Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.

This book makes a significant contribution to the contemporary debate about multiculturalism and democratic theory. It reflects upon the ways in which claims about culture and identity are advanced by immigrants, national minorities, aboriginals, and other groups. It argues that liberal democrats should provide recognition and support for minority cultures and identities, and examines case studies from a number of different societies to show how theorists can learn about justice.

This article considers the question of what legal rights should be possessed by those who reside and work in a democratic state without the legal authorization of the state, given the background assumption that the state is morally entitled to exclude such migrants. I argue that irregular migrants are morally entitled to a wide range of legal rights, including basic human and civil rights, but also rights to wages, workplace protections, and even rights to public education for their children. In (...) order for these rights to be realized in practice, I argue, states ought to create a firewall between those charged with protecting and enforcing these rights and those charged with enforcing immigration laws. (shrink)

Many poor and oppressed people wish to leave their countries of origin in the third world to come to affluent Western societies. This essay argues that there is little justification for keeping them out. The essay draws on three contemporary approaches to political theory - the Rawlsian,the Nozickean, and the utilitarian - to construct arguments for open borders. The fact that all three theories converge upon the same results on this issue, despite their significant disagreements on others, strengthens the case (...) for open borders and reveals its roots in our deep commitment to respect all human beings as free and equal moral persons. The final part of the essay considers communitarian objections to this conclusion, especially those of Michael Walzer. (shrink)

This article explores the advantages of using a range of actual cases in doing political theory. This sort of approach clarifies what is at stake in alternative theoretical formulations, draws attention to the wisdom that may be embedded in existing practices, and encourages theorists to confront challenges they might otherwise overlook and to think through the implications of their accounts more fully.

This article explores normative questions about what legal rights settled immigrants should have in liberal democratic states. It argues that liberal democratic justice, properly understood, greatly constrains the distinctions that can be made between citizens and residents.

Moral philosophers are fond of the dictum “ought implies can” and even deontologists normally admit the need to take account of consequences in the design of social institutions. Too often, however, philosophers fail to take advantage of the knowledge provided by the social sciences about the constraints and consequences of alternative forms of social organization. By discussing ideals in abstraction from the problems of institutionalization, they fail at least to see some of the important consequences and costs of a proposed (...) ideal, and sometimes they fail even to understand the ideal itself. (shrink)

For this collection entitled “After Socialism,” we were asked to reflect upon such questions as what rectifications to present market capitalist systems might be desirable and whether there is any viable remnant in the socialist ideal that ought to be preserved. My basic answer to the latter is that the socialist principle of distribution “From each according to abilities, to each according to needs” remains a compelling moral ideal, superior to the resigned, complacent, or enthusiastic acceptance of economic inequality that (...) is offered by defenders of conventional capitalism and by many versions of liberalism. And so, my answer to the former is that the rectifications to present market capitalist systems that would be desirable would be to reduce the deep injustices and social malformations of these systems as much as possible by moving their distributive outcomes in the direction of the socialist ideal. (shrink)

Will Kymlicka’s new book makes important conceptual, methodological, and substantive contributions to contemporary discussions of multiculturalism. Nevertheless, Kymlicka’s attempt to construct a defense of special rights for minority cultural groups on the basis of his conception of “societal culture” entails implications that are both too radical and too restrictive with regard to the kinds of minority claims they support. In particular, Kymlicka’s account undermines the claims of immigrant minorities to the sorts of special rights that Kymlicka thinks they are entitled (...) to demand. (shrink)

To a large extent, the differences between my four interlocutors and me have more to do with the way we choose to frame a question or approach a problem than with substantive disagreements. In her discussion of temporary workers and the brain drain, Gillian Brock implicitly assumes a different background framework of moral responsibility from the one I adopt in my book. Similarly, Cécile Fabre asks important questions about the intersection of immigration and criminal justice, but ones that I chose (...) not to pursue in quite the same way or, in some cases, at all. Matthias Risse says that political theory should be ‘action-guiding’, and I try to problematize that claim, at least to the extent that it limits the questions we can ask. Finally, I applaud the attention that Sarah Song brings to the link between political community and social membership but resist her suggestion that this shows that political community is more fundamental than social membership. I also suggest the need to clarify further the limits to democratic self-determination. (shrink)

Moral philosophers are fond of the dictum “ought implies can” and even deontologists normally admit the need to take account of consequences in the design of social institutions. Too often, however, philosophers fail to take advantage of the knowledge provided by the social sciences about the constraints and consequences of alternative forms of social organization. By discussing ideals in abstraction from the problems of institutionalization, they fail at least to see some of the important consequences and costs of a proposed (...) ideal, and sometimes they fail even to understand the ideal itself. (shrink)

Este artículo quiere ofrecer una visión general de lo que la justicia demanda respecto a la admisión de inmigrantes en Europa y en América del Norte si se aceptan dos presupuestos generales: un derecho general de los Estados a controlar la inmigración y el compromiso con los principios liberal-democráticos. El artículo argumenta que los Estados están moralmente constreñidos en cuanto a los tipos de criterios que pueden utilizar para excluir y seleccionar inmigrantes. En particular, normalmente no pueden utilizar criterios raciales (...) o étnicos en la selección. Más aún, los Estados tienen la obligación de admitir como inmigrantes a los parientes cercanos , o a los ya ciudadanos, a los residentes permanentes y tienen la obligación de aceptar a los refugiados que solicitan asilo. (shrink)

Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.