The aim of this thesis is to contribute to the discussion about the grounds for the right to citizenship and to whom this applies. The focus here is on the postcolonial migrant, for this is the...Show moreThe aim of this thesis is to contribute to the discussion about the grounds for the right to citizenship and to whom this applies. The focus here is on the postcolonial migrant, for this is the logical first step in acknowledging differences and inequalities within societies. Through analyzing the relationship between the postcolonial migrant and the former ruling nation I claim that the postcolonial migrant has a legitimate moral claim to citizenship in the former colonizing nation, the ‘motherland’. The legitimacy of this claim stems from grievances, an intertwined relationship and gratitude. Which together form the base of a new ground for the right to citizenship, which I propose to call jus paribus. This right to citizenship is a dormant right which should be given to first- and second-generation postcolonial migrants. By granting these generations a path to citizenship former colonizing nations can begin repaying their historical wrongs.Show less
The question of whether animals should gain rights is not uncommon in contemporary society. The strategy that most scholars use to argue for animal rights is to find a specific characteristic that...Show moreThe question of whether animals should gain rights is not uncommon in contemporary society. The strategy that most scholars use to argue for animal rights is to find a specific characteristic that animals and humans both have and which serves as a basis for attributing rights. This paper, using Martha Nussbaum’s capabilities theory, takes a somewhat different road. One of the biggest concerns Nussbaum has with contractarian theories is that they are persistent in conflating the question of “Who frames the Principles of Justice?” with “Whom are the Principles of Justice framed for?”. Instead of ignoring the rights of certain groups by only focusing on species membership, Nussbaum concentrates on the capabilities every being possesses and the importance of enforcing these capabilities. Her theory has further potential than she imagined; we could use Martha Nussbaum’s capabilities approach to prove that not one, but all capabilities that a being has are important when we design a justice system. Capabilities indicate what a being needs to lead a fulfilled and dignified life. As well as enforcing them, we could also use them as a foundation on which the attribution of rights is decided.Show less
