Populism, backlash morality and immigrants

Abstract The social and political contexts in many countries are affected by dangerous trends and forces of populism. Populist hostility is most observable in connection with issues of immigration, where it functions as a pretext for scrapping legal protections in increasingly hostile immigration laws. What is particularly insidious about these developments is the claim, articulated by some theorists, that the popular resentment and backlash against immigrants and refugees are justified. That populists are hostile towards immigrants and human rights laws, the claim seems to go, is the fault of the legal norms and institutions that allow in the immigrants and protect them. This article challenges those approaches and argues that legal constraints on popular biases towards immigrants are necessary and need to be defended against popular moralism. It is also argued that although community values are important, they should not be considered as trumps against the rights of immigrants and refugees.

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Institutions

Publication Details

Journal
International Journal of Law in Context
Published
2024-12-04
DOI
https://doi.org/10.1017/s1744552324000387
Citations
1
Primary Topic
Migration, Refugees, and Integration
Type
article
Field-Weighted Citation Impact
1.13
Controls
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article

Populism, backlash morality and immigrants

Mohammad Kaffash Nayyeri
1 citations
International Journal of Law in Context
Migration, Refugees, and Integration
1.13
article

Populism, backlash morality and immigrants

Mohammad Kaffash Nayyeri
article en
1 citations

Abstract

Abstract The social and political contexts in many countries are affected by dangerous trends and forces of populism. Populist hostility is most observable in connection with issues of immigration, where it functions as a pretext for scrapping legal protections in increasingly hostile immigration laws. What is particularly insidious about these developments is the claim, articulated by some theorists, that the popular resentment and backlash against immigrants and refugees are justified. That populists are hostile towards immigrants and human rights laws, the claim seems to go, is the fault of the legal norms and institutions that allow in the immigrants and protect them. This article challenges those approaches and argues that legal constraints on popular biases towards immigrants are necessary and need to be defended against popular moralism. It is also argued that although community values are important, they should not be considered as trumps against the rights of immigrants and refugees.

International Journal of Law in ContextVol. 21(1)
University of London (GB), Brunel University of London (GB)
Peace, Justice and strong institutions
Openalex Percentile: Top 15%
Migration, Refugees, and Integration
1.13
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