Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question.

The mass movement of people across the globe constitutes a major feature of world politics today. -/- Whatever the cause of the movement - often war, famine, economic hardship, political repression or climate change - the governments of western capitalist states see this 'torrent of people in flight' as a serious threat to their stability and the scale of this migration indicates a need for a radical re-thinking of both political theory and practice, for the sake of political, social and (...) economic justice. -/- This book argues that there is at present a serious gap between the legal and social practices of immigration and naturalisation in liberal democratic states and any theoretical justification for such practices that can be made within the tradition of liberal political philosophy. How can liberal states develop institutions of democratic citizenship and at the same time justifiably exclude 'outsiders' from participating in those institutions? The book examines various responses to this contradiction within the liberal tradition, and finds none of them satisfactory - there are no consistently liberal justifications for immigration control and this has serious implications both for liberal practice and theory. (shrink)

Terrorism, torture, and the problems of evil -- Diabolical evil, searching for Satan -- Philosophies of evil -- Communities of fear -- The enemy within -- Bad seeds -- The character of evil -- Facing the Holocaust -- Twenty-first-century mythologies.

In this paper I re-state the egalitarian argument against the morality of immigration controls: such limits violate the central ethical commitment to moral equality. This means that immigration controls fail a fundamental moral test and represent the ethical failure of the liberal project of moral equality. I set this re-statement against recent arguments about what moral equality means, specifically Christopher Heath Wellman's use of Elizabeth Anderson's notion of relational equality. Wellman believes that Anderson's ideas seriously damage the egalitarian argument, but (...) I argue that this is a misreading of her account. I conclude that any liberal attempt to morally justify immigration controls must fail through committing the basic logical error of ‘begging the question’. (shrink)

In this essay, I examine the concept of the refugee within the context of liberal political theory. The argument is that the refugee is displaced both in political practice and political theory – theory has a topology, and inside and an outside, such that even if the refugee as a concept does enter within its boundaries it does so as a marginal figure, constructed as problematic. However, liberal political also has a topography when it comes to the refugee question – (...) it is not just insider theory, but theory constructed within a particular kind of state in a particular location in the world. This means the extent to which liberal political theory can answer the refugee question is limited. The main challenge for theory, I argue, is not to come up with an answer to the refugee question, but to construct a context within which the refugee is an equal participant in the process of arriving at an answer. (shrink)

In December 2007 it was revealed that the British government is considering the exclusion of certain groups of migrants—those considered to be present “illegally”—from primary health care provided by the National Health Service. At present, practitioners have discretion to accept any individual for NHS treatment regardless of their status. A joint Home Office and Department of Health review is examining this access for foreign nationals, and the likely outcome is the restriction of access to irregular migrants, which would, according to (...) the Institute of Public Policy Research, affect around 390,000 people. In 2004 such groups were excluded from NHS secondary care, most controversially from treatment for HIV, and so the present proposal would bar them from all but emergency health treatment. (shrink)

abstract In her critique of the social model of disability, Lorella Terzi argues that it over‐socialises disability, and that some kind of connection must be made between disability and bodily impairment. In this paper I argue that, far from over‐socialising disability, the social model does not go far enough. The important contribution of the social model is that it politicises disability. I argue that bodily impairment must itself be politicised, and the insights of the social model should be extended to (...) the body itself. (shrink)

Carens’ book covers a wide range of issues concerning the ethics of immigration, and although he is best known as a theorist of open borders that argument takes up a relatively small part of the book, and is indeed a small part of his writing on immigration. In this essay, I examine the relationship the radical arguments for open borders, and the more contextual arguments about specific issues such as birthright citizenship, naturalisation and temporary workers which fall short of that (...) radical position. This relationship is complex, and reveals that, although this is a highly readable and accessible book, it rests upon a highly complex method of doing political theory. I critically examine that method and look at the problems it raises for the relationship with political theory and activism. I ask what role the radical arguments for open borders are supposed to play in the public sphere, and, in the end, what role political theorists are supposed to play in that sphere. (shrink)

The idea of the “nation” has played only a small role in modern political philosophy because of its apparent irrationalism and amoralism. David Miller, however, sets out to show that these charges can be overcome: nationality is a rational element of one’s cultural identity, and nations are genuinely ethical communities. In this paper I argue that his project fails. The defence against the charge of irrationalism fails because Miller works within a framework of ethical particularism which leads to a position (...) of metaethical relativism. A consequence of this relativism is that a community’s moral principles and boundaries of exclusion cannot be rationally justified to those constructed as “outsiders”. The defence against the charge of amoralism fails because Miller does not so much provide an argument to show that nations are ethical communities as assume they are; we are therefore left without resources to discriminate between ethical and unethical nations. I apply these problems to Miller’s treatment of the question of immigration, arguing that it shows that his version of “liberal” nationalism has a tendency to collapse towards a conservative position on such issues. This should not give us any great confidence that the nation, as Miller presents it, should be embraced by modern political philosophy. (shrink)

‘Framing the Refugee’ looks at the power of representation of liberal political theory with regard to refugees. In the author’s view, legal and political arbitrariness lies in the representing of refugees as lacking agency. His key point is that liberalism fails to conceive of refugees as politically capable actors, and he is thus complicit in the arbitrary neutralisation of their emancipatory potential and participatory powers. This paper emphasises the moral justifiability of that state of affairs by seeking some answers to (...) the question of why liberal political theory construes a concept of the refugee that does not contain any element of political agency. Most obviously, the author acknowledges that refugees perform a significant social role in contemporary societies and are hence active members in them. Nonetheless, they remain neglected in their political role by most political theory. What does it mean to have political agency for the author? It means to have the power of self-representation, that is, of being allowed and even enabled by a given legal system to bring about change in the political order, or at least to participate in that change. But the author also calls attention to the role of ‘theory’ in addressing this downside of the contemporary liberal democratic order. Theory becomes even more crucial at times of urgency, that is, when theorists have a moral responsibility to deepen their philosophical imagination, as Hannah Arendt so forcefully noted. The theoretical task of ‘re-framing’ the refugee entails reconfiguring political philosophy and its traditional categories of sovereignty, citizenship and nationality. The liberal inability to accommodate the political agency of many members of the political community – especially of non-nationals – is a sign of the historical contingency of the current rules of political membership. This inability makes evident the imperative of rethinking politics in ways that avoid the arbitrariness of treatment and aim instead at equality and justice. If political leaders can re-write the rules of membership to suit their own ideological agendas, the same demand should be addressed by – indeed demanded from – political and legal theorists. However, this is not as easy as it seems, according to the author. In his view, political theory is confronted with fundamental challenges, the most obvious one being that ‘theory’ is usually unequipped to defeat its own ‘topology’. Note that in saying this the author is raising a more pressing concern about arbitrary law-making: it may be that arbitrariness – especially the arbitrary treatment of aliens by the sovereign state and by liberal democracies in particular – is inscribed in the very DNA of liberalism. No matter how odd this may seem, the author advances the view that ideas, however creative of a new order, or transformative of a given status quo, never appear in "free form", and are instead deeply rooted in a structure that constrains our imagination. The challenge is thus to develop a meta-theory that reconceptualises the very way liberal political theory frames marginalised sectors of society – such as the "poor" – as a product of an international economic order that robs those sectors of their agency as the very condition of its internal functioning. We must therefore question how the very idea of the refugee is produced, because it symbolises the construction of an inside and an outside that is complicit with the arbitrary play of legal statuses involved in migration policy. The author’s main point regarding this is that certain groups are sidelined by economic, political and social systems because they are already excluded from theoretical systems to start with. Keywords: refugees, agency, political theory, migration. (shrink)

A body of work has emerged in political philosophy which can be termed ‘the ethics of migration’. Within that literature, there has been an increased focus on issues of displacement and protection...

Liberal theories of social justicefocus predominantly on the national, ratherthan international, level, and where they doaddress international concerns they insist thatprinciples of justice at the national levelhave priority over principles at theinternational level. We question the coherenceof this arrangement, given liberal theory'scommitment to moral equality of persons as suchrather than to that of particular sets of persons. What isat issue is whether liberal theory can providea coherent basis for international justice atall. If it is to do so, we suggest that (...) it mustbe prepared to theorise beyond the nationstate, and to take a historical perspectivewhich takes into account the ways in whichcolonial power and exploitation have given riseto the problems of international justice weface today. (shrink)

ABSTRACT Liberal political philosophy has little of interest to say about the social liberty of the physically disabled. It accepts that the physically disabled and the able‐bodied are equally at liberty, even though the former can do far less than the latter; and it concludes that there are no interesting political statements we can make about their situation. In this essay, I assume that the physically disabled are unfree, not merely unable, to use public facilities which do not take their (...) disability into account, thereby excluding them. I criticise liberal theories of liberty by exposing and questioning the assumptions which entail the liberal theorist's rejecting this claim. I conclude that there is a form of negative liberty which does enable the liberal theorist to make political statements about the freedom of the disabled [1]. (shrink)