José Jorge Mendoza argues that the difficulty with resolving the issue of immigration is primarily a conflict over competing moral and political principles and is, at its core, a problem of philosophy. This book brings into dialogue various contemporary philosophical texts that deal with immigration to provide some normative guidance to immigration policy and reform.
This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...) immigration enforcement purposes, they often undermine these original aims or get used in ways that conflict with the U.S. Constitution. These concerns should prompt us therefore either to reject the government’s plenary power over immigration or require the federal government to be more consistent about maintaining the separation between criminal law and immigration law. (shrink)
In this article I use the tropes of El Cucuy (the Mexican version of the boogyman), La Llorona (the wailer), and La Migra (the border patrol) to provide the beginnings of an ethical critique of the treatment of undocumented immigrants in the United States.
In this chapter I attempt to provide a general overview of the philosophical literature on immigration from both an ethics of immigration and philosophy of race perspective. I then try to make the case that putting these two literatures into conversation would be fruitful. In particular, that it could provide an underappreciated argument for limiting the discretion states are normally thought to enjoy with respect to immigration.
In debating the ethics of immigration, philosophers have focused much of their attention on determining whether a political community ought to have the discretionary right to control immigration. They have not, however, given the same amount of consideration to determining whether there are any ethical limits on how a political community enforces its immigration policy. This article, therefore, offers a different approach to immigration justice. It presents a case against legitimate states having discretionary control over immigration by showing both how (...) ethical limits on enforcement circumscribe the options legitimate states have in determining their immigration policy and how all immigrants (including undocumented immigrants) are entitled to certain protections against a state’s enforcement apparatus. (shrink)
Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its legitimacy (...) and thereby lead to something like a Hobbesian “state of nature.” One of the potential downsides of allowing the federal government to have such broad powers, however, is the potential to place non-citizens in a situation analogous to what Giorgio Agamben has called the “state of exception.” This situation appears to leave us with the following dichotomy: without something like the plenary power doctrine a political community will end up with a state of nature, but with something like the plenary power doctrine they end up with a state of exception. This essay offers a two-part response to this dilemma. First, it argues that the plenary power doctrine goes against the spirit of the U.S. Constitution, specifically the Fourteenth Amendment. Non-citizens, even undocumented immigrants, are entitled to more Constitutional protections than they currently enjoy. Second, since extending these protections is more consistent with the spirit of the Constitution, I argue that curtailing the federal government’s power over matters of immigration does not undermine its sovereignty, but promotes it. In short, with regard to immigration, it is a false but seductive dichotomy that constitutional democracies must choose between a state of nature and a state of exception. (shrink)
Given the oncoming demographic changes—which are primarily driven by the growth in the Latinx community—the United States is predicted to become a minority-majority country by around 2050. This seems to suggest that electoral strategies that employ “dog-whistle” politics are destined for the dust-bin of history. Following the work of critical race theorists, such as Ian Haney-Lopez and Derrick Bell, I want to suggest that pronouncing the inevitable demise of dog-whistle politics is premature. This is because there are reasons to suspect (...) that certain segments of the Latinx community—much like the Southern and Eastern Europeans in the early part of 20th Century—might be co-opted into American whiteness. (shrink)
The social trust argument asserts that a political community cannot survive without social trust, and that social trust cannot be achieved or maintained without a political community having discretionary control over immigration. Various objections have already been raised against this argument, but because those objections all assume various liberal commitments they leave the heart of the social trust argument untouched. This chapter argues that by looking at the socio-historical circumstances of Latino/as in the United States, an inherent weakness of the (...) social trust argument gets exposed. Giving a political community discretionary control over immigration not only fails to deliver on the promise of social trust, but it actually seems to promote its opposite, social mistrust. This suggests that a far better way of promoting the goal of social trust, and at the same time abating social mistrust, is to actually circumvent a political community’s ability to control immigration by giving priority both to socio-historical circumstances and immigrant rights (at least in a minimalist sense) in determining immigration policy. (shrink)
As corporate social responsibility (CSR) grows increasingly well known and accepted worldwide, organizations attempt to make sense of their social strategies bridge the gap between their current situation and what their stakeholders expect of them. If social strategies represent a potential stepping stone to more sophisticated forms of CSR, then research must investigate the strategies that organizations have adopted. After defining a framework for classifying and analyzing organizations' social strategies, this article considers empirical evidence from 10 case studies in Colombia (...) to reveal how organizations might build on their social involvement to engage in more sophisticated CSR practices. The framework also suggests some different trajectories that organizations might follow. (shrink)
Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the source (...) of social and civic ostracism. Second, by focusing so much on questions of admission and exclusion, philosophers have tended to overlook the discriminatory potential of immigration enforcement mechanisms. In this essay, I make the case that philosophers who deal with the issue of immigration cannot dispense with the potential for discrimination in a state's enforcement mechanism as easily as they have with the potential for discrimination in a state’s admission and exclusions criteria. In addition, I put forth the positive claim that the way to combat this potential for discrimination (e.g., xenophobia) must begin with a defense of, and advocacy for, immigrant rights. (shrink)
In this essay, I argue that even when they appear to help, restrictions on migration are usually only an impediment, not an aid, to cosmopolitan justice. Even though some egalitarian cosmopolitans are well intentioned in their support of migration restrictions, I argue that migration restrictions are (i) not truly cosmopolitan and (ii) will not have the kinds of consequences they expect. My argument in defense of this claim begins, in section 1, by outlining a defense of migration restrictions based on (...) egalitarian cosmopolitan grounds. Then in sections two and three, I reply to the harms this position associates with open borders and provide some reasons as to why restrictions on migration are incompatible with cosmopolitan justice. (shrink)
Dyadic play fighting occurs in many species, but only humans are known to engage in coalitional play fighting. Dyadic play fighting is hypothesized to build motor skills involved in actual dyadic fighting; thus, coalitional play fighting may build skills involved in actual coalitional fighting, operationalized as forager lethal raiding. If human psychology includes a motivational component that encourages engagement in this type of play, evidence of this play in forager societies is necessary to determine that it is not an artifact (...) of agricultural or industrial conditions. We examine whether coalitional play fighting appears in the hunter-gatherer record and includes motor skills used in lethal raiding. Using the ethnographic record, we generated a list of motor patterns regularly used in forager warfare. Then, using Murdock’s Ethnographic Atlas, we identified 100 culture clusters containing forager societies and searched the ethnographic records of these societies for descriptions of coalitional play fighting, operationalized as contact games played in teams. Resulting games were coded for the presence of eight motor patterns regularly used in forager lethal raiding. Although play does not tend to be systematically documented in the hunter-gatherer literature, sufficiently detailed descriptions of coalitional play were found for 46 of the 100 culture clusters: all 46 exhibited coalitional play using at least one of the predicted motor patterns; 39 exhibited coalitional play using four or more of the eight predicted motor patterns. These results provide evidence that coalitional play fighting occurs across a diverse range of hunter-gatherer cultures and habitats, regularly recruits motor patterns used in lethal raiding, and is not an artifact of agricultural or industrial life. This is a first step in a new line of research on whether human male psychology includes motivations to engage in play that develops the deployment of coordinated coalitional action involving key motor patterns used in lethal raiding. (shrink)
In 2008 Robert Lovato coined the phrase Juan Crow. Juan Crow is a type of policy or enforcement of immigration laws that discriminate against Latino/as in the United States. This essay looks at the implications this phenomenon has for an ethics of immigration. It argues that Juan Crow, like its predecessor Jim Crow, is not merely a condemnation of federalism, but of any immigration reform that has stricter enforcement as one of its key components. Instead of advocating for increased enforcement, (...) I want to suggest that just immigration reform must adhere to two standards, equality of burdens and universal protections, and that only by doing so can the potential for Juan Crow be adequately avoided. (shrink)
In this article, I broadly sketch out the current philosophical debate over immigration and highlight some of its shortcomings. My contention is that the debate has been too focused on border enforcement and therefore has left untouched one of the more central issue of this debate: what to do with unauthorized immigrants who have already crossed the border and with the “push and pull” factors that have created this situation. After making this point, I turn to the work of Enrique (...) Dussel and argue that his philosophical approach offers some insights that can help overcome these shortcomings. In particular, Dussel’s commitment to a social critique and transformation that begins with the material grievances of the most excluded and oppressed in a community. Under this type of approach, the immigration debate would begin with the grievances of the victims of immigration polices and reform (i.e. unauthorized immigrants) instead of with concerns for how to better enforce borders. Lastly, I point out that this type of approach is consistent with the current Immigrant Rights Movement in the United States. (shrink)
This chapter looks at the history of US citizenship and immigration law and argues that denying admission or citizenship status to certain groups of people is closely correlated to a denial of whiteness. On this account whiteness is not a fixed or natural concept, but instead is a social construction whose composition changes throughout time and place. Understanding whiteness in this way allows one to see how white supremacy is not limited merely to instances of racism or ethnocentrism, but can (...) also include instances of xenophobia. On this account, whiteness is more analogous to a braid of three interwoven strands: the racial strand (e.g., science, biology, or phenotypes), the ethnic strand (e.g., culture, customs, or heritage), and the national strand (e.g., territory, sovereignty, and citizenship). In emphasizing one or a combination of these strands, whiteness can be granted to social groups that previously were denied full white status, while at the same time it can be rescinded from groups that at different times and different places might have been considered (if only provisionally) white. Understanding whiteness in this way is important for dealing with issues of immigration and citizenship because it lets us see how nationality and xenophobia play a role in the construction of whiteness and thereby how terms like illegal help to reify the status of certain persons, including natural born citizens, as perpetual foreigners (i.e., non-whites). (shrink)
In this chapter, I outline what philosophers working on the ethics of immigration have had to say with regard to invidious discrimination. In doing so, I look at both instances of direct discrimination, by which I mean discrimination that is explicitly stated in official immigration policy, and indirect discrimination, by which I mean cases where the implementation or enforcement of facially “neutral” policies nonetheless generate invidious forms of discrimination. The end goal of this chapter is not necessarily to take a (...) side, but to outline the terrain and provide the reader with an adequate entryway into these philosophical discussions over discrimination and immigration. (shrink)
En este trabajo el autor rastrea la influencia de Aristóteles en Vico, especialmente en el plano de la ética y en el de la política, donde la felicidad de la comunidad se realiza a través de la amistad de los individuos.In this work the author seeks the influence of Aristotle in Vico, particularly in the field of ethics and politics, where happiness of the community is achieved through friendship among individuals.
Philosophers of the American tradition should be more proactive in their inclusion of Latino/a thinkers, even when the work of these thinkers does not directly connect back to classical tradition of American philosophy. This argument has two mterrelated parts. First, if the American philosophical tradition is committed to a social and political philosophy that begins from "lived-experience," then one area it has largely overlooked is the Latino/a experience. Second, if the contributions of the Latino/a community go unrecognized as a part (...) of the American tradition, then the American philosophical tradition is tacitly assenting to what Chavez calls the "Latino Threat Narrative." The Latino Threat Narrative puts forth a view of the Latino/a community as inherently anti-American, not to be celebrated, and to be avoided as a perpetual threat. Following Ch. (shrink)
La filosofia natural ha sido una disciplina de larga tradición académica en las universidades medievales y modernas, ligada sobre todo al escolasticismo aristotélico, aunque se fue diluyendo desde fines del s. XVIII Durante et s. XIX y buena parte del XX fue sólo una presencia habitual en el curriculum de las facultades católicas y de los seminarios. Entre los aos 30 y 60 hubo intentos de resurgimiento desde el tomismo, pensândola en relación con la epistemologia y la filosofia de la (...) ciencia. Pero estos intentos casi no trascendieron fuera de la escuela. En los últimos 20 afios se está produciendo otro intento de refundación de la filosofia natural, de la mano de algunos tomistas que intentan poner en práctica el programa que Jacques Maritain habia enunciado varias décadas antes. En el trabajo se analizan estos dos momentos, en relación con el pensamiento personal del Aquinate, mostrando que el primero estuvo más ligado a una relectura de los grados de abstracción y tuvo en vista sobre todo la delimitación y justificación de la especificidad e irreductibilidad de la metafísica, mientras que el segundo se orienta hacia una visión más cercana al aristotelismo, privilegiando los textos tomistas que comentan y completan al Estagirita. (shrink)
At the beginning of the Book 1 of the Physica, Aristotle sets the question on the matter and subject of natural science. This issue refers to the concept of the science, which he starts bringing up. Natural Science (philosophia naturalis) has, since then, been especially enquired into, above all in terms of the original Aristotle’s commentary. Averroes dedicates a concise and, at the same time comprehensive Proem on the subject. Thomas Aquinas, on the contrary, and in opposition to other cases, (...) omits a methodological proem, although the subject itself develops on the brim of the commentaries on the text of Book 1. The aim of this work is to analyze the approximation and differences between the Lesson 1 of the Commentaries to the Book 1 of the Aquinate (where the philosophia naturalis method is dealt with) and the exegesis of Averroes in his Proem and the Summa Prima, in order to establish the relationship between both. KEY WORDS – Aristotle. Thomas Aquinas. Averroes. Natural science. Physical methodology. (shrink)
In "Nations of Immigrants: Do Words Matter?" Donna Gabaccia provides an illuminating account of the origin of the United States' claim to be a "Nation of Immigrants." Gabaccia's endeavor is motivated by the question "What difference does it make if we call someone a foreigner, an immigrant, an emigrant, a migrant, a refugee, an alien, an exile or an illegal or clandestine?" . This question is very important to the immigration debate because, as Gabaccia goes on to show, "[t]o ponder (...) this question is to explore the vastly differing ways that human population movements figure in nation-building and in the historical imagination of nations" . In this paper, I am going to delve deeper into . (shrink)
At the University of Oregon, where I received my PhD, one of the requirements for advancing to doctoral candidacy was the completion of a History Paper. The History Paper challenges the student to bring together two philosophers from different philosophical traditions on a similar question and/or topic. The two philosophers that I chose for my History Paper were Latin American philosopher Enrique Dussel and the American philosopher John Dewey. As I began work on this project, I quickly realized that it (...) was not so easy to find relevant secondary literature on what I thought to be an extremely rich and exciting topic. Yet, despite this setback, I remained convinced (and still am) that Dewey's notion of .. (shrink)
Tomás de Aquino es considerado, con razón, uno de los mejores exponentes de la aplicación rigurosa del método escolástico, tanto en lo relativo a la forma disputativa (la quaestio) cuanto en la organización sistemática del material teórico. Pero la obra tomasiana incluye también sus importantes comentarios, sobre todo a Aristóteles, que forman parte de su producción filosófica y teológica. El método expositivo es, por lo tanto, bastante variado y merece un análisis específico. En esta comunicación se tomarán dos ejemplos de (...) sendos modos de su método de producción teórica: la summa y la expositio, visualizando la Summa contra Gentes y la Expositio in Octo Libros Physicorum Aristotelis. Se procura mostrar las líneas estructurales de dos formas diferentes y eventualmente complementarias: el modo derivativo y el modo analítico respectivamente, y de qué modo ambos se integran en el método disputativo. (shrink)
El comentario o la Física es representativo de dos rasgos fundamentales de todo su obro: repensar la sabiduría griega y orientarlo hacia su principal interés, las especulaciones científico- experimentales. La combinación de postulados epistemológícos aristotélicos con su personal concepción ontológico agustiniana neoplatonizonte (metafisica de la luz, teoría de la iluminación divina) da por resultado una obra original más que un comentario en sentido estricto. El libro VII, cuyo importancia radico sobre todo en la exposición de la prueba de la existencia (...) el primer motor, es analizado por Grosseteste no en este sentido, sino en unos breves notos no sistemáticas, vinculados a aspectos muy secundarios en el original, inspirados en parte en textos de Avicena y Averroes, y congruentes con sus intereses científicos. Se destocan cuatro aportes originales: 1. reducción de las cualidades sensibles a las táctiles; 2. teoría de lo semejanza de los formas como explicación de lo interacción sustancial; 3. reducción del estudio fisico o las propiedades; 4. análisis experienciol de las propiedades. (shrink)
In this paper, the objects of philosophical reflection are the important lessons learned from a participatory action research program conducted by the Cordillera Studies Center of UP Baguio in Sagada, Mountain Province, in Northern Luzon, Philippines, which ran from March 1997 to February 2001. This research program used the Community Based Natural Resource Management (CBNRM) approach. Concepts of philosophy are made to re-describe “second order” concepts of theory, as well as “first order” concepts of community-based natural resource management research, planning, (...) testing, implementation, and monitoring. Concepts used in the context of field work are given philosophical re-descriptions in the form of the ontology of societal totality and nature, ethical thinking applied to land rights and to collective action of marginalized groups, and in the form of epistemological assertions concerning the interaction of indigenous knowledge and the conduct of scientific research itself on community-based natural resource management. (shrink)