The constitutional essentials of immigration and justice-based evaluations

Problema. Anuario de Filosofía y Teoria Del Derecho:401-426 (forthcoming)
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Abstract

The aim of this paper is to offer a broad characterization of the kind of account that I believe cannot plausibly face conclusively the problem of the ethics of immigration restrictions in a non-ideal world at the level of the constitutional essentials. I argue that justice-based accounts of immigration controls fail to normatively evaluate what immigration controls do to outsiders subjected to them in non-ideal conditions, so judgments of justice by themselves tend to be overall bad for the interest of immigrants. I explain this by insisting that a prior question about the legitimacy of immigration controls have been overlooked by familiar accounts. A full account of the ethics of immigration suitable for guiding constitutional essentials should be able to connect distinct kinds of justice-based evaluations in order to ask both, what legitimacy requires from territorial institutional control as well as what justice requires from immigration policy.

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References found in this work

Rescuing Justice and Equality.G. A. Cohen (ed.) - 2008 - Harvard University Press.
Justice for hedgehogs.Ronald Dworkin - 2011 - Cambridge: Belknap Press of Harvard University Press.
Ideal vs. Non-ideal Theory: A Conceptual Map.Laura Valentini - 2012 - Philosophy Compass 7 (9):654–664.
The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.

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