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Is There a Human Right to Immigrate?

In Sarah Fine & Lea Ypi (eds.), Migration in Political Theory: The Ethics of Movement and Membership. Oxford University Press (2013)

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  1. Unjust Borders: Individuals and the Ethics of Immigration.Javier S. Hidalgo - 2018 - Routledge.
    States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized (...)
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  • A Framework for Compensating Climate Change Damages.Joachim Wündisch - 2021 - Philosophia 49 (2):839-859.
    Anthropogenic climate change is expected to contribute to mass migration from many different regions. Heyward and Ödalen (2016) propose a tailor-made migration option for victims of total territorial loss: a Free Movement Passport for the Territorially Dispossessed (PTD). The PTD presents a significant advancement over standard proposals for individual migration in response to total territorial loss. However, I argue that the compensatory obligations of states are more restrictive than the PTD scheme assumes (sec. 5), and that the contents of the (...)
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  • Justice in migration.Christine Straehle - 2018 - Canadian Journal of Philosophy 48 (2):245-265.
    The movement of people across borders is one of the most pressing issues of our time. Yet it is still unclear how migration should be regulated to be fair to the sending societies, the host societies and the individual migrant. What is at issue? Are we discussing migration from an ethical or from a political philosophical perspective, or both? Are we discussing migration from a global justice perspective or social justice perspective? Do we consider political legitimacy and democratic self-determination as (...)
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  • Decolonising Borders.John Sodiq Sanni - 2020 - Theoria 67 (163):1-24.
    This paper seeks to address the problem of strangeness within the context of migration in Africa. I draw on historical realities that inform existing international and African discourses on migration. I hope to show that most African countries have unconsciously bought into international arguments that drive the legitimacy of building walls, visible and invisible, and the promotion of stringent migration policies that minimise the influx of African immigrants. I draw on political and philosophical positions of African thinkers like Kwame Nkrumah, (...)
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  • Realism in the ethics of immigration.James S. Pearson - 2023 - Philosophy and Social Criticism 49 (8):950-974.
    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 (...)
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  • Should we open borders? Yes, but not in the name of global justice.Borja Niño Arnaiz - 2022 - Ethics and Global Politics 15 (2):55-68.
    Some proponents of global justice question that opening borders is an effective strategy to alleviate global poverty and reduce inequalities between countries. This article goes a step further and asks whether an open borders policy is compatible with the objectives of global distributive justice. The latter, it will be argued, entails the ordering of needs, the assignment of priorities and the preference or subordination of some interests over others. In other words, global justice requires the establishment of conditions and restrictions (...)
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  • Is Liberalism Committed to Its Own Demise?Hrishikesh Suhas Joshi - 2018 - Journal of Ethics and Social Philosophy 13 (3).
    Are immigration restrictions compatible with liberalism? Recently, Freiman and Hidalgo have argued that immigration restrictions conflict with the core commitments of liberalism. A society with immigration restrictions in place may well be optimal in some desired respects, but it is not liberal, they argue. So if you care about liberalism more deeply than you care about immigration restrictions, you should give up on restrictionism. You can’t hold on to both. I argue here that many restrictions on contractual, economic, and associational (...)
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  • 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 prima (...)
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  • The Ethics of Immigration: Self‐Determination and the Right to Exclude.Sarah Fine - 2013 - Philosophy Compass 8 (3):254-268.
    Many of us take it for granted that states have a right to control the entry and settlement of non‐citizens in their territories, and hardly pause to consider or evaluate the moral justifications for immigration controls. For a long time, very few political philosophers showed a great deal of interest in the subject. However, it is now attracting much more attention in the discipline. This article aims to show that we most certainly should not take it for granted that states (...)
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  • Non-domination and the ethics of migration.Sarah Fine - 2014 - In Iseult Honohan & Marit Hovdal-Moan (eds.), Domination, Migration and Non-Citizens. Routledge. pp. 10-30.
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  • Non-domination and the ethics of migration.Sarah Fine - 2014 - Critical Review of International Social and Political Philosophy 17 (1):10-30.
  • Does Deportation Infringe Rights?Kaila Draper - 2021 - Journal of Ethics and Social Philosophy 19 (3).
    Consider the migrant who illegally crosses an international border, and suppose that agents of the state she has entered apprehend and detain her, and then forcibly return her to her country of origin. Some opponents of aggressive deportation policies believe that, barring unusual circumstances, this process of using coercion and force to expel the migrant is an infringement of the migrant’s rights. Many of those who disagree contend that, because a state has a right to enact and enforce immigration restrictions, (...)
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  • Huemer on Immigration and the Preservation of Culture.Rafael De Clercq - 2017 - Philosophia 45 (3):1091-1098.
    Libertarian philosopher Michael Huemer has argued recently that there is a prima facie right to immigrate, and, moreover, that concerns people have about the effects of immigration are not strong enough to neutralize or override this prima facie right. In this paper, I focus on one particular concern that Huemer deems insufficiently strong to neutralize or override the prima facie right to immigrate, namely, the concern that unrestricted immigration poses a threat to one’s culture. I argue that Huemer fails to (...)
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