Law and Philosophy 29 (6):717-745 (2010)

Authors
Matthew J. Lister
Deakin University
Abstract
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 immigration  Family  freedom of association  immigration rights  marriage  sovereignty
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DOI 10.1007/s10982-010-9083-9
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References found in this work BETA

National Self-Determination.Avishai Margalit & Joseph Raz - 1990 - Journal of Philosophy 87 (9):439-461.
What is Discrimination?Sophia Moreau - 2010 - Philosophy and Public Affairs 38 (2):143-179.
Discretionary Immigration.Michael Blake - 2002 - Philosophical Topics 30 (2):251-273.

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Citations of this work BETA

Should States Prioritize Child Refugees?Gottfried Schweiger - 2019 - Ethics and Global Politics 12 (2):46-61.
Justice in Immigration.David Miller - 2015 - European Journal of Political Theory 14 (4):391-408.
Justifying Resistance to Immigration Law: The Case of Mere Noncompliance.Caleb Yong - 2018 - Canadian Journal of Law and Jurisprudence 2 (31):459-481.
Immigration Policy and Identification Across Borders.Matthew Lindauer - 2017 - Journal of Ethics and Social Philosophy 12 (3):280-303.
Family Migration Schemes and Liberal Neutrality: A Dilemma.Luara Ferracioli - 2016 - Journal of Moral Philosophy 13 (5):553-575.

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