David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 29 (6):717-745 (2010)
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 a comprehensive account. In what follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why it ought to have a privileged place in our discussion of the topic. I further show why this style of argument neither allows states to limit nearly all immigration nor requires them to have almost no limits on immigration. I conclude by showing that all states must allow some degree of family-based immigration, and that this is a duty owed not to ‘outsiders’ seeking to enter, but rather to current citizens
|Keywords||Philosophy Logic Political Science Social Sciences, general Law Theory/Law Philosophy Philosophy of Law|
|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
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Matthew J. Lister (2007). A Rawlsian Argument for Extending Family-Based Immigration Benefits to Same-Sex Couples. University of Memphis Law Review 37 (Summer).
David B. Thronson, Custody and Contradictions: Exploring Immigration Law as Federal Family Law in the Context of Child Custody.
Sune Lægaard (2010). What is the Right to Exclude Immigrants? Res Publica 16 (3):245-262.
Mathias Risse (2008). On the Morality of Immigration. Ethics and International Affairs 22 (1):25–33.
Kieran Oberman (2011). Immigration, Global Poverty and the Right to Stay. Political Studies 59 (2):253-268.
Kris W. Kobach, Reinforcing the Rule of Law: What States Can and Should Do to Reduce Illegal Immigration.
Philip Cafaro & Winthrop Staples Iii (2009). The Environmental Argument for Reducing Immigration Into the United States. Environmental Ethics 31 (1):5-30.
Shelley Wilcox (2009). The Open Borders Debate on Immigration. Philosophy Compass 4 (5):813-821.
Chaim Gans (1998). Nationalism and Immigration. Ethical Theory and Moral Practice 1 (2):159-180.
Nicolas Maloberti (2011). Government by Choice: Classical Liberalism and the Moral Status of Immigration Barriers. The Independent Review 15 (4):540-561.
Peter Higgins (2009). Immigration Justice: A Principle for Selecting Just Admissions Policies. Social Philosophy Today 25:149-162.
Christian Barry (2011). Immigration and Global Justice. Global Justice Theory Practice Rhetoric 4 (1):30-38.
Added to index2010-09-09
Total downloads42 ( #48,503 of 1,679,308 )
Recent downloads (6 months)3 ( #78,911 of 1,679,308 )
How can I increase my downloads?