Carens’s Cantilever Argument: Global Freedom of Movement, Logical Necessity and the Burden of Proof

In Matthias Hoesch & Nadine Mooren (eds.), Joseph Carens: Between Aliens and Citizens. Springer. pp. 161-179 (2020)
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Abstract

In this article we discuss the so-called cantilever argument, used by Joseph Carens to establish a human right to global freedom of movement. First of all, we criticise Carens’s classification of the argument as both an “analogy” and a “logical extension”. Comparing the cantilever argument with Carens’s popular feudalism analogy suggests understanding it solely as an extension, but certainly not as a “logical” one. Finally, we sketch out whether, by means of the cantilever, he succeeds in shifting the burden of proof to the opponents of such a human right.

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Constantin Luft
University of Münster
Jeremias Düring
University of Münster

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