Results for 'immigration'

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  1. Immigration as a Human Right.Kieran Oberman - 2016 - In Sarah Fine & Lea Ypi (eds.), Migration in Political Theory: The Ethics of Movement and Membership. Oxford: Oxford University Press. pp. 32-56.
    This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be restricted in certain (...)
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  2. Immigration: The Case for Limits.David Miller - 2005 - In Andrew I. Cohen & Christopher Heath Wellman (eds.), Contemporary Debates in Applied Ethics. Wiley-Blackwell. pp. 193-206.
    This article by David Miller is widely considered a standard defense of the (once) conventional view on immigration restrictionism, namely that (liberal) states generally have free authority to restrict immigration, save for a few exceptions.
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  3. Immigration and Self-Determination.Bas van der Vossen - 2015 - Politics, Philosophy and Economics 14 (3):270-290.
    This article asks whether states have a right to close their borders because of their right to self-determination, as proposed recently by Christopher Wellman, Michael Walzer, and others. It asks the fundamental question whether self-determination can, in even its most unrestricted form, support the exclusion of immigrants. I argue that the answer is no. To show this, I construct three different ways in which one might use the idea of self-determination to justify immigration restrictions and show that each of (...)
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  4.  73
    On Immigration and Refugees.Michael Dummett - 2001 - Routledge.
    Michael Dummett, philosopher and social critic, is also one of the sharpest and most prominent commentators and campaigners for the fair treatment of immigrants and refugees in Britain and Europe. This book insightfully draws together his thoughts on this major issue for the first time. Exploring the confused and often highly unjust thinking about immigration, Dummett then carefully questions the principles and justifications governing state policies, pointing out that they often conflict with the rights of refugees as laid down (...)
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    Immigration and the Constraints of Justice: Between Open Borders and Absolute Sovereignty.Ryan Pevnick - 2011 - Cambridge: Cambridge University Press.
    This book explores the constraints which justice imposes on immigration policy. Like liberal nationalists, Ryan Pevnick argues that citizens have special claims to the institutions of their states. However, the source of these special claims is located in the citizenry's ownership of state institutions rather than in a shared national identity. Citizens contribute to the construction and maintenance of institutions, and as a result they have special claims to these institutions and a limited right to exclude outsiders. Pevnick shows (...)
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  6.  65
    Immigrants and the Right to Stay.Joseph H. Carens - 2010 - MIT Press.
    Suggests that illegal immigrants should be offered a path to citizenship.
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    Legitimizing Immigration Control: A Discourse-Historical Analysis.Ruth Wodak & Theo van Leeuwen - 1999 - Discourse Studies 1 (1):83-118.
    Austrian immigration authorities frequently reject the family reunion applications of immigrant workers. They justify their decisions not only on legal grounds but also on the basis of their own often prejudiced judgements of the applicants' ability to `integrate' into Austrian society. A discourse-historical method is combined with systemic-functionally oriented methods of text analysis to study the official letters which notify immigrant workers of the rejection of their family reunion applications. The systemic-functionally oriented methods are used in a detailed analysis (...)
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  8. Immigration and Freedom of Association.Christopher Heath Wellman - 2008 - Ethics 119 (1):109-141.
  9. Immigration.Hrishikesh Joshi - forthcoming - In Matt Zwolinski & Benjamin Ferguson (eds.), Routledge Handbook of Libertarianism. Routledge.
    Within the immigration debate, libertarians have typically come down in favor of open borders by defending two main ideas: i) individuals have a right to free movement; and ii) immigration restrictions are economically inefficient, so that lifting them can make everyone better off. This entry describes the rationale for open borders from a libertarian perspective (in part by analogy to the debate around minimum wage laws). Three main objections within the immigration literature are then discussed: i) the (...)
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  10. Immigration, Global Poverty and the Right to Stay.Kieran Oberman - 2011 - Political Studies 59 (2):253-268.
    This article questions the use of immigration as a tool to counter global poverty. It argues that poor people have a human right to stay in their home state, which entitles them to receive development assistance without the necessity of migrating abroad. The article thus rejects a popular view in the philosophical literature on immigration which holds that rich states are free to choose between assisting poor people in their home states and admitting them as immigrants when fulfilling (...)
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  11. Immigration Policy and Identification Across Borders.Matthew Lindauer - 2017 - Journal of Ethics and Social Philosophy 12 (3):280-303.
    According to the traditional state sovereignty view in the ethics of immigration literature, societies have a great deal of latitude in determining and implementing their immigration policies. This view is typically defended by appealing to the rights of members of societies, for instance to political self-determination. Opponents of the view have often criticized its partiality to members, arguing that nonmembers can also make stringent demands on societies to be admitted and given the same treatment in matters of (...) policy as other nonmembers. In this paper, I take a different approach to responding to the state sovereignty view. I argue that even if we grant the premise that the rights of members generally trump the rights of nonmembers in matters of immigration policy, societies are greatly constrained in setting their immigration policies by considerations of domestic justice. The considerations that I focus on involve relationships between members and nonmembers that hold due to a shared quality or set of qualities on the basis of which members identify with nonmembers. The argument appeals to premises and principles that defenders of the state sovereignty view are committed to but concludes that this view cannot serve as a satisfactory framework for the normative assessment of immigration policies. (shrink)
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  12. Illiberal Immigrants and Liberalism's Commitment to its Own Demise.Daniel Weltman - 2020 - Public Affairs Quarterly 34 (3):271-297.
    Can a liberal state exclude illiberal immigrants in order to preserve its liberal status? Hrishikesh Joshi has argued that liberalism cannot require a commitment to open borders because this would entail that liberalism is committed to its own demise in circumstances in which many illiberal immigrants aim to immigrate into a liberal society. I argue that liberalism is committed to its own demise in certain circumstances, but that this is not as bad as it may appear. Liberalism’s commitment to its (...)
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  13. Why Immigration Controls Are Not Coercive: A Reply to Arash Abizadeh.David Miller - 2010 - Political Theory 38 (1):111-120.
    Abizadeh has argued that because border controls coerce would-be immigrants and invade their autonomy, they are entitled to participate in the democratic institutions that impose those controls. In reply, the author distinguishes between coercion and prevention, shows that prevention need not undermine autonomy, and concludes that although border controls may restrict freedom, they do not give rise to democratic entitlements.
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  14. Immigrant Selection, Health Requirements, and Disability Discrimination.Douglas MacKay - 2018 - Journal of Ethics and Social Philosophy 14 (1).
    Australia, Canada, and New Zealand currently apply health requirements to prospective immigrants, denying residency to those with health conditions that are likely to impose an “excessive demand” on their publicly funded health and social service programs. In this paper, I investigate the charge that such policies are wrongfully discriminatory against persons with disabilities. I first provide a freedom-based account of the wrongness of discrimination according to which discrimination is wrong when and because it involves disadvantaging people in the exercise of (...)
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  15. Immigration, Association, and the Family.Matthew Lister - 2010 - Law and Philosophy 29 (6):717-745.
    In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have (...)
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  16. Latino Immigration and Social Change in the United States: Toward an Ethical Immigration Policy.Ian Davies - 2009 - Journal of Business Ethics 88 (S2):377 - 391.
    Approximately 47 million Latinos currently live in the United States, and nearly 25 percent of them are undocumented. The USA is a very different country from just a generation ago – culturally, socially, and demographically. Its presumed core values have been transformed largely by the changes wrought by immigration and ethnicity. A multicultural society has, in 2008, elected a multicultural president. This article examines immigration discourse, framed in terms of fear and security, and the evolution of the US (...)
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  17. Immigration, Jurisdiction, and Exclusion.Michael Blake - 2013 - Philosophy and Public Affairs 41 (2):103-130.
  18. Immigration, Association, and Antidiscrimination.Michael Blake - 2012 - Ethics 122 (4):748-762.
  19. Immigrant Admissions and Global Relations of Harm.Shelley Wilcox - 2007 - Journal of Social Philosophy 38 (2):274–291.
    This paper raises two objections to the freedom of movement argument from the perspective of nonideal philosophy: the argument cannot provide a means for establishing admissions priorities when all prospective immigrants cannot be admitted and it ignores alternative grounds for moral claims to admission in the context of histories of injustice. I develop an alternative admissions-guiding principle that assigns strong moral claims to admission to certain prospective immigrants based on a global extension of the no-harm principle. It claims that a (...)
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  20. Immigration Enforcement and Domination: An Indirect Argument for Much More Open Borders.Alex Sager - 2016 - Political Research Quarterly 1 (1):1-13.
    Normative reflection on the ethics of migration has tended to remain at the level of abstract principle with limited attention to the practice of immigration administration and enforcement. This paper explores the implications of this practice for an ethics of immigration with particular attention to the problem of bureaucratic domination. I contend that migration administration and enforcement cannot overcome bureaucratic domination because of the inherent vulnerability of migrant populations and the transnational enforcement of border controls by multiple public (...)
     
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  21. Immigration Justice.Peter Higgins - 2013 - Edinburgh University Press.
    By what moral standards must nation-states select immigration policies? A central contention of Immigration Justice is that the justice of an immigration policy can be ascertained only through consideration of the pervasive, systematic, and unjust inequalities engendered by the institutions that constitute our social world. Immigration policies affect people primarily as members of social groups demarcated from each other by members’ gender, race, and class. For this reason, this book argues that states’ selection of immigration (...)
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  22. Immigration, Self-Determination and the Brain Drain.Luara Ferracioli - 2015 - Review of International Studies 41 (1):99-115.
    This article focuses on two questions regarding the movement of persons across international borders: (1) do states have a right to unilaterally control their borders; and (2) if they do, are migration arrangements simply immune to moral considerations? Unlike open borders theorists, I answer the first question in the affirmative. However, I answer the second question in the negative. More specifically, I argue that states have a negative duty to exclude prospective immigrants whose departure could be expected to contribute to (...)
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  23.  3
    EU Immigration, Welfare Rights and Populism: A Normative Appraisal of Welfare Populism.Dimitrios E. Efthymiou - 2020 - Global Justice : Theory Practice Rhetoric 12 (2):161-188.
    Populists in the EU often call for restrictions on EU immigrants’ access to welfare rights. These calls are often demagogic and parochial. This paper aims to show what exactly is both distinct and problematic with these populist calls from a normative point of view while not necessarily reducible to demagogy and parochialism. The overall aim of the paper is not to argue that all populists call for such restrictions nor to claim that all calls for such restrictions are populist. The (...)
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  24. Immigration Restrictions and the Right to Avoid Unwanted Obligations.Javier Hidalgo - 2014 - Journal of Ethics and Social Philosophy (2):1-9.
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    Enforcing Immigration Law.Matthew Lister - 2020 - Philosophy Compass 15 (3).
    Over the last few years, an increasingly sophisticated literature devoted to normative questions arising out of the enforcement of immigration law had developed. In this essay, I consider what sorts of constraints considerations of justice and legitimacy may place on the enforcement of immigration law, even if we assume that states have significant discretion in setting their own immigration policies, and that open borders are not required by justice. I consider constraints placed on state or national governments, (...)
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  26. Immigration.Michael Blake - 2005 - In Christopher Wellman (ed.), The Blackwell Companion to Applied Ethics. Blackwell. pp. 224-237.
     
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  27. The Ethics of Immigration.Joseph Carens - 2013 - New York: Oxford University Press.
    Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.
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  28. Immigration and the Significance of Culture.Samuel Scheffler - 2007 - Philosophy and Public Affairs 35 (2):93–125.
  29.  4
    The Ethics of Immigration.Joseph Carens - 2013 - Oup Usa.
    Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.
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  30. Immigration and Libertarianism: Open Borders Versus Directionalism.J. C. Lester - 2021 - MEST Journal 9 (2).
    To explain the correct libertarian approach to immigration, a thought-experiment posits a minimal-state libertarian UK and then the introduction of several relevant anti-libertarian policies with their increasingly disastrous effects. It is argued that the reverse of these imagined policies, as far as is politically possible, must be the correct way forward. This framing is intended to counter the tendency for many articles to misapply libertarian principles to the current messy situation on the mistaken assumption that a state need only (...)
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  31. Immigration and Discrimination.Sarah Fine - forthcoming - In Sarah Fine & Lea Ypi (eds.), Migration in Political Theory: The Ethics of Movement and Membership. Oxford University Press.
     
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  32. Liberalism or Immigration Restrictions, But Not Both.Javier Hidalgo & Christopher Freiman - 2016 - Journal of Ethics and Social Philosophy 10 (2):1-22.
    This paper argues for a dilemma: you can accept liberalism or immigration restrictions, but not both. More specifically, the standard arguments for restricting freedom of movement apply equally to textbook liberal freedoms, such as freedom of speech, religion, occupation and reproductive choice. We begin with a sketch of liberalism’s core principles and an argument for why freedom of movement is plausibly on a par with other liberal freedoms. Next we argue that, if a state’s right to self-determination grounds a (...)
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  33.  24
    Immigration Controls: Why the Self‐Determination Argument Is Self‐Defeating.Maxime Lepoutre - 2016 - Journal of Social Philosophy 47 (3):309-331.
    In philosophical debates about immigration, one of the most prominent arguments asserts that a state’s citizenry has a right to unilaterally control its territorial borders by virtue of its right to self-determination. This is the self-determination argument. The present article demonstrates that this argument is internally undermined by the Coercion Principle, according to which all persons subjected to coercive political power are entitled to an equal say in exercising that power. First, whichever way the self-determination argument identifies the relevant (...)
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  34. Immigrants, Nations, and Citizenship.David Miller - 2008 - Journal of Political Philosophy 16 (4):371-390.
  35. Fertility, Immigration, and the Fight Against Climate Change.Jake Earl, Colin Hickey & Travis N. Rieder - 2017 - Bioethics 31 (8):582-589.
    Several philosophers have recently argued that policies aimed at reducing human fertility are a practical and morally justifiable way to mitigate the risk of dangerous climate change. There is a powerful objection to such “population engineering” proposals: even if drastic fertility reductions are needed to prevent dangerous climate change, implementing those reductions would wreak havoc on the global economy, which would seriously undermine international antipoverty efforts. In this article, we articulate this economic objection to population engineering and show how it (...)
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  36.  81
    Discretionary Immigration.Michael Blake - 2002 - Philosophical Topics 30 (2):251-273.
  37. Immigration Rights and the Justification of Immigration Restrictions.Caleb Yong - 2017 - Journal of Social Philosophy 48 (4):461-480.
  38. Immigration.Sir Michael Dummett - 2004 - Res Publica 10 (2):115-122.
    It is not a fundamental human right to live wherever one would most like to be. We have to ask when a state should admit people not its citizens wishing to enter and settle within its territory. To exclude someone from entry to a country where he wishes to settle infringes his liberty. When anybody's liberty is infringed or curtailed the onus of proof lies upon those who claim a right to infringe or curtail it, other things being equal. This (...)
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  39. The Duty to Disobey Immigration Law.Javier Hidalgo - 2016 - Moral Philosophy and Politics 3 (2).
    Many political theorists argue that immigration restrictions are unjust and defend broadly open borders. In this paper, I examine the implications of this view for individual conduct. In particular, I argue that the citizens of states that enforce unjust immigration restrictions have duties to disobey certain immigration laws. States conscript their citizens to help enforce immigration law by imposing legal duties on these citizens to monitor, report, and refrain from interacting with unauthorized migrants. If an ideal (...)
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  40.  1
    Just Immigration in the Americas: A Feminist Account.Allison B. Wolf - 2020 - Rowman & Littlefield Publishers.
    Using testimonies from immigrants and examples of immigrant policies, this book proposes an interdisciplinary, feminist approach to immigration justice.
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  41. What Immigrants Owe.Adam Lovett & Daniel Sharp - forthcoming - Ergo: An Open Access Journal of Philosophy.
    Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...)
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  42. Debating the Ethics of Immigration: Is There a Right to Exclude?Christopher Heath Wellman & Phillip Cole - 2011 - Oup Usa.
    Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question.
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  43.  58
    Immigration, Citizenship, and Consent: What is Wrong with Permanent Alienage?Kieran Oberman - 2016 - Journal of Political Philosophy 24 (4):91-107.
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  44. Freedom, Immigration, and Adequate Options.Javier S. Hidalgo - 2012 - Critical Review of International Social and Political Philosophy (2):1-23.
  45. Resistance to Unjust Immigration Restrictions.Javier Hidalgo - 2015 - Journal of Political Philosophy 23 (4):450-470.
  46. An Immigration-Pressure Model of Global Distributive Justice.Eric Cavallero - 2006 - Politics, Philosophy and Economics 5 (1):97-127.
    International borders concentrate opportunities in some societies while limiting them in others. Borders also prevent those in the less favored societies from gaining access to opportunities available in the more favored ones. Both distributive effects of borders are treated here within a comprehensive framework. I argue that each state should have broad discretion under international law to grant or deny entry to immigration seekers; but more favored countries that find themselves under immigration pressure should be legally obligated to (...)
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  47. Poverty and Immigration Policy.Kieran Oberman - 2015 - American Political Science Review 109 (02):239-251.
    What are the ethical implications of global poverty for immigration policy? This article finds substantial evidence that migration is effective at reducing poverty. There is every indication that the adoption of a fairly open immigration policy by rich countries, coupled with selective use of immigration restrictions in cases of deleterious brain drain, could be of significant assistance to people living in poor countries. Empirically there is nothing wrong with using immigration policy to address poverty. The reason (...)
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  48. Self-Determination, Immigration Restrictions, and the Problem of Compatriot Deportation.Javier Hidalgo - 2014 - Journal of International Political Theory 10 (3):261-282.
    Several political theorists argue that states have rights to self-determination and these rights justify immigration restrictions. Call this: the self-determination argument for immigration restrictions. In this article, I develop an objection to the self-determination argument. I argue that if it is morally permissible for states to restrict immigration because they have rights to self-determination, then it can also be morally permissible for states to deport and denationalize their own citizens. We can either accept that it is permissible (...)
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  49.  31
    Selecting Immigrants by Skill.Desiree Lim - 2017 - Social Theory and Practice 43 (2):369-396.
    It has been suggested that states have no right to directly discriminate against would-be immigrants on grounds of race or sex. However, while the discourse on cases of wrongful discrimination has largely focused on discrimination on grounds of gender, race, and sexual orientation, states frequently engage in discrimination of a different kind when it comes to admissions and naturalisation policies. It is assumed that the anti-discrimination principle does not include cases of talent-based discrimination, and that these fall well within the (...)
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  50. Immigration.Christopher Heath Wellman - 2010 - Stanford Encyclopedia of Philosophy.
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