Philosophy Compass 8 (3):254-268 (2013)

Sarah Fine
King's College London
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 enjoy a moral right to exclude would‐be immigrants. It is neither obvious nor uncontroversial. And if we cannot find adequate justifications for the existence of such a right, then we need to re‐evaluate the very backbone of current approaches to immigration policy. The paper begins with an overview of the existing academic debate about the extent of the right to freedom of movement. Next it introduces three arguments in support of the state’s right to exclude would‐be immigrants which draw on claims about the collective right to self‐determination. Finally it outlines three important challenges faced by these arguments in support of the state’s right to exclude
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DOI 10.1111/phc3.12019
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References found in this work BETA

On Nationality.David Miller - 1995 - New York: Oxford University Press.
The Problem of Global Justice.Thomas Nagel - 2005 - Philosophy and Public Affairs 33 (2):113-147.
Democratic Theory and Border Coercion.Arash Abizadeh - 2008 - Political Theory 36 (1):37-65.

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Citations of this work BETA

Do Territorial Rights Include the Right to Exclude?Cara Nine - 2019 - Politics, Philosophy and Economics 18 (4):307-322.
The Ethics of Resisting Immigration Law.Javier Hidalgo - 2019 - Philosophy Compass 14 (12).
Facts, Principles, and Global Justice: Does the ‘Real World’ Matter?Johann Go - forthcoming - Critical Review of International Social and Political Philosophy:1-21.
Democracy and the Right to Exclusion.Ludvig Beckman - 2014 - Res Publica 20 (4):395-411.

View all 12 citations / Add more citations

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