Articles accepted for publication in Etikk i praksis - Nordic Journal of Applied Ethics are published on EiP Early view ahead of publication in an issue. EiP Early view articles are copy edited, typeset and approved by authors and editors before being published as PDF and searchable HTML files. Articles on EiP Early view can be cited using the article’s Digital Object Identifier (DOI) which will always resolve to the latest version.
Published by NTNU Programme for Applied Ethics via the Norwegian University of Science and Technology Library (CrossRef member)
SHERPA classified RoMEO green journal
Languages: Norwegian, Swedish, Danish and English
ISI/JCR short title: Etikk Praksis
Nr 2 2019
Special Issue on Ethics of Sustainable Governance
Most cited articles
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Call for submissions
Nr 2/2020 Special Issue
Deadline for submission: May 5, 2020
The Justice of Others: Arbitrary Law-making in Contemporary Migration Policy
Does regulation of migration constitute a blunt case of arbitrary law-making? This is the pressing issue that this special issue seeks to engage with by exploring international migration from the point of view of arbitrary power. When does legitimate state discretion slides into an exercise of arbitrary power? Deciding who may enjoy the right to abode, to stay, to asylum, to citizenship is a key power of the state: A regal prerogative, an act of sovereignty, limited only by deliberately accepted commitments, such as the respect for human rights. This makes migration policy an exceptionally interesting ground to test the limits of discretion and the forms of arbitrariness. Power can be understood to be of a discretional nature if it acts freely within the boundaries defined by law, whereas arbitrary qualifies discretional power exceeding the limits of law. Further enquiry is needed if we want to know how this hitherto peripheral and surrogated dimension of legal decision-making stretches the leeway of legal officials to the very margin of legality, disclosing the social tension and the power struggle between their agency and the structures that condition and enable it. As arbitrariness becomes a pressing concern for lawyers, practicians and scholars attempting to grasp the discretionary powers of judicial and administrative authorities, its legal construction, social impact and political consequences must be explored in order to appreciate how central it has become. But arbitrary law-making is yet to garner the attention it deserves. It is not only under-theorized, but also lacks adequate empirical analysis. As of today, there is little or no conversation about arbitrary law-making across disciplines involved with migration, a policy area marked by the recurrent use of discretionary practices in law and practices often conceived to be arbitrary. The special issue aims to bring together practical philosophy, legal theory and social theory in conversation with migration law about the topic of arbitrary law-making in contemporary migration policy.