demands
- The privatisation of Christianity
 - Literal interpretation of Quran has outlines for a political structure – thus conflicts with
liberalism (27)
- Charitable status of religions – neutral in the sense that they are ‘even-handed’
- Parekh ‘the illustrious defenders of free speech.. earned their living by, and had a vested
interest in, free speech’ (30)
- ‘The right to mock, ridicule and lampoon is inseparable from the right of free speech’
(31)
- ‘few people have ever been converted to or from a religion by a process of ‘examining
beliefs critically’ (31)
- ‘from an egalitarian liberal standpoint, what matters are equal opportunities’ (32)
- ARGUES FOR THE RULE-AND-EXEMPTION APPROACH. MULTICULTURALISM HARD TO
JUSTIFY.
- Framing of ‘freedom of religion’ in US constitution has led to some religions gaining a
stronger identity – e.g you must wear the skull cap
- ‘If we consider virtually any law, we shall find that it is much more burdensome to some
people than to others’ (34)
- Case study: Sikh’s and job discrimination in UK. Employers tend to win on hard had
issue.
- In the UK discrimination on the basis of religion is not illegal
- ‘This is the way we do things here’ principle – how far does it extend?
Argument
1) Secular State/Private Religion (Sikhs and knives)
2) Politicians cave to the demands of cultural groups – should be done with the goal of
limiting hardship.
3) Too many protections given to groups without considering the impact to broader
society

Too diverse? (Week 4)

- Progressiveness undermines the moral foundation upon which a large welfare state
rests
- These questions are as old as society itself – ‘who is my brother? With whom do I share
mutual obligations?’
- What is the extent of our obligations to those who we don’t know?
- ‘Membership in such a community implies the acceptance of moral rules, however
fuzzy, which underpin the laws and welfare systems of the state’ (3)
- Sometimes even close genetic ties do not produce cohesion – example of daughter who
labour gave money to
- Why do we feel suspicious towards outsiders?
- Tax income goes to minorities in the U.S, therefore no welfare state
- But are the standards to which immigrants must comply really that hard? London has
the most diversity but is the most left part of the UK
- Short term economic benefits of immigration vs. long term economic harms –
‘immigrants grow old too’
 - ‘We are more tolerant than, say, France because we don’t care enough about each
other to resent the arrival of the other’
- ‘The US has tried to resolve the tension between liberalism and pluralism by developing
a powerful national myth’ i.e seek to strengthen national identity against attacks to that
identity (10)
- ‘Without being so wide as to become meaningless’ (10)

Deconstructing America: The Rise of Subnational Identities (Week 4)

Samuel Huntingdon – Harvard Professor of International Affairs

- Shift from a homogenous picture of U.S culture to one characterized by a “conglomerate

of different races, ethnicities, and subnational cultures” (142)
- These efforts had not been seen before in world history
- “Previously “becoming white” and “Anglo-Conformity” were the ways in which
immigrants, blacks and others made themselves Americans” (145)
- Non-discrimination replaced with affirmative action/discrimination – the practice of
actively helping minorities achieve prominent positions/success over whites
- Pure neutrality with university admissions compared to giving certain minorities
advantages e.g University of Michigan Points System (156) RACE BLIND OR RACE
CONCIOUS (157)
- Issue of language – should the U.S become a bilingual society (159)
- Countries held together by more than 1 language often survive out of fear to more
powerful neighbours – they are weaker (159)
- Speaking English was a requirement for citizenship – therefore an issue. ‘A symbol of
national identity’ (166)
- “Multiculturalism is in its essence anti-European civilization” (171)
- Intermarriage dilutes cultural identity (172)
- War related stories were “designed to give children a common history and common
political ideals” (174)
- Is is possible by focusing on the third world to forget your own national identity (me?)
- Deconstructionist movements associated with WAR. Perception of ‘them’ and ‘us’.
Transformative Accommodation: Utilizing External Protections to Reduce Internal Restrictions
(Week 5)
Ayelet Shachar – Professor of Law/Multiculturalism at University of Toronto

Transformative Accommodation – middle-ground approach to bring leaders from both parties

into a shared federal system where the aim is to help the most vulnerable in both communities
within the constraints of the minority group culture (118)
Relies on four key assumptions:
- ‘Group members living within a larger political community represent the intersection of
multiple identity-creating affiliations’
- ‘both the group and the state have normatively [used] legally justifiable interests in
shaping the rules that govern behaviour’
- Both groups have ‘legally and justifiable entities which are constantly affecting each
other
- Self-professed interest of both state and group to support their constituents

1) Divides areas of conflict into sub-matters e.g immigration, family law (119)
2) “No monopoly” rule – they are ‘complimentary power holders’ – they come to see each
other as working towards a common goal rather than working together
- Forced to compete for the loyalty of the constituents
3) Establish clearly delineated choice options
- Reversal points in negotiations  if agreements are broken
- The change in power balance empowers those marginalized in the traditional
community

Differences to Traditional Federal Self-Government Model

- Groups can receive jurisdictional authority without having territory
- Not susceptible to the exacerbation of existing differences within minority group
- Has the ability to change and adapt as the players change
Decision-making Across Jurisdictional Boundaries: Tensions and Possibilities
- Jurisdictional control allocated on the basis of what the group and state finds most
important for the survival of the respective entity (129)
- The BATNA of the state is to impose secular/liberal policies which increases the
negotiating power of the state
Family Law Revisited
- “both of these authorities must then overcome whatever mutual suspicions they might
have, and exercise their complementary powers in tandem” (132)
Case Study: Malaysia and Shari’a law. Government used Malaysian culture to create provision
for widowed wives within Shari’a law. In a divorce husbands and wives ‘bargain in the shadow
of the Law’ (133)
Case Study: Divorcing Jewish Orthodox Couple – state is able to give the divorced wife greater
leverage in negotiations as the husband carries the weight of cultural tradition. (134)
Role of Women defined by:
1) Economic situation
 2) Link between command over property
3) Their ability to engage in collective action with other women when contesting norms
that disadvantage them
Counter-argument: Going to an outside court may further extradite individual from group as
they are labelled as a traitor to the group (139)

Harnessing Group Survival Instincts

“Communities are living entities” (141) – interesting way to look at group culture. Do they die
or are they just transformed?
- Female members have enormous power – they are essential to the groups power – why
they are controlled
- Opposite would be ‘reactive culturalism’ where the cultural group deepens existing
cultural practices in reaction to the modern practices of the state.
- Offers the potential to have certain cultural facets enshrined in law
- Internal abuses of group power are determined partly by the actions of the state or
inaction of the state

Is multiculturalism bad for women? (Week 5)

Susan Moller Okin – Liberal feminist political philosopher and author
ARGUES THAT MULTICULTURALISM MAY LEAD TO UNEQUAL TREATMENT OF MEN AND
WOMEN
‘What should be done when the claims of minority cultures or religions clash with the norm of
gender equality that is at least formally endorsed by liberal states?’ (9)
Polygamy and wearing the headscarf in France (9) Headscarf became the issue whe. It was
really polygamy
There is a ‘deep and growing tension between feminism and multiculturalist concern for
protecting cultural diversity’ (10) – the definitions the government makes often clash with
multicultural values/ values of the minority culture.
Feminism – ‘women should not be disadvantaged by their sex’ (10)
Multiculturalism – “that minority cultures or ways of life are not sufficiently protected by the
practice of ensuring the individual rights of their members, and as a consequence these should
also be protected through special group rights or privileges”

- There is a trend to see group rights as a single entity – i.e to focus on the differences
between them and other cultures rather than the differences within the cultural group
- Religious and cultural groups often particularly concerned with ‘personal law’ e.g
marriage, divorce, child custody, etc. – leads to this tension
Many cultures inherently involve controversial practices e.g clitoridectomy in the Ivory Coast m
Egypt
POLYGAMY – Husband’s Power Enhanced by creating significant age difference between
husbands and wives
Discrimination exists in western liberal culture – but women have the RIGHTS to be treated
equally – which do not exist in other cultural ideologies
Critique of Kymlicka
 - For Kymlicka’s conception of group rights, the minority group must adhere to liberal
principles. This is not often true.
- Sex discrimination is often unclear – often at home, reinforced by cultural heritage.
These issues often remain in the private as they are seen as a ‘family’/’private issue (23)

Whose Agenda is it? Abuses of Women and Abuses of ‘culture’ in Britain (Week 5)
Moira Dustin (Research Fellow at University of Sussex) & Anne Philips (LSE Professor)
‘Cultures differentiate themselves largely through the ways they regulate personal, sexual and
reproductive life’
 Shift to integration rather than multiculturalism
- Womens groups in the UK have been campaigning against issues of womens rights and
multiculturalism for decades
- It is hard to address cultural issues without reinforcing cultural stereotypes – media
portrayal is also an issue
Forced Marriage
- Government initiatives have existed since 1999, when the UK government set up the
‘Working Group on Forced Marriage’. Became ‘Forced Marriage Unit’ in 2005.
- Marriage age for overseas partners raised to 18 (perhaps 21) before entry cleared

Honour Killing
= violent crimes committed against women rooted in community perception of honour
- Media as a catalyst to government action on these issues – murder of 16 year old Heshu
Younes
- Media however also liable to portray all killings within ethnic communities as honour
killings – reinforcing negative stereotype which only encourages more extremism

Female Genital Cutting

Prohibition of Female Circumcision Act 1985, Female Genital Mutilation Act 2003
- Perceptions of how girls/women see themselves
- A girl can have an operation to conform to the majority, but not to the minority
- Girls are still being taken abroad for operations
- ‘No national good standards of practice have been established, raising concerns about
sensitivity and confidentiality’
- Difficulty in identifying the scale of the problem
- There is an effort to see FMG as chld abuse – but does that mean the FMG practisers are
child abusers. Deeply problematic?

Women’s Islamic Dress

- In England decisions on school dress left to schools themselves
- Case of young woman who had to leave the school and two years of her education in
order to be able to wear the jihab
- The niqab equated with female subjugation

- Preoccupation with womens issues reflects urgent need to do something about the issue
 - Best chance is with minority groups being represented by voluntary organizations
- The fact that women may be more vulnerable to coercion or violence within particular
cultural groups does not mean that coercion and violence are ‘cultural practices’.
- Policies should be devised with careful consultation and understanding of ethnic groups

Beyond National Models: Civic Integration Policies for Immigrants in Western Europe
Christian Joppke - German Political Sociologist at University of Bern, Switzerland

Government integration policies have been insufficient at helping to integrate migrants into
host countries e.g Netherlands, France “’in spite of’, rather than thanks to government policy”
(Netherlands).

- Difference between ‘assimilation’ (universal) and multi-culturalism (difference friendly)

- Republican democracy emphasizes the role of the person in staying the way they are
“Assimilation means: I make you disappear” (2)

November 2004 European Union Council Agreement on ‘common basic principles’ of immigrant
integration policies:
1) ‘broadly if imperfectly inclusive’ (3)
2) ‘dynamic, two-way process of mutual accommodation’ (3) – not only the migrants
change, but society must change to adapt to them
3) ‘principles of liberty, democracy, respect for human rights and fundamental
freedoms, and the rule of law’ – based on rights, not what is good. Culture not the
business of the state.
4) Emphasis on strings attached to culture – rights e.g equality of women upheld as
well as the freedom to practice or not practice a particular religion
5) Employment is a key part of the integration process – socioeconomic integration.
Primary task of the state is to ‘make migrants independent of the state) (4)
6) ‘Basic knowledge of the host society’s language, history, and institutions is
indispensable to integration’ (5) e.g Netherlands, Finland where migrants take
classes in history, language etc.
7) ‘Access for immigrants to institutions, as well as to public and private goods and
services, on a basis equal to national citizens and in a non-discriminatory way is a
critical foundation for better integration” (5) – LIBERAL thought

Civic Integration Policies for Immigrants

The Netherlands:
- Focus on developing ‘ethnic’ infrastructures e.g ethnic schools, ethnic media – focused
on multiculturalism. Pioneers since the 1980s
- Unemployment rate even worse than other European countries
- Government responded by turning away from multiculturalism to civic integration
- Killing of populism Pim Fortuyn in 2002 led to backlash as multiculturalism replaced by
dominant Dutch ‘values and norms”
- Migrants increasingly responsible for their own integration – state does less to help (7)
 - Those applying for temporary residence have to take integration test at embassy abroad
(8)
- Focused on reducing numbers of low-skilled workers and increasing percentage of high-
skilled workers

France:
- Francophone background of many immigrants to France reduces pressure on French
language instruction to migrants
- Coercive side took longer than the Netherlands
- ‘Integration contract’/French language test mandatory for renewal of residence permits
- Contract voluntary

Germany:
- The notion that ‘ethnic migration was not ‘immigration’ but a ‘homecoming’ of co-
ethnics’ had to be stamped out
- Both an ‘entitlement’ and ‘obligation’ for migrants to participate in German courses
- State carries most of the costs – migrants obliged to pay 1 euro per hour for instruction
- No participation does not have a major effect on immigration status – ‘can’ effect

Civic integration or repressive liberalism?

- Policies materials loaded with provocative material in order to discourage immigration
- Public education ‘no longer centred on the national if ‘multicultural self’ but on the
‘strategic cosmopolitan’ (16)
- Social inclusion tied more to the labour market than to society or politics
- Labour-market favours social inclusion because this increases competition within the
market
- Migrants enter through selection or through ‘rights’ provisions
- NATIONAL MODELS NOT EFFECTIVE

Comparative Citizenship: An Agenda for Cross-National Research

Marc Morje Howard – Professor of Law at Georgetown University

“The state is a compound made of citizens; and this compels us to consider who should properly
be called a citizen and what a citizen really is. The nature of citizenship, like that of the state, is
a question which is often disputed: there is no general agreement on a single definition: the man
who a citizen in a democracy is is often not one in an oligarchy. “ – Aristotle

- “Economic globalisation, regional integration and cultural cosmopolitanism has broken

down some boundaries that had existed in the classic model of singular national
belonging” (444) – globalization has brought the notion of citizenship to the fore
- Citizenship creates boundaries – can separate countries and citizens/foreigners within a
country
- Liberal democracy “internally inclusive” but “externally exclusive”
- Civil rights -> political rights -> social rights
Exclusivity determined by:
1) Right to vote
2) Social benefits – advantages of the welfare state not afforded to all
3) Public sector jobs – restriction on labor mobility
4) Citizenship as a measure of integration
5) Pressure to incorporate more immigrant workers in increasingly xenophobic society
(446)

Historical factors primary determinant of whether a country will have a restrictive immigration
policy:
1) If the country has a colonial past – have more ties with outside countries e.g UK, France
2) Impact of the EU – policy making is far away, therefore more resistance to it

- There has been a relative convergence of immigration policies

- Left-wing governments in favour of increasing the citizenship rights of immigrants, right
wing favour expanding diplomatic connections but reducing immigration

The Factors that Make and Break Immigration Policies

Stephen Castles – Research Chair in Sociology at University of Sydney
EXPLAINS: WHY MIGRATION POLICIES SOMETIMES FAIL TO ACHIEVE DESIRED OUTCOMES

“Paradoxically, the ability to control migration has shrunk as the desire to do so has increased”
(852)
Australia – White Australia policy  current multiculturalism
German  guest workers from 1955 to 1973. 1999 citizenship law shift from citizenship by
descent to citizenship by citizenship by birth on the territory (always a country of immigration)
Policy fails when it fails to achieve desired outcome

- May fail due to a short term/narrow view of migratory process – long term view is
necessary (853)
- Issues are so complex that governments tend towards compromises. National vs.
Transnational understandings
Migration Policy in History
- Migration caused by economics – therefore state policy just distorts (854)
- Highly skilled emigration countries often placed restrictions on emigration e.g Soviet
Bloc, Mercantilist European Monarchs
Do democratic states have the capacity to:
1) Analyze and forecast the long-term consequences of migration policy decisions
2) The political ability to reach consensus on long-term goals
3) Create policy that is consistent with democracy/rule of law
Factors Shaping Migration and Migration Policy
- Migration became an issue of high politics in the 1990s
- Multinational/supranational regulation systems e.g Schengen 1985
- Migration crisis or changed perceptions?
1) Social dynamics of the Migratory Process
- Neoclassical theory and that categorization of migrants will lead to their control has led
some to believe that migration can be turned on and off “like a tap”
- MIGRATION IS A SOCIAL PROCESS
- Chain Migration – process of migration started by young workers to include families and
the building of an ethnic community. Migration strongly influenced by existing
connections.
- Family and Community – decisions on migration made by families
- Position within the Lifecycle – young migrants aim to earn a certain amount of money
before leaving, but this is difficult to achieve  settlement
- The Migration Industry – major and largely legal international business. Illegal side is
smuggling and trafficking.
- Structural Dependence on Emigration – governments may encourage emigration so
people migrate because everyone else does so
- Structural Dependence on Immigrant Labor – In order to keep production costs low

2) Factors linked to globalization, transnationalism and North-South Relationships

- Until 2000 most migration intraregional
- North-South Divide Generates Migration – complex array of factors
- “the riches are global; the misery is local” (862)
- Globalization creates strong pressures to move – cultural and economic
- The reasons for migration have changed e.g education – not just intent to personally
settle
- Transnational communities – identity not based on national identity
"... Stopping arms exports to regimes that persecute their citizens and to countries engulfed in
violent internal conflicts or wars of aggression against other countries could be the biggest single
step towards reducing the number
 of asylum seekers" (UNHCR, 2000:22).

3) Factors within Political Systems

- Political Conflicts in Emigration Countries – e.g Philippines where emigration
dependence has lessened ability of government to provide for its people
- Interest Conflicts in Immigration Countries
- Interest Conflicts and Hidden Agendas in Migration Policies – media often anti-
immigration so politicians give lip-service to anti-immigration but actually pursue
immigration policies
- The Political Ability to Control Migration – Does it really exist?
- Contradictions within the Policy Formation Process – difficulty of balancing economic
and social interests
- Importance of Rights – Constitutional/international norms tend to disrupt government
policies toward migration
- Civil Society – Opposition by NGO’s/Associations
- The Welfare State – Strong welfare states tend towards closure towards closure to
newcomers
Open Borders – would damage the weakest in both the poorest and richest countries

A world migration organization? (877)

‘moral imperatives are rarely crucial in international politics’ (878)

Immigration and State Sovereignty

John R. Reitemeyer Professor of Political Science at Trinity College Hartford Connecticut

Question: Why did Western Political Elites lose control of immigration policy after WWII?

1) The liberal state

- Expansion of international markets led to international labor market
- Difficulty in preventing permanent settlement of migrants due to liberal ideology

 explains difficulty that European liberals face from far-right anti-immigrant parties
because they cannot reconcile the two. Far-right parties take advantage of free speech to
politicize immigration.

2) Embedded realist
- Limitations on state policy making are mostly self-imposed
- Locus of decision making on immigration remains within domain of individual states and
governments
- Capacity of states to control immigration has increased over time

3) Globalization
- State power has waned over the previous few decades
- Growth in human rights/transnational forces
- Economics can now only be steered, not determined by governments
- National identity not as relevant anymore
4) Path-Dependant
- Colonial legacy plays an important role. Western powers have long-standing agreements
with countries in the developing world.
- Geography – e.g Switzerland plays an important role too with Italian migrants
5) Political-Institutional
- Political institutions lose power compared to business/transnational/legal groups as
they cannot maintain a steady course
- Immigration thus becomes the issue of the courts

Britain

- Phases of UK immigration: Ireland then commonwealth (peak in 1961)

- July 1962 Commonwealth Immigrants Act
 - Many were actually British citizens
- Policies still allowed the migration of families so did not have a major effect on
migration numbers
- Immigration was tightened when labor was needed. Why? Racial hostility (political
considerations) or elite racism?
- 2005 election – immigration was not a major issue. Asylum issue dormant throughout
1990s then seized upon by conservatives
- Labour government encouraged immigration – more flexible labour market, thus
allowing the economy to respond more efficiently to fluctuations in demand
- 1980s Thatcher government cut ties to Commonwealth

Germany

- Initiated formal guest worker program in 1955. Needed workers

- Asylum became easiest route for immigrants wanting to enter Germany in 1980s-90s
- Asylum law changed so immigrants could not apply for asylum when coming from a
‘safe’ country near Germany
- Aussiedler – ethnic Germans living abroad who could claim citizenship in Germany –
rights terminated in 2009.
- German policymakers much more pragmatic than British in response to immigration

The State and the New Geography of Power

Dutch-American Sociologist at Columbia University and LSE

Sovereignty based on the notion of sovereignty of the people – i.e the government has the right
to rule based on the will of the people. See UN declaration of Human Rights

- Right to embassy as a form of sovereign recognition

- A ‘new geography of power’
- Globalization has been accompanied by a trend of legal innovation
1) Territoriality (6-12)
- Export Tariff Zones
- Growth of Anglo-American Law Firms
- Offshoring creates a space economy that goes beyond the regulatory umbrella of the
state (8)
- Central functions of a multinational business are disproportionately located in highly
developed countries
- Same story in banking

2) Legal Regime
- Firms operating internationally must ensure same standards as in host country e.g
property rights i.e create new legal systems – growth in arbitration
- Bonds and loans
- Americanization – resentment in Europe e.g Credid Suisse
 3) Economic Activities in Electronic Space
- Control crisis in the making – we lack the vocabulary to adequately deal with it
- Goes beyond foreign policy, rather world trade, global environment and global
economic stability
- State power decreasing in electronic space
- Transnational private legal regimes, supranational organizations and human rights codes
all constrain autonomy of national states

- Sovereignty not being eroded but transformed. Not just concentrated in one nation
state but a multiplicity of institutions.

Why does Immigration Occur? A Theoretical Synthesis

Douglas S. Massey – Princeton Professor

4 Periods of International Migration:

1) Mercantile Period (1500-1800) – European emigration, slavery
2) Industrial Period – Europeans left for Australia/America
3) Period of limited migration - Great Depression halted immigration, world wars
4) Postindustrial Migration – Post 1960s, densely settled industrializing countries to
densely settled economically prosperous countries

Theories of International Migration

1) Neoclassical Economics – why CEOs etc. tend to favor immigration.

- Geographic differences in the supply of and demand for labor
- People move because they want to maximize their individual autonomy
- Expect positive return on ‘investment’ of migration therefore learn language etc.
- Difference between skilled and unskilled workers. Workers follows flow of investment
capital
- Macroeconomic theory accompanied by microeconomic theory of individual choice
- “A potential migrant goes to wherever the expected net returns to migration are
greatest”
2) The New Economics of Migration
- Migration decisions not made by isolated individuals but by individuals within groups,
cultures and families IN COUNTRY OF ORIGIN
- Sometimes people don’t just act to get gain, but rather to invest and increase options
- Income is relative and relative income changes.
3) Segmented Labor Market Theory
- Macro theory that argues that immigration does not occur because people make
decisions rather because of the factors that define a developed nation: Structural
Inflation
- People work not just to get income but to achieve social status  migrants are perfect
fit for entry level earners. Ethnic enclaves actually quite unusual. These factors create
 supply of workers who work for low pay, low job stability and little chance for
advancement
4) World Systems Theory
- Pessimistic – emphasis based on factors out of the individual’s control
- “Countries develop economically by progressing through an orderly series of
evolutionary stages culminating in modernization and industrialization” (40)
- Poorer nations forced into dependency by wealthy capitalist countries
- Migration brought about by “expansion of migrants within a global political hierarchy”
(41)
- “The same capitalist economic processes that create migrants in peripheral regions
simultaneously attract them into developed countries”
- Core capitalist nations have an interest in geopolitical order e.g. US bases around the
world
- Periphery – countries entirely dependent on core countries
- Semi-periphery – countries to some extent independent but rely also on other core
countries
- Strong demand at upper and lower ends but relatively weak demand in the middle
5) Social Capital Theory
- Social capital = “the sum of the resources, actual or virtual, that accrue to an individual
or a group by virtue of possessing a durable network of more or less institutionalized
relationships of mutual acquaintance and recognition”
- Migration tough at first but each wave makes it less costly for potential immigrants
- Black market in migration – economic niche for those exploiting low numbers of visas
for migrants
- E.g Ukrainian community in Canada, Turkish community in Germany. Can play a role in
politics transnationally.
6) Cumulative Causation
- Migration is cumulative in the sense that each migration alters the “context within
which subsequent migration decisions are made” (45)
- Once someone has migrated, the chance that they will migrate again increases
successively with each movement
- “Migration hump” in the course of economic development

ALL THEORIES DO NOT REGARD THE ROLE OF THE STATE

- Migration likely to negatively affect developing economies unless policy decisions made
to channel founds into useful means by developing state governments
- 21st century will be one of globalism
Democratic Theory and Border Coercion

Arash Abizadeh – Professor of Political Theory at McGill University

ARGUMENT: The democratic state cannot legitimately control entry when both foreigners and
nationals participate in democracy

- Tension between liberalism and democratic theory when it comes to borders p.38
- Only what follows if one is a committed democrat p. 38
- Liberalism makes humans inherently free and equal but exercise of political power
requires that there is some form of coercion p. 39

3 Conditions of Autonomy:

(1) has the appropriate mental capacities to formulate personal projects and pursue
them, (2) enjoys an adequate range of valuable options, and (3) is independent,
that is, free from subjection to the will of another through coercion or
manipulation.

Popular Sovereignty = the exercise of political power is legitimate only insofar as it is

actually justified by and to the very people over whom it is exercised.

- Liberalism sees people as free and equal as individuals. Popular Sovereignty sees
people as part of the group – the collective right of control without outside
interference.

The Democratic Justification Thesis and the Unbounded Demos Thesis

Two Problems in Democratic Theory:

1) Boundary Problem – A prior decision concerning who is in and who is out would
have to be made – it cannot be decided democratically.
2) Democratic principle of legitimation for borders – borders inherently involve
insiders and outsiders so

The Self-Determination Argument

- “With no border control a people could not be a “community of character” with its
own distinctive way of life” (49)
- But this is sometimes problematic e.g. does the mere fact of open borders between
France and Germany turn the French into Germans?
- Local tyranny vs. global tyranny – local tyranny arguably better as pressure for
change can exist, only works with closed borders
- Boundaries coerce insiders and outsiders too
 In sum: of the five most plausible arguments for the existence of borders, only the
minority-protection argument is compatible with the unilateral right to control and
close one’s borders to foreigners, and this only under very specific empirical
conditions. But the other arguments all require at least porous borders under the joint
control of citizens and foreigners. Once we adequately distinguish between arguments
for the existence of borders and arguments for regimes of border control, the principle
of self-determination is at most seen to favor some domestic control over border
policy and some restrictions on entry—that is, jointly controlled and porous (not
closed) borders. (53)

ARGUMENT: FOREIGNERS SHOULD HAVE A GREATER SAY IN BORDER

CONTROL

Closed Borders

David Miller – Professor of Sociology at University of Bath. Critique of Abizadeh.

- When states close borders it often involves human rights abuses at the very least
- Appeal to sovereignty is “too quick” (58)
- Rights of sovereignty vs. Rights of Jurisdiction within a given territory

3 Conditions for Rightful Jurisdiction:

1) Maintain social order and human rights

2) Represent the inhabitants of the country e.g. democracy, but not only democracy
3) People have the right to occupy the land i.e can’t just participate in ethnic cleansing in
order to ‘represent’ the population

How does adding immigrants affect democratic self-determination?

1) Immigrants ask for policy shifts to accommodate cultural needs. Scope of free choice
is further limited.
2) Interpersonal and trust in political institutions lost
3) Role of total world population

Challenges to State Border Control

1) Liberal democracies are almost always pluralistic societies which have always
brought in immigrants – why should it be different now?
2) Concern not with diversity itself – rather the possibility that the cultures will form
ethnic enclaves
3) Self-Determination is illusionary at the national level anyway
Is exclusion alone really coercive? Coercion and Prevention are actually at opposite ends of a
spectrum. ARGUES THAT PREVENTION OF ENTRY IS IN ITSELF NOT COERCIVE

The Utilitarian Case for Open Borders

Christopher Wellman (anti-borders) and Phillip Cole (pro-borders)

ARGUMENT: “ALLOWING EACH STATE TO LOCK ITS DOORS TO ALL OUTSIDERS RESULTS IN
HORRIBLE CONSEQUENCES”

1) Leads to Gross Inefficiencies – comparison to saying only men can become doctors
2) Inefficient distributions of global wealth – opening borders encourages those in rich
countries to support those in poor countries. They then have a self-interest. Portugal
and the EU.
3) The current system perpetuates political tyranny

Critique of Utilitarian Case for Open Borders

- Those who actually control the power seem so little moved by considerations of global
justice

Refugees

- Case of a baby on a doorstep as an analogy to refugees – more like a constant flood of

babies
- “A particularly tragic collective action problem” – the answer lies in working together in
an international sense. BUT THIS IS PROBLEMATIC (OBVIOUSLY).
- Role of postcolonialism – shouldn’t France take more refugees because of its role in
colonizing Algeria in the first place?
- If two countries e.g. Norway and Denmark cannot take an equal share – how will the
whole world?

Guest Workers

- Only two choices – find ways within social membership to get work done or enlist
outside labor and enlarge membership.
- Guest work often associated with political inequality – dangerous mix.
Rethinking Assistance: Restoring Autonomy

Betts and Collier

“Indefinite dependency on aid has gradually become the default the long-term response to
refugees” (156)

- Refugees are therefore less well placed to integrate into host societies or rebuild home
society

ARGUMENT: “HOW CAN WE MOVE FROM A FOCUS ON VULNERABILITIES TOWARDS

RECOGNIZING AND BUILDING THEIR CAPACITIES?”

- Refugees are a cross-section of those in their home community – thus there are also
many high skilled workers. Some are restricted.

Ugandan Exceptionalism
- Uganda has taken a radically different approach to refugees compared its neighbors Kenya
and Ethiopia

- History of country meant that it was open to integrating refugees.

- “Self-reliance has been criticized for legitimizing the premature withdrawal of food
rations” (161)

The Impact of Autonomy

- Expectation that they would all be farmers – but many opened businesses/become
wholesalers instead.
- Business areas defined along ethnic lines e.g. Congolese hawking jewelry and textiles,
Rwandans often running clothes shops.

Thrive or Survive?

Six variables that determine the effectiveness of self-reliance:

1) Regulation – less regulation is better performance

2) Nationality
3) Education
4) Occupation
5) Gender
6) Networks

Jordan is Not Uganda

- Refugee policies shaped by distinctive policies and history (168) “Context Matters”
 - Jordan traditionally has welcomed many refugees but closed border with Syria in
September 2014
- “We believe that there may be a solution that can simultaneously benefit Jordan, enable
refugees, and enhance security in the region” (170)

An Alternative Approach

- Potential of refugees to work alongside Jordanian nationals in the economic zone

- Jordan is a middle-income country therefore stuck in middle income trap where cannot
compete with low-income countries on manufacturing but also not with high-income
countries on innovation.
- Refugees offer Jordan an opportunity to transition to manufacturing?
- Potential for economic zones, businesses from Syria migrate with potential for return.
Economic Zones adapted to not be exploitative.

Harnessing Globalization for Refuge: How it Works

- German Example. Integrating refugees into Germany is difficult because of the source of
economic growth as well as differences in education/ productivity
- Germany has pioneered modern globalization
- “International business can make a real difference to the life chances of refugees, but
governments can make a decisive difference by catalyzing the process” (179)
- David Cameron Asda refugees example

Rethinking Governance: Institutions That Work

- “The top five refugee emergency operations are less than one third funded” (201)
- Refugee system locked in post-world war situation where refugee problem was intra-
Europe, persecution (202)

1) What are the objectives of refugee governance?

- No clear purpose
- Should be “sustainability at scale” (203)
- Trade between rights and numbers – challenge is to get rights with numbers
2) How should we allocate responsibilities to meet these objectives?
- Burden sharing and comparative advantage
- Spectrum between law and ad hoc agreements
- International treaties are rather like fairies: “if you stop believing in them they die” (209)
- “Reaching global agreement is often a nightmare: the World Trade Organization, which
has a rule of unanimity, has not been able to conclude a single trade agreement in its
entire history of over two decades” (212)
- Look beyond the state e.g LinkedIns attempt to match refugees to jobs
 - Refugees are not just a humanitarian issue – organizations that deal with them cannot
simply just be humanitarian agencies
3) What organizational structures are needed to ensure that these responsibilities are
met?
- UNHCR most effective as a facilitator
- Reform the UNHCR

State Controls: Borders, Refugees and Citizenship

Randall Hansen – Political Scientist and Historian at the University of Toronto

Citizen = one who enjoys the full panoply of rights – civil, social, economic, and political-
accorded by a nation state. (254) They place the loyalty of fellow-individuals above the liberty
of strangers.

- Relationship between nation state, borders, and refugees

Borders and Refugees in Historical Context

- Nation-building exercises accompanied by refugees. “Violence must sit at the core of

any history of Partition” (257)
- Rise in the use of deportation is recent decades
- “Borders are fundamental to the nation state, that borders are basic to the international
system as they trigger the rights available under the UN convention.”
- States defense of borders undermines international refugee system
- “liberal democracy, the values of which underpin the refugee system, generates through
the normal operation of liberal democratic politics pressures that threaten that very
system” (262)

The Rise and Fall of Asylum: What Happened and Why?

Timothy J. Hatton – Professor of Economics at University of Essex

- There was a rising tide of asylum seekers which has now reversed
1. Trends in Asylum Seeking
- “Only a small proportion of those who are displaced become asylum seekers in Western
countries in Figure 1 are on average less than 5% of refugee stock” (186)
- “Outcomes for refugees are particularly sensitive to aggregate labour market conditions,
particularly in the few years after arrival” (190)
2. Politics, Oppression and Violence in Source Countries
- Index of political terror was highly significant, autocracy exacerbated effects. Genocides,
famines and natural disasters mainly generate internal and cross-border displacements
rather than longer-distance flights (191)
- Eastern Europe significant due to proximity to EU
 3. Asylum Policies in the Developed World
- 1951 Convention Relating to the Status of Refugees and its 1967 Protocol
- Countries can restrict access to asylum procedures by creating stronger security checks
etc.
- Definition of a refugee is subject to differences of interpretation – what is a “well-
founded fear of persecution” (196)
- 1990 Dublin Convention – measure decided upon to have asylum seekers apply to just
one country at point of entry
- Countries in Eastern Europe which were a source of asylum seekers became home to
them in the 1990s e.g Czech Republic, Hungary and Poland
- 9/11 heightened concerns about terrorism e.g US PATRIOT ACT

Assessing the Destination Determinants of Asylum Applications

- Some policies do act as strong deterrents

- Effects of policy on total applicants –

- There is consistent evidence that the flow of asylum seekers to the West is
determined by oppression and terror and also by poor economic conditions. These
effects dominate those representing the underlying political structures. But they
cannot explain the sharp increase in worldwide applications that occurred in the
1980s.
- There is evidence that asylum policies have become tougher and that this has
reduced the volume of asylum applications. This effect appears to be stronger than
some previous studies have suggested, and it accounts for all of the fall in
applications since 1997. But policy explains only about a third of the steep decline
between 2001 and 2006 – a distinctly smaller effect than some politicians have
claimed.
- The policies that deter applications are those that limit access to territory and those
that reduce the proportion of claims that are successful. There seems to be no
separate effect on applications from Muslim countries post- 2001. Policies that
diminish the socioeconomic conditions of asylum seekers evidently have little
deterrent effect and they may even contribute to the subsequent deprivation that
many asylum seekers experience. This suggests that the need to find a balance
between punitive policies on living conditions and more positive refugee
integration measures is less of a dilemma than is sometimes believed.
National Models of Immigrant Integration – The Costs for Comparative Research

Christophe Bertossi & Jan Willem Duyvendak

- National models of integration a burden to the integration of immigrants

- “Different normative value systems were the basis for these cross-national differences”
(237)
- Comparison of France and the Netherlands
- France = “strict separation between public and private realms”
- “National integration philosophies and policies are actually discussed everywhere” (241)

The Problems of the Multicultural Backlash in Europe

- A question of loyalty and incorporation and the relevance of a category – loyalty is often
presumed
- Within this perspective, ‘Muslim immigrants’ are not suspected of illiberalism but
viewed as (unconscious!) victims of multicultural policies, because
multiculturalism not only offers ‘cultural rights’, but also provides ‘generous
welfare provisions’. (243)
- ‘Yes, it is a failure. The truth is that in all our democracies we have taken care,
more than we should have, of the identity of the arriving person and not enough of
the identity of the receiving country’ (Libe ́ration, 2011, our translation).
(Sarkozy) (244)
1) National models are constantly contradicted by social, political and institutional
practices
2) Models suggest stability and should allow varying public reasoning across time
3) Models are a temporary outcome of public discussions
4) Models are strategically ambiguous such that they can be easily manipulated by
different actors who seek different outcomes
5) Model constructing process involves a variety of argumentative structures and
justificatory frameworks
6) Models are a performative practice
Challenges to the Secular State (II) – Islam in Europe

Christian Joppke

- Christian right in America compared to Islam in Europe. Islam is however external to

Europe, while Christian right has grown out of majority society
- Islam a political as well as religious entity (129)
- “Islam’s more comprehensive learnings, combining both faith and morals made it
secularization resistant” (130)
- Christianity was religious then went political, Islam was political then tries to separate
- Jesus lived in a society of dual civic and religious identity (131)
- “Islam was never simply the Other, the Orient, but an element of Europeans, not only part
of our past, but of our present too” (132)
- “Islam does not bring a new culture or new values, but is the mirror through which
Europe is looking at its own identity” (133)
- Secularism regarded as haram in Islam therefore “an invasive theocratic monolith” that
cannot be integrated (133)
- “Much of the tension between the two arises precisely out of the historical and moral
ground they share, in a constellation that Freud aptly called the narcissm of minor
differences” (134)
- The idea of a holy war – Christianity was metaphorical then literal then metaphorical,
Islam remained both
- “Islam and the West still stand sharply apart as separate civilizations, so near and so
different at the same guiding principles” (136)
- In Islam God has rights while people have duties (138)
- Islam says a lot about non-muslims living in a muslim society, but not the other way
round – doctrinally not prepared for it
5 Points for Muslims in the West:
1) Duty to keep ones Muslim identity
2) Bring up ones children Islamically
3) Unite together as one man
4) Be sincere callers to your religion
5) Champion the rights of the Muslim Ummah
- “Apart and united”
- Muslim people actually have far more rights in the west – something to be celebrated
(145)
- Missionary work – there is often an express desire to make non-muslim societies muslim
- An Islamic state would be wrong because the medium of state influence is coercion but
the medium of religion is morality (150)

Role of Women

- Rights are not equal rights

- Questionable justifications for lack of womens rights (151)
 - “Cult of motherhood” – also in American Evangelicals. Notion of veiled submission.
- Islam was the only religion to develop a systematic code for dealing with non-believers
- Islam designe as a majority religion

Rights

- 1990 Cairo Declaration on Human Rights in Islam. Submission to God takes center stage.
- Islamic world has an extremely poor human rights record
- Most western countries say there is a conflict between the two
- British muslims much more conservative as a general rule
- Similar again to evangelicals in the west

Conclusion

- Article looks at incompatibles but also integrative potential

- “social pragmatism” the way Islam becomes part of Europe and the West, therefore they
will remain apart
- Integration on Islamic or European terms?
- More difficult in America than in Europe
- Historical/political or theological?

Immigrant Religion – Richard Alba, Nancy Foner

- A combination of factors – similarity between natives and immigrants, Muslim

immigrants socioeconomic status, the religiosity of the native majority, and historically
rooted institutional structures. Easier in America.
- Serious challenges for integration in Western Europe than in North America

British Muslims and the Politics of Multiculturalism – Tariq Modood

- “The concern of this chapter, as of the book as a whole, is on the domestic politics of
civic multiculturalism” (37)
- “The logic of Muslim claims-making is European and contemporary” (37)
- “Britain is home to the greatest number of Muslims in an EU country” (38)
- Prevent the emergence of a specifically Muslim socio-political formation
- Equality does not fit with for example a Tory British conception of nationalism
- Muslims have been vulnerable as Sikhs/jews could gain power based on racial
discrimination, while Muslims are not necessarily a racial group
- Role of the media in giving massive voice to Muslim extremists rather than those
representing the people (50)
- Muslims are not a ‘them’ but a plural ‘us’
Trump, Brexit, and the Rise of Populism: Economic Have-Nots and Cultural Backlash

Ronald F. Ingelhart, Pippa Norris

Two theories to explain the rise of populism:

1) Economic Insecurity Perspective – changes to workforce and society in post-industrial

economies. Lower classes of society unemployed due to technology/outsourcing etc.
therefore vulnerable to exploitation by populist parties
2) Cultural backlash thesis – explanation as a retro reaction by once predominant sectors of
the population to progressive value change. Postwar decades brought support for left-
wing parties, now experiencing a revolutionary right-wing backlash as older generation
rejects the rising tide of progressive values.
- Populist share of vote has increased, share of seats has tripled. Even without vote they
can exert pressure on mainstream parties.

Populism = loose set of ideas that share three core features: anti-establishment,
authoritarianism and nativism

1) Philosophy that emphasizes faith in the wisdom and virtue of ordinary people (the silent
majority) over the ‘corrupt’ establishment.
2) Charismatic leadership thought to reflect the will of the people
3) Xenophobic nationalism – assumes that people are a uniform whole
- Populism and cosmopolitanism at opposite ends of a spectrum
- Populism does not always mean right wing. E.g Latin America.

“Extremist movements have much in common. They appeal to the disgruntled and psychologically
homeless, to the personal failures, the socially isolated, the economically insecure, the uneducated,
31
unsophisticated, and the authoritarian persons.” (10)

- Yet these were individual not macro-level effects: for example, they did not find stronger voting
43
for these parties in nations with higher unemployment rates.
- What evidence would support this thesis? Value change is strongly predicted by birth cohort,
education and sex. If the cultural backlash thesis is true, then this argument predicts that the
strongest support for populist parties will be observed among the older generation, men, those
lacking college education, and among traditionalists most opposed to progressive cultural values,
such as in their attitudes towards sexuality, religion, multiculturalism, cosmopolitanism, and
tolerance of foreigners. Goring economic insecurity and rising levels of social inequality may also
reinforce cultural shifts, suggesting an interaction effect where traditional values will be found to
be strongest among poorer and older sectors of the electorate.
 -
- Immigration reinforces the notion that values are changing on top of the already prominent
cultural shift.

Populism Notes

New Mexico – Albuquerque as immigration friendly city. City goals vs. federal laws

- Italy case studies. Padova example local vs. National. Attitudes do not get more conservative as
government gets more distant?
- Bethdin Jewish tribunal
- Pewglobal survey. Controversy over cartoons of Muhammad: Whats to blame survey.
- Civil war within the left over French national norms

Laicite

- Deep distrust between French republican and Catholic institutions

- French Enlightenment thinkers regarded as oppressive
- French Revolution
- Napoleon annexed the papal states, for five years Pius VII was a prisoner
- French state and government do not take a position on any religious beliefs/religion
- No religious expression in public sphere
- “religion is okay, as long as it remains private”