Certain states in the Global North have responded to refugees seeking safety on their territories through harmful practices of border violence, detention, encampment and containment that serve to prevent and deter refugee arrivals. These practices are ostensibly justified through an appeal to a right to control borders. This paper therefore assesses whether these harmful practices can indeed be morally justified by a state’s right to control borders. It analyses whether Christopher Heath Wellman’s account of a state’s right to freedom of (...) association, which represents the most restrictive account of a state’s right to control borders available in the literature, can extend to justify current harmful practices against refugees. If not, then no available justification will be able to do so, and thus contemporary harmful practices used against refugees cannot be justified by a state’s right to control borders. (shrink)

Bioethics has increasingly become a standard part of medical school education and the training of healthcare professionals more generally. This is a promising development, as it has the potential to help future practitioners become more attentive to moral concerns and, perhaps, better moral reasoners. At the same time, there is growing recognition within bioethics that nonideal theory can play an important role in formulating normative recommendations. In this chapter we discuss what this shift toward nonideal theory means for ethical curricula (...) within healthcare education. In particular, we contend that more attention to the particularities of historical and social context needs to be incorporated into bioethics training. To make this argument, we focus on two examples: teaching units on race and medicine and those that focus on stigma and coercion in mental health. For both, we show how a pedagogical approach in which educators focus on social injustice could influence how practitioners engage in ethics in the clinic. This chapter, then, demonstrates what a commitment to nonideal theory can mean practically when it comes to bioethics education. (shrink)

Why should we have a system of different states that each claim both internal and external sovereignty? How can the state gain its legitimate authority to rule? What is the problem with the ideal of the ‘global citizen’? How should states respond to different groups’ secession claims? To what extent should states have the right to control their borders? If one finds such questions intriguing, one should read Anna Stilz’s book Territorial Sovereignty: A Philosophical Exploration. Stilz argues that a system (...) of territorial states serves to protect important values – occupancy, basic justice and collective self-determination – which are key to living an autonomous life. I focus on the theory’s implication for the debates on border control. I contend that Stilz’s arguments still have difficulties grounding the state’s right to exclude would-be immigrants. That said, the book has done a great job in providing a liberal theoretical framework for us to reflect upon citizenship, immigration, succession claims, cosmopolitan ideals, the colonial legacy and disputes over borders and resources. (shrink)

The open borders view is frequently dismissed for making infeasible demands. This is a potent strategy. Unlike normative arguments regarding open borders, which tend to be relatively intractable, the charge of infeasibility is supposed to operate as what we call a "normative argument-stopper." Nonetheless, we argue that the strategy fails. Bringing about open borders is perfectly feasible on the most plausible account of feasibility. We consider and reject what we take to be the only three credible ways to save the (...) charge of infeasibility: by proposing an alternative account of feasibility; by proposing an alternative, more circumscribed interpretation of the subject-matter of feasibility claims; and by proposing a more expansive account of the addressees of the demand for open borders. The first fails to vindicate the claim that infeasibility is a normative argument-stopper. The second does not provide an argument against open borders at all. The third underestimates the power of at least some non-state actors. We conclude by drawing some lessons for the open borders view and the use of feasibility in politics more generally. (shrink)

1. Birth within a particular state is a major determinant of a person’s life course: their life expectancy, health possibilities, income, level of education, employment opportunities, and the safet...

The ethics of immigration is currently marked by a division between realists and idealists. The idealists generally focus on formulating morally ideal immigration policies. The realists, however, tend to dismiss these ideals as far-fetched and infeasible. In contrast to the idealists, the realists seek to resolve pressing practical issues relating to immigration, principally by advancing what they consider to be actionable policy recommendations. In this article, I take issue with this conception of realism. I begin by surveying the way in (...) which it exemplifies what certain political theorists have recently called ‘problem-solving’ realism – a species of realism which they reject as incoherent. These theorists demonstrate that what counts as a ‘feasible’ solution is far harder to establish than most problem-solving realists would have us believe. Applying this general critique to the specific domain of immigration ethics turns out to radically undermine the notion of realism that prevails in this sphere of applied ethics. I conclude that we should therefore revise our conception of what constitutes a genuinely realist approach to the problem of immigration. (shrink)

Do territorial rights include the right to exclude? This claim is often assumed to be true in territorial rights theory. And if this claim is justified, a state may have a prima facie right to unil...

Self-determination is a central concept for political philosophers. For example, many have appealed to this concept to defend a right of states to restrict immigration. Because it is deeply embedded in our political structures, the principle possesses a kind of default authority and does not usually call for an elaborate defense. In this paper, I will argue that genealogical studies by Adom Getachew, Radhika Mongia, Nandita Sharma, and others help to challenge this default authority. Their counter-histories show that the principle (...) was used to justify, strengthen, and adapt imperial rule in the twentieth century. In particular, the idea that controlling a population's composition through regulating immigration is an essential aspect of self-determination emerged as a response to White anxieties about the migration of negatively racialized groups. Genealogies have not been adequately appreciated as a critical tool within the mainstream of political philosophy. I show that these genealogies have a critical role to play because they unsettle our uncritical attachment to the structures of the nation-state system and raise serious questions about the meaning and emancipatory force of the principle of self-determination. (shrink)

In this article, we introduce the project developed in this special issue: a search for principles of ‘real-world’ justice in international migration that can offer practical guidance on real political problems of migration governance. We begin by highlighting two sources of divergence between the principal topics of theoretical controversy within literatures on migration justice and the animating sources of political controversy within real national and international publics. These arise first in the framing of the problems on which normative theory is (...) purported to offer guidance, and second in the character of the normative reasons that are invoked as grounds for settling the controversies. In response to these divergences, we propose that the development of action-guiding normative theories of international migration can be supported with resources from broadly ‘realist’ approaches to political theory. We outline three key dimensions in which the ‘real-world’ theoretical approaches developed in this collection of papers connect up with important themes in the wider theoretical literature on political ‘realism’: first, a problem-centred methodological strategy; second, a focus on the value of political legitimacy; and third, a commitment to reconciling systematic engagement with real political problems and circumstances with a critical normative orientation towards political problems. (shrink)

The immigration debate in political theory has produced a series of accounts that justify the state’s right to exclude potential immigrants, where the right of self-determination figures prominently. We challenge two prominent accounts of the self-determination-based right to exclude and defend a circumscribed right to exclude and a corollary duty to admit immigrants, based on our ‘people relationship goods’ account of self-determination. Our conception reconciles the moral claims of global opportunity migrants with the well-being and non-alienation interests of the locals. (...) It therefore provides a principled answer to the philosophical question underlying pressing political conflicts today, namely what is the permissible scope of exclusion by self-determining political communities, in light of weighty global moral demands of inclusion. (shrink)

What legal rights and duties immigrants should have is among the most ferociously debated topics in the politics of liberal societies today. However, as this article will show, there is remarkably little disagreement of great magnitude among political theorists and philosophers of immigration on the rights and duties of resident immigrants (even in contrast to the closely related philosophical discussion of justice in immigrant admissions). Specifically, this article will survey philosophical positions both on what legal rights immigrants (documented permanent residents, (...) guestworkers, and undocumented immigrants) ought to have (including to citizenship and against deportation), and on what liberal societies may justly do to require immigrants to integrate. This article will reveal that there is a substantial, growing gap between contemporary politics worldwide and what the moral norms of liberalism seem to entail concerning the rights and duties of immigrants. (shrink)

States heavily restrict immigration, and many people violate these restrictions. For example, unauthorized immigrants cross borders without official permission, and other actors, such as people smugglers, assist them in doing so. How should we evaluate resistance to immigration law from a moral perspective? In this article, I survey recent work on the ethics of resisting immigration law. In particular, I examine three categories of resistance to immigration law as the following: unauthorized immigration, people smuggling, and citizens' resistance to laws that (...) prohibit them from assisting or interacting with unauthorized immigrants. (shrink)

The world is undeniably full of injustice. Many feel that much political philosophy is practically impotent and engaged instead in overly abstract theorising insufficiently sensitive to the realities of the world. One response to this concern is David Miller’s influential model of evidence-based political philosophy, which claims to be sensitive to empirical evidence from the social sciences, takes seriously people’s opinions, and defends the role of facts in grounding normative principles. Using various examples from the field of global justice, one (...) of Miller’s key areas of work, I show that Miller’s method is unconvincing on two levels. His theoretical argument for fact-dependence is flawed, and his practical argument for an opinion-sensitive political theory is either guilty of status quo bias or, in an attempt to escape it, becomes self-defeating. While the paper is primarily critical, I endeavour also to draw out the implications of my critiques for the role of the ‘real world’ in theorising. (shrink)

This paper brings together the discussions on international resource trade and immigration. Following Wenar’s analysis of the resource curse, the aim is to challenge the conventional view on immigration that asserts the right of states to have discretionary control over these policies. The paper shows that more liberal immigration is required as an additional remedial policy to persons harmed in unjust trade. The right to self-determination and territorial rights, which are used as the basis for the exclusion of immigrants, are (...) in the context of this analysis constrained by both attentiveness to harm and the charge of inconsistency. Both rights, which are protected domestically, are violated by the unjust ‘might makes right’ trade rule in the international context, causing harm to people in resource exporting countries. This inconsistency presents a challenge to the moral plausibility of the conventional view in the context of the resource trade. (shrink)

In the last decade, Venezuelans have faced a range of challenges such that by 2023, nearly 7.2 million have fled, the vast majority hosted within the region. One country particularly stands out: Colombia has accepted over 2.5 million. Colombia’s behaviour does not appear motivated by legal obligations or universal ethical principles; it is hard to make sense of in terms of international ethical and political theory. Rather, Colombian state and society make reference to mundane, localised concepts of friendship, fraternity and (...) the reciprocity of a shared history. Such everyday ethics is generally ignored in existing debates. I argue that immigration ethics could helpfully begin from concrete, everyday ethical behaviour rather than idealisation and abstraction. Instead of initially asking what states and societies should do regarding immigration, we could ask what do they already do, why and how? This article therefore explores how Colombian politicians and civil society actors understood their welcoming actions through an awareness of entangled histories, reciprocity, friendship and solidarity: everyday, vernacular ways in which responsibility-taking is rationalised and practiced. My argument is not that Colombia’s actions are normatively right, or an enactment of immigration justice. Rather, these actions were ambivalent: the messy, pragmatic result of negotiating different, competing responsibilities, principles and emotions. The results were imperfect, heavily gendered, but also unprecedented. Those advocating greater societal responsibility for immigrants would perhaps do best to look beyond the global north, shun the universal and start from local activities founded in vernacular, everyday ethics. (shrink)

A defining feature of democracy is the inclusion of members of the political association. However, the corresponding right to exclusion has attracted undeservedly scant attention in recent debates. In this paper, the nature of the right to exclusion is explored. On the assumption that inclusion requires the allocation of legal power-rights to the people entitled to participate in the making of collective decisions, two conceptions of the right to exclusion are identified: the liberty-right to exclude and the claim-right to exclude. (...) The choice between them depends on the nature of the interests that justifies the power-rights of people included. The position is defended that if rights to democratic participation are power-rights, we must also accept that the people included have claim-rights to the exclusion of non-members. (shrink)

Most challenges to immigration restrictions have not shown that states lack a claim-right to exclude, or a moral right against outside interference to make membership decisions. And an important, unexamined aspect of the claim-right is that states have the right against interference to wrongfully exclude, or the right to do wrong when making admission decisions. A major implication of this right is that even political or economic measures to affect states’ immigration policies are off the table – significantly compromising the (...) prospect of meaningfully addressing the world’s growing refugee crisis. In the form of a reductio argument, I provide reason to reject this position. Specifically, I try to demonstrate that, in the relevant cases, a plausible moral defense for the right to wrongfully exclude can only be given for states with objectionable character – protecting the very states whose immigration policies we should be most concerned with, which is surely morally counterintuitive. (shrink)

This article argues that all-affected principle needs to be reconceptualized to account for the differences in the historical and current social position of those who are or who should be making legitimacy claims. Drawing on Butler’s theory of vulnerability, this article advances a new and more robust all-affected principle that affords a stronger claim to legitimacy to those most-deeply affected by both the current decision in question and the historical process and practices shaping the choices available. In particular, this article (...) identifies three sets of exclusions of groups and claims that drive this reformulation: first, cases of historical injustice such as indigenous peoples; second, cases of current processes of minoritization which silence or render some groups and opinions as marginal such as women, ethnic minorities or even people in lower economic classes; and third, cases of state establishment of boundaries and ‘worthy’ citizenship such as refugees making claims for relocation and asylum. (shrink)

The recent global surge in large-scale foreign land acquisitions marks a radical transformation of the global economic and political landscape. Since land that attracts capital often becomes the site of expulsions and displacement, it also leads to new forms of migration. In this paper, I explore this connection from the perspective of a political philosopher. I argue that changes in global land governance unsettle the congruence of political community and bounded territory that we often take for granted. As a case (...) study, I discuss the European Union’s Renewable Energy Directive as a significant driver of foreign land acquisitions. Using its global power, the European Union (EU) is effectively governing land far outside of its international borders and with it the people who live on this land or are expelled from it. As a result, EU citizens ought to consider such people fellow members of their political community. This has implications for normative debates about immigration and, in particular, for arguments that appeal to collective self-determination to justify a right of political communities to exclude newcomers. The political community to which EU citizens belong reaches far beyond the EU’s official borders. (shrink)