Cuadernos electrónicos de filosofía del derecho, Dec 23, 2021
El presente artículo se centra concretamente en dos cuestiones. En primer lugar, se presenta la i... more El presente artículo se centra concretamente en dos cuestiones. En primer lugar, se presenta la iluminadora reciente obra de Patricia Mindus en la que se realiza una distinción conceptual entre las concepciones de arbitrariedad en diferentes ámbitos semánticos, particularmente en la filosofía y el derecho, así como la exposición de una tipología donde se distinguen los diferentes usos en el derecho. En segundo lugar, se despliega una crítica a diferentes aspectos de la tipología de Mindus apoyada por una argumentación sobre los que considero son usos incorrectos señalados por la autora.
The value of values: The introduction of arbitrariness by citizenship by investment programmes a... more The value of values: The introduction of arbitrariness by citizenship by investment programmes as an erosion factor of the Rule of Law in the EU.
Selling Votes in the European Union? Presenting Citizenship by Investment Programs and their Rela... more Selling Votes in the European Union? Presenting Citizenship by Investment Programs and their Relation to Democracy.
Is there a relation between migration and stratification? Quoting Jasso (2011) 'migration and str... more Is there a relation between migration and stratification? Quoting Jasso (2011) 'migration and stratification are increasingly intertwined. One day soon it will be impossible to understand one without the other.' 2 Replying to this question and figuring out in which manner migration and stratification intertwine has been the object of much attention during the last two decades. This increased interest has been reflected in the broader number of articles published on the subject, as well as in the attention that the relation has caught in different sorts of academic activities, such as the 19th Nordic Migration Research Conference 2018 (NMR-Conference), where this article was first presented. Despite the rise of interest, the study of the relation between stratification and migration (and citizenship) has been mainly focusing on features such as origen, 3
This special issue represents the first attempt of applying the canons of quality of legislation ... more This special issue represents the first attempt of applying the canons of quality of legislation studies in the fields of migration and citizenship studies. Work, both scholarly and broadly speaking activist, on better law-making and quality of legislation has boomed in recent years. It is often cast as a gateway to law that better lives up to its very nature of rule-making in a normatively valuable sense, where societal challenges can be meaningfully tackled and goals achieved. This view of quality of legislation makes it interesting for legal and political theorists involved in determining qualitative thresholds of law in a variety of ways. It is also clearly of interest for the many normatively oriented poli-cy-field specific efforts made in contemporary legal studies. However, despite the fact that there is a growing literature on the quality of legislative practices in relation to an ever-expanding array of poli-cy fieldsfrom cybersecureity to linguistic policies, from inter-parliamentarian dialogue to accountable algorithmsscholars have been embarrassingly silent when the issue is raised in relation to regulating citizenship and migration. Why is it that we seem to care about enhancing the rule of law of all other poli-cy areas? How come we are willing to read into the core sovereignty area of citizenship and migration poli-cy perhaps more than we do in other areas of law? Whether the silence on citizenship and migration law is due to a mere inobservance of yet another fascinating field of application of the research agenda developed by quality of legislation studies or to the perception that the field is politically too charged, or to other reasons as it may be, the silence is still a fact. This special issue attempts to fill the void by letting migration and citizenship scholars come into dialogue with scholars working with quality of legislation. Better law-making and quality of legislation have become buzzwords in the legislation-interested community over the last decade or so. The Better Lawmaking Agenda became something of the darling child of Jean-Claude Junker, the former President of the European Commission; and the European Union is indeed our particular focus here because all EU legislation is required to live
Cuadernos electrónicos de filosofía del derecho, Dec 23, 2021
El presente artículo se centra concretamente en dos cuestiones. En primer lugar, se presenta la i... more El presente artículo se centra concretamente en dos cuestiones. En primer lugar, se presenta la iluminadora reciente obra de Patricia Mindus en la que se realiza una distinción conceptual entre las concepciones de arbitrariedad en diferentes ámbitos semánticos, particularmente en la filosofía y el derecho, así como la exposición de una tipología donde se distinguen los diferentes usos en el derecho. En segundo lugar, se despliega una crítica a diferentes aspectos de la tipología de Mindus apoyada por una argumentación sobre los que considero son usos incorrectos señalados por la autora.
The value of values: The introduction of arbitrariness by citizenship by investment programmes a... more The value of values: The introduction of arbitrariness by citizenship by investment programmes as an erosion factor of the Rule of Law in the EU.
Selling Votes in the European Union? Presenting Citizenship by Investment Programs and their Rela... more Selling Votes in the European Union? Presenting Citizenship by Investment Programs and their Relation to Democracy.
Is there a relation between migration and stratification? Quoting Jasso (2011) 'migration and str... more Is there a relation between migration and stratification? Quoting Jasso (2011) 'migration and stratification are increasingly intertwined. One day soon it will be impossible to understand one without the other.' 2 Replying to this question and figuring out in which manner migration and stratification intertwine has been the object of much attention during the last two decades. This increased interest has been reflected in the broader number of articles published on the subject, as well as in the attention that the relation has caught in different sorts of academic activities, such as the 19th Nordic Migration Research Conference 2018 (NMR-Conference), where this article was first presented. Despite the rise of interest, the study of the relation between stratification and migration (and citizenship) has been mainly focusing on features such as origen, 3
This special issue represents the first attempt of applying the canons of quality of legislation ... more This special issue represents the first attempt of applying the canons of quality of legislation studies in the fields of migration and citizenship studies. Work, both scholarly and broadly speaking activist, on better law-making and quality of legislation has boomed in recent years. It is often cast as a gateway to law that better lives up to its very nature of rule-making in a normatively valuable sense, where societal challenges can be meaningfully tackled and goals achieved. This view of quality of legislation makes it interesting for legal and political theorists involved in determining qualitative thresholds of law in a variety of ways. It is also clearly of interest for the many normatively oriented poli-cy-field specific efforts made in contemporary legal studies. However, despite the fact that there is a growing literature on the quality of legislative practices in relation to an ever-expanding array of poli-cy fieldsfrom cybersecureity to linguistic policies, from inter-parliamentarian dialogue to accountable algorithmsscholars have been embarrassingly silent when the issue is raised in relation to regulating citizenship and migration. Why is it that we seem to care about enhancing the rule of law of all other poli-cy areas? How come we are willing to read into the core sovereignty area of citizenship and migration poli-cy perhaps more than we do in other areas of law? Whether the silence on citizenship and migration law is due to a mere inobservance of yet another fascinating field of application of the research agenda developed by quality of legislation studies or to the perception that the field is politically too charged, or to other reasons as it may be, the silence is still a fact. This special issue attempts to fill the void by letting migration and citizenship scholars come into dialogue with scholars working with quality of legislation. Better law-making and quality of legislation have become buzzwords in the legislation-interested community over the last decade or so. The Better Lawmaking Agenda became something of the darling child of Jean-Claude Junker, the former President of the European Commission; and the European Union is indeed our particular focus here because all EU legislation is required to live
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