David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Res Publica 16 (3):245-262 (2010)
It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend to result either in fairly strong cases for open borders or in denials that considerations of justice apply to immigration at all, which results in state discretion positions. This state of debate is both theoretically unsatisfactory and normatively implausible. The paper therefore explores an alternative approach to the right to exclude immigrants from the perspective of recent debates about the territorial rights of states. The right to exclude claimed by states is analysed and it is shown to differ both conceptually and normatively from rights to impose political authority within a territory. The paper finally indicates how this analysis might broaden the focus of debates about immigration and suggest alternative regimes of migration regulation the possibility of which is obscured by traditional justice approaches
|Keywords||Immigration Justice Right to exclude Sovereignty State Territorial rights|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Arash Abizadeh (2008). Democratic Theory and Border Coercion: No Right to Unilaterally Control Your Own Borders. Political Theory 36 (1):37-65.
Michael Blake (2001). Distributive Justice, State Coercion, and Autonomy. Philosophy and Public Affairs 30 (3):257–296.
Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.
Joseph H. Carens (2008). The Rights of Irregular Migrants. Ethics and International Affairs 22 (2):163–186.
David Copp (1999). The Idea of a Legitimate State. Philosophy and Public Affairs 28 (1):3–45.
Citations of this work BETA
Clara Sandelind (2013). Territorial Rights Open Borders. Critical Review of International Social and Political Philosophy:1-21.
Similar books and articles
Peter Higgins (2009). Immigration Justice: A Principle for Selecting Just Admissions Policies. Social Philosophy Today 25:149-162.
Sir Michael Dummett (2004). Immigration. Res Publica 10 (2):115-122.
Shelley Wilcox (2009). The Open Borders Debate on Immigration. Philosophy Compass 4 (5):813-821.
Matthew Lister (2010). Immigration, Association, and the Family. Law and Philosophy 29 (6):717-745.
Ian Davies (2009). Latino Immigration and Social Change in the United States: Toward an Ethical Immigration Policy. [REVIEW] Journal of Business Ethics 88 (2):377 - 391.
Michael Blake & Mathias Risse (2009). Is There a Human Right to Free Movement? Immigration and Original Ownership of the Earth. Notre Dame Journal of Law Ethics and Public Policy 23 (133):166.
Lea Ypi (2014). A Permissive Theory of Territorial Rights. European Journal of Philosophy 22 (2):288-312.
Noah J. Stanzione, Toward a Greekish Model: How the Concept of 'Guest-Friendship' Can Inform Our Modern Immigration Crisis.
Mason Richey (2010). Towards a Non-Positivist Approach to Cosmopolitan Immigration: A Critique of the Inclusion/Exclusion Dialectic and an Analysis of Selected European Immigration Policies. Journal of International and Area Studies 17 (1):55-74.
Mathias Risse (2008). On the Morality of Immigration. Ethics and International Affairs 22 (1):25–33.
Added to index2010-07-19
Total downloads72 ( #25,269 of 1,692,765 )
Recent downloads (6 months)8 ( #28,536 of 1,692,765 )
How can I increase my downloads?