Accessible Unlicensed Requires Authentication Published by De Gruyter March 8, 2016

Brain Drain, Contracts, and Moral Obligation

Daniel Edward Callies

Abstract

In this paper I first argue that when answering the question of whether or not governments may restrict emigration, Brock and Blake are staking out positions not astronomically far from one another. Despite the ostensibly large philosophical gap between the two, both think that certain governments may restrict emigration when such restriction is agreed to in a morally binding contract. Secondly, both authors think that there are specific “circumstances” or “conditions” under which a contract that restricts emigration can be morally binding. This second part of the paper will pose some questions that explore these various circumstances or conditions. The ultimate aim of the paper is to help point the debate in the right direction so as to further develop an answer to the question of whether or not governments may restrict emigration.

Funding source: DFG funded Cluster of Excellence “Normative Orders” at Goethe University Frankfurt am Main

Award Identifier / Grant number: Goethe University Frankfurt am Main

Funding statement: This publication was supported by the DFG funded Cluster of Excellence “Normative Orders” at Goethe University Frankfurt am Main.

References

Brock, G., and Blake, M. (2015). Debating Brain Drain: May Governments Restrict Emigration? (Oxford ; New York: Oxford University Press).Search in Google Scholar

Buchanan, A. (2003). Justice, Legitimacy, and Self-Determination (Oxford: Oxford University Press).Search in Google Scholar

Doyle, M. W. (2006). “One World, Many Peoples: International Justice in John Rawls’s the Law of Peoples.” Perspectives on Politics 4(1): 109–120.Search in Google Scholar

Eyal, N. (2012). “Informed Consent”, The Stanford Encyclopedia of Philosophy (Fall 2012), http://plato.stanford.edu/archives/fall2012/entries/informed-consent/ (accessed on 12th August, 2015).Search in Google Scholar

New Jersey Supreme Court. (1988). “Matter of Baby M,” http://law.justia.com/cases/new-jersey/supreme-court/1988/109-n-j-396-1.html (accessed on 12th August, 2015)Search in Google Scholar

Rawls, J. (1999). A Theory of Justice (Rev. ed). (Cambridge, MA: Belknap Press of Harvard University Press).Search in Google Scholar

Rawls, J. (2005). Political Liberalism (Expanded ed). (New York: Columbia University Press).Search in Google Scholar

Simmons, A. J. (1979). Moral Principles and Political Obligations (Princeton, NJ: Princeton University Press).Search in Google Scholar

Scharpf, Fritz. (1999). Governing in Europe: Effective and Democratic? (Oxford: Oxford University Press).Search in Google Scholar

Published Online: 2016-3-8
Published in Print: 2016-4-1

©2016 by De Gruyter