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Matthew Lister [22]Matthew J. Lister [14]
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  1. “Dreamers” and Others: Immigration Protests, Enforcement, and Civil Disobedience.Matthew J. Lister - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):15-17.
    In this short paper I hope to use some ideas drawn from the theory and practice of civil disobedience to address one of the most difficult questions in immigration theory, one rarely addressed by philosophers or other theorists working on the topic: How should we respond to people who violate immigration law? I will start with what I take to be the easiest case for my approach—that of so-called “Dreamers”—unauthorized immigrants in the US who were brought to this country while (...)
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  2. Climate Change Refugees.Matthew Lister - 2014 - Critical Review of International Social and Political Philosophy 17 (5):618-634.
    Under the UNHCR definition of a refugee, set out in the 1967 Protocol Relating to the Status of Refugees, people fleeing their homes because of natural disasters or other environmental problems do not qualify for refugee status and the protection that come from such status. In a recent paper, "Who Are Refugees?", I defended the essentials of the UNHCR definition on the grounds that refugee status and protection is best reserved for people who can only be helped by granting them (...)
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  3. Immigration, Association, and the Family.Matthew Lister - 2010 - Law and Philosophy 29 (6):717-745.
    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 (...)
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  4.  7
    What Role for the State? (And a Comment on the Common Good).Matthew J. Lister - 2019 - Australasian Journal of Legal Philosophy 44 (1):124-132.
    In his _Natural Law and the Nature of Law_, Jonathan Crowe has written an important and interesting book, one that should be read by people interested in jurisprudence, ethics, and political philosophy. Its distinctive strength is in the way Crowe shows how much can be done within a natural law framework that does not assume a theological background. A distinctive feature of Crowe's approach to natural law, one that distinguishes it from other well-known approaches, is its argument that only a (...)
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  5. Introduction: Symposium on Paul Gowder, the Rule of Law in the Real World.Matthew J. Lister - 2018 - St. Louis University Law Journal 62 (2):287-91.
    This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.
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  6.  40
    The Rights of Families and Children at the Border.Matthew J. Lister - 2018 - In Philosophical Foundations of Children's and Family Law. pp. 153-170.
    Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregular migrants or others without proper immigration standing (...)
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  7.  51
    The Place of Persecution and Non-State Action in Refugee Protection.Matthew Lister - 2016 - In Alex Sager (ed.), The Ethics and Politics of Immigration: Core Issues and Emerging Trends. Lanham, MD, USA: Rowman & Littlefield. pp. 45-60.
    Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy or (...)
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  8.  12
    Enforcing Immigration Law.Matthew Lister - 2020 - Philosophy Compass 15 (3).
    Over the last few years, an increasingly sophisticated literature devoted to normative questions arising out of the enforcement of immigration law had developed. In this essay, I consider what sorts of constraints considerations of justice and legitimacy may place on the enforcement of immigration law, even if we assume that states have significant discretion in setting their own immigration policies, and that open borders are not required by justice. I consider constraints placed on state or national governments, constraints on enforcement (...)
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  9. Well-Ordered Science: The Case of GM Crops.Matthew Lister - 2007 - Journal of Philosophical Research 32 (Supplement):127-139.
    The debate over the use of genetically-modified crops is one where the heat to light ratio is often quite low. Both proponents and opponents of GM crops often resort more to rhetoric than argument. This paper attempts to use Philip Kitcher’s idea of a “well-ordered science” to bring coherence to the debate. While I cannot, of course, here decide when and where, if at all, GM crops should be used I do show how Kitcher’s approach provides a useful framework in (...)
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  10.  71
    There is No Human Right to Democracy. But May We Promote It Anyway?Matthew Lister - 2012 - Stanford Journal of International Law 48 (2):257.
    The idea of “promoting democracy” is one that goes in and out of favor. With the advent of the so-called “Arab Spring”, the idea of promoting democracy abroad has come up for discussion once again. Yet an important recent line of thinking about human rights, starting with John Rawls’s book The Law of Peoples, has held that there is no human right to democracy, and that nondemocratic states that respect human rights should be “beyond reproach” in the realm of international (...)
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  11.  30
    Citizenship, in the Immigration Context.Matthew Lister - 2010 - University of Maryland Law Review 70:175.
    Many international law scholars have begun to argue that the modern world is experiencing a "decline of citizenship," and that citizenship is no longer an important normative category. On the contrary, this paper argues that citizenship remains an important category and, consequently, one that implicates considerations of justice. I articulate and defend a "civic" notion of citizenship, one based explicitly on political values rather than shared demographic features like nationality, race, or culture. I use this premise to argue that a (...)
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  12.  34
    Self-Determination, Dissent, and the Problem of Population Transfers.Matthew Lister - 2016 - In Fernando R. Tesón (ed.), The Theory of Self-Determination. Cambridge University Press. pp. 145-165.
    Many of the major self-determination movements of the 20th and early 21st Centuries did not go smoothly, but resulted in forced or semi-forced transfers of groups of people from one country to another. Forced population transfers are not, of course, supported by major theorists of self-determination and secession. However, the problems that make population transfers extremely common in actual cases of self-determination and secession, are not squarely faced in many theories of self-determination. And, I shall argue, certain leading theories of (...)
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  13.  51
    The Legitimating Role of Consent in International Law.Matthew Lister - 2011 - Chicago Journal of International Law 11 (2).
    According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is a (...)
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  14. Review of Carl Knight, Luck Egalitarianism. [REVIEW]Matthew Lister - 2012 - Journal of Moral Philosophy 9 (1):127-30.
  15. Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW]Matthew Lister - 2010 - Concurring Opinions Blog:1.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.
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  16.  11
    Contract, Treaty, and Sovereignty.Matthew J. Lister - 2019 - In Claire Oakes Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority. New York, NY, USA: pp. 283-307.
    It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject genetically (...)
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  17.  51
    Applied Political and Legal Philosophy.Michelle Madden Dempsey & Matthew J. Lister - 2017 - In Kimberley Brownlee, Tony Coady & Kasper Lippert-Rasmussen (eds.), The Blackwell Companion to Applied Philosophy. Oxford: Wiley-Blackwell. pp. 313-327.
    This chapter examines three approaches to applied political and legal philosophy: Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy directly addressed to policy-makers, with the goal of bringing about a particular outcome, and measures success in terms of whether it makes a direct causal contribution to that goal. Finally, conceptual activism (like standard activism), primarily (...)
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  18.  84
    John Corvino and Maggie Gallagher: Debating Same-Sex Marriage: Oxford University Press, 2012, 281 Pp, $16.95 , ISBN: 9780199756315.Matthew Lister - 2015 - Criminal Law and Philosophy 9 (4):727-735.
  19. Four Entries for the Rawls Lexicon: Charles Beitz, H.L.A. Hart, Citizen, Sovereignty.Matthew Lister - 2015 - In Jon Mandle & David Reidy (eds.), The Cambridge Rawls Lexicon. Cambridge University Press.
    These are for entries for _The Cambridge Rawls Lexicon_, edited by Jon Mandle and David Reidy, on H.L.A. Hart, Charles Beitz, Sovereignty, and Citizen.
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  20.  49
    Justice and Temporary Labor Migration.Matthew J. Lister - 2014 - Georgetown Immigration Law Review 29:95.
    Temporary labor migration programs have been among the most controversial topics in discussions of immigration reform. They have been opposed by many, perhaps most, academics writing on immigration, by immigration reform activists, and by organized labor. This opposition has not been without some good reasons, as many historical temporary labor migration programs have led to significant injustice and abuse. However, in this paper I argue that a well-crafted temporary labor migration program is both compatible with liberal principles of justice and (...)
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  21.  60
    Review of Defeasibility in Philosophy: Knowledge, Agency, Responsibility, and the Law; Claudia Blöser, Mikael Janvid, Hannes Ole Matthiessen, and Marcus Willaschek (Eds.). [REVIEW]Matthew Lister - 2014 - Notre Dame Philosophical Reviews 2014.
    This volume is based on papers presented at a conference on defeasibility in ethics, epistemology, law, and logic that took place at the Goethe University in Frankfurt in 2010. The subtitle (“Knowledge, Agency, Responsibility, and the Law”) better reflects the content than does the title of the original conference. None of the papers focuses directly or primarily on defeasible reasoning in logic, though a few touch on this indirectly. Nor are the papers evenly split among the topics. Six are primarily (...)
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  22.  61
    Empirical Desert, Individual Prevention, and Limiting Retributivism: A Reply.Paul Robinson, Joshua S. Barton & Matthew J. Lister - 2014 - New Criminal Law Review 17 (2):312-375.
    A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and (...)
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  23.  71
    Review of Gerald Gaus, The Order of Public Reason. [REVIEW]Matthew Lister - 2011 - Notre Dame Philosophical Review.
  24.  12
    Can the Rule of Law Apply at the Border?: A Commentary on Paul Gowder’s the Rule of Law in the Real World.Matthew J. Lister - 2018 - Saint Louis University Law Journal 62 (2):332-32.
    The border is an area where the rule of law has often found difficulty taking root, existing as law-free zones characterized by largely unbounded legal and administrative discretion. In his important new book, The Rule of Law in the Real World, Paul Gowder deftly combines historical examples, formal models, legal analysis, and philosophical theory to provide a novel and compelling account of the rule of law. In this paper I consider whether the account Gowder offers can provide the tools needed (...)
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  25.  15
    A Tax-Credit Approach to Addressing Brain Drain.Matthew J. Lister - 2017 - Saint Louis University Law Journal 62 (1):73-84.
    This paper proposes a novel use of tax policy to address one of the most pressing issues arising from economic globalization and international migration, that of “brain drain” – in particular, the migration of certain skilled and highly trained or educated professionals from less and least developed countries to wealthy “western” countries. This problem is perhaps most pressing in relation to doctors, nurses, and other medical professionals, but exists also for teachers, lawyers, economists, engineers, and other highly skilled or trained (...)
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  26.  62
    Review of Sovereignty’s Promise: The State as Fiduciary by Evan Fox-Decent. [REVIEW]Matthew Lister - 2012 - Ethics 123 (1):150-4.
    In Sovereignty’s Promise: The State as Fiduciary, Evan Fox-Decent uses the idea of fiduciary relationships to explain the legitimate exercise of governmental authority. He makes use of the idea of the state as a fiduciary for the people to ground an account of the duty to obey the law, to explain the proper relationships between colonial (or “settler”) societies and aboriginal populations, the role of agency discretion and judicial review in the administrative state, the rule of law, the relationship between (...)
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  27.  53
    Review of Corvino and Gallagher, Debating Same-Sex Marriage[REVIEW]Matthew Lister - 2015 - Criminal Law and Philosophy 9 (4):727-735.
    With the recent U.S. Supreme Court cases finding the Defense of Marriage Act unconstitutional and removing impediments to same-sex marriage in California,as well as a number of recent successes in special elections and with legislators inthe U.S. and other countries, we might wonder whether there is still need for a book debating same-sex marriage. Is not the tide of history inevitably movingtowards marriage equality? While that position seems tempting, it is too quick.
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  28.  57
    The Use and Abuse of Presumptions: Some Comments on Dempsey on Finnis.Matthew Lister - 2012 - Villanova Law Review 57:485.
    This paper is a short commentary on Michelle Dempsey's contribution to a symposium on the work of John Finnis which took place at Villanova Law School in the fall of 2011. It focuses on Finnis's claim that there is a presumptive obligation to obey the law and some worries that Dempsey raises against this claim. It is forthcoming, along with several other papers from the symposium, in the Villanova Law Review.
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  29.  40
    Book ReviewsFox-Decent, Evan. Sovereignty’s Promise: The State as Fiduciary.Oxford: Oxford University Press, 2011. Pp. 283. $99.00. [REVIEW]Matthew Lister - 2012 - Ethics 123 (1):150-154.
  30.  57
    A Rawlsian Argument for Extending Family-Based Immigration Benefits to Same-Sex Couples.Matthew J. Lister - 2007 - University of Memphis Law Review 37 (Summer):763-764.
    In this paper I argue that anyone who accepts a Rawlsian account of justice should favor granting family-based immigration benefit to same-sex couples. I first provide a brief over-view of the most relevant aspects of Rawls's position, Justice as Fairness. I then explain why family-based immigration benefits are an important topic and one that everyone interested in immigration and justice must consider. I then show how same-sex couples are currently systematically excluded from the benefits that flow from family-based immigration rights. (...)
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  31.  7
    Law and Institutional Legitimacy in the Practice of Human Rights.Matthew Lister - 2017 - Law and Philosophy 36 (2):155-168.
    The Heart of Human Rights develops an account of human rights as legal entities that serve important moral purposes in a legitimate international human rights practice. This paper examines Allen Buchanan’s general concept of institutional legitimacy and aims to expand that concept by emphasizing its connection with several ideas developed in the book about the nature and function of a system of international human rights. When it incorporates those ideas, Buchanan’s ‘Metacoordination View’ can be seen to set a standard of (...)
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  32.  35
    Gang-Related Asylum Claims: An Overview and Prescription.Matthew J. Lister - 2008 - University of Memphis Law Review 38 (4).
    Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reasons that are not, (...)
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  33.  23
    Are Institutions and Empiricism Enough? [REVIEW]Matthew J. Lister - 2011 - Transnational Legal Theory 2 (1).
    Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan's recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I (...)
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  34.  18
    Criminal Law Conversations: "Desert: Empirical, Not Metaphysical" and "Contractualism and the Sharing of Wrongs".Matthew Lister - 2009 - In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.
    Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.
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  35.  3
    A Social Practice Prioritarian Response to Allen Buchanan’s The Heart of Human Rights.Matthew Lister - 2017 - Law and Philosophy 36 (2):121-133.
    Allen Buchanan’s ‘The Heart of Human Rights’ addresses the moral justification of the international legal human rights system. Buchanan identifies two functions of the ILHRS: a well-being function and a status egalitarian function. Because Buchanan assumes that the well-being function is sufficientarian, he augments it with a status egalitarian function. However, if the well-being function is utilitarian or prioritarian, there is no need for a separate status egalitarian function, because the status egalitarian function can be subsumed by the utilitarian or (...)
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  36. Philosophical Foundations for Complementary Protection.Matthew J. Lister - 2020 - In David Miller & Christine Straehle (eds.), The Political Philosophy of Refuge. Cambridge, UK: Cambridge University Press. pp. 211-231.
    A Significant percentage of the people outside their country of citizenship or residence who are unable to meet their basic needs on their own, and need international protection, do not fall under the definition set out in the UN Refugee Convention. This has led many - both academic commentators and activists - to call for a new, expanded refugee definition, preferably backed up by a new, binding, international convention. In earlier work I have resisted this call, arguing that there is (...)
     
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