In these times of walls and razor-wires, open borders appear to be more utopian than always. Nonetheless, philosophers like Joseph Carens and, similarly but earlier, Timothy King and James L. Hudson, famously argued that the major philosophical perspectives in the Western world—libertarian, egalitarian, and utilitarian—would support a right to freedom of international movement of people. What would be the relative default position from the standpoint of natural law theory? In this article, I present a general introduction on natural law theory (...) and its role in and outside philosophy, before presenting claims specific to the migration debate. I then recall the defence of a right to free movement by two authors sympathetic to the natural-law tradition, Ann and Michael Dummett: a defence which is grounded in principles of fairness and reciprocity and develops elements belonging to international law. I also outline John Finnis’s more critical and nuanced position. Finnis is eager to legitimize state authority and the “special relations” binding fellow countrymen: however, I claim that the classic Thomist perspective in which he situates these claims ensure his respect of a right to international movement which could be characterized as a version of “open borders,” with some definitional restrictions and qualifications of this latter phrase. Finally, I deal with the theory of Alasdair MacIntyre. Trying to infer MacIntyre’s attitude toward migration from the classic but short article on patriotism, might turn out to be no less dif ficult than potentially misleading, especially if that article is not read in its details. Complementary elements are offered in MacIntyre’s account of natural law “as subversive.” On these grounds, I claim that, contrary to simplistic misreading of MacIntyre’s alleged “communitarianism,” MacIntyrean Aristotelian Thomism would endorse a theory of migration more compatible with reasonably conceived open borders. I conclude my chapter with a presentation of Aquinas’s concise intervention on the subject, and I show that it further supports my reading of the natural law tradition. (shrink)

This essay examines two dominant traditions in legal philosophy, the natural law theory and legal positivism, in terms of how they account for the normativity of law. I argue that, although these two traditions generally take the question of the normativity of law seriously and try to account for it, they are not successful in doing so. This failure in the prevailing literature on the philosophy of law, I suggest, nevertheless has an implicit reconstructive impact: the insights into the failure (...) of natural law theory and legal positivism imply an alternative philosophical framework that may provide a positive answer to the question of the normativity of law. (shrink)

Hume’s Law that one cannot derive an “ought” from an “is” has often been deemed to bear a significance that extends far beyond logic. Repeatedly, it has been invoked as posing a serious threat to views about normativity: naturalism in metaethics and positivism in jurisprudence. Yet in recent years, a puzzling asymmetry has emerged: while the view that Hume’s Law threatens naturalism has largely been abandoned (due mostly to Pigden’s work, see e.g. Pigden 1989), the thought that Hume’s Law is (...) a serious challenge to positivism has only grown in prominence. Our main aim is to establish that Hume’s Law is not a threat to positivism or naturalism. First, we connect extensive, but unfortunately siloed, discussions of this issue. Second, we show that Hume’s Law is not a serious threat to naturalism or positivism, for the gap between logic and such theses is very hard to bridge in a way that would make Hume’s Law able to bear this significance. Finally, we emphasize an implication of our discussion: it undermines one of the main “dialectical tributaries” in jurisprudence (Toh 2018). (shrink)

In Plato’s Gorgias 482c4–484c3, Callicles advances a concept of natural justice: the laws of the polis must agree with nature, that is, human nature. Since human nature is characterised by its desire to get a greater share, nature itself makes it legitimate that stronger human beings get a greater share than weaker ones. Socrates objects: Callicles’ theoretical approach to civic life poses a threat to the polis’ community, its citizens, and to the friendship amongst its citizens. However, Socrates accepts Callicles’ (...) premise, that the laws of the polis must agree with nature. Still, he disagrees with Callicles about the nature of human nature and proposes an alternative theory of human nature, eventually leading to his alternative concept of natural justice. The article explains the arguments underpinning these two concepts of natural justice, including the conflicting understandings of human nature. (shrink)

Uncertainty is an intriguing aspect of social life. Uncertainty is epistemic, future-oriented, and implies that we can neither predict nor foresee what will happen when acting. In cases in which no institutionalized certainty about future states exists, or can be generated, judgment is needed. This article presents the forms by which uncertainty is reduced as a result of judgments made about different alternatives in a process involving several actors. This type of uncertainty may exist, for example, about which artist is (...) the best, which offer in the market is more valuable, which football team is better than all the rest, or which research proposal will get a grant. The result of different forms of uncertainty reduction is increased certainty concerning alternatives in relation to one another, such as good and bad, rank lists, scores, quality assessment, and “winner and losers.” Based on the result, uncertainty is reduced and action is facilitated. The forms are structural and comprise roles; may be legitimate in a smaller or larger domain; and may exist in all spheres of life, as exemplified in sports competitions, in labor markets, and in the ranking of universities. Three forms of uncertainty reduction based on judgment are identified in this article: (1) decision, made by an authority; (2) valuation, by means of which order arises as a result of actors ascribing values; and (3) contest, by which an order is the result of direct struggle. (shrink)

This article argues that James Seth provides illuminating contributions to our understanding of law and, more specifically, the natural law tradition. Seth defends a unique perspective through his emphasis on personalism that helps identify a distinctive and compelling account of natural law and legal moralism. The next section surveys standard positions in the natural law tradition. This is followed with an examination of Seth's approach and the article concludes with analysis of its wider importance for scholars of Seth's work as (...) well as legal philosophers more generally. (shrink)