Accessible Unlicensed Requires Authentication Published by De Gruyter March 13, 2019

Which Borders?

Luke Maring

Abstract

The best arguments for a nation-state’s right to exclude unwanted outsiders actually condemn nation-level regimes of restriction. Two argumentative steps lead to this conclusion. The first points out that the best arguments for exclusion generalize: if they show that nation-states have the right to exclude, they perform the same service for a great many towns, cities, subnational states, and provinces. The second step constructs a dilemma. The right to exclude is important enough to justify the suffering of would-be immigrants, or it is not. If it is, the right to exclude is very important indeed–would-be immigrants often suffer grievously. But nation-level regimes would then be a serious moral problem: they would deprive a great many municipalities of a right that matters a great deal. Turning to the dilemma’s second horn, if the right to exclude is not important enough to justify the suffering of would-be immigrants, nation-level regimes are straightforwardly immoral. Either way, we arrive at this paper’s central thesis: the best arguments for a nation-states right to exclude actually condemn nation-level regimes of exclusion.

References

Abizadeh, A. (2008). ‘Democratic Legitimacy and Border Coercion: No Right to Unilaterally Control Your Own Borders’, Political Theory 36 (1): 37–65.Search in Google Scholar

Abizadeh, A. (2010). ‘Democratic Theory and Border Coercion: Reply to Miller’, Political Theory 38 (1): 121–130.Search in Google Scholar

Blake, M. (2013). ‘Immigration, Jurisdiction, and Exclusion’, Philosophy and Public Affairs 41 (2): 103–130.Search in Google Scholar

Carens, J. (1992). ‘Migration and Morality’, in R. Goodin and B. Barry (eds.). Free Movement: Ethical Issues in the Transnational Migration of People and Money (New York: University of Pennsylvania Press), pp. 25–47.Search in Google Scholar

Exdell, J. (2009). ‘Immigration, Nationalism, and Human Rights’, Metaphilosophy 40: 131–146.Search in Google Scholar

Grey, C. (2013). ‘Review of Ryan Pevnick Immigration and the Constraints of Justice’, University of Toronto Law Journal 63 (3): 516–526.Search in Google Scholar

Hidalgo, J. (2014). ‘Immigration Restrictions and the Right to Avoid Unwanted Obligations’, Journal of Ethics and Social Philosophy 8 (2).Search in Google Scholar

Hudson, J. (2011). ‘Review of Ryan Pevnick Immigration and the Constraints of Justice,’ Notre Dame Philosophical Reviews: .Search in Google Scholar

Miller, D. (1995). On Nationality (New York: Oxford University Press).Search in Google Scholar

Miller, D. (2005). ‘The Case for Limits’, in A. Cohen and C. Wellman (eds.). Contemporary Debates in Applied Ethics (Wiley-Blackwell), pp. 193–206.Search in Google Scholar

Miller, D. (2010). ‘Why Immigration Controls are Not Coercive: A Reply to Arash Abizadeh’, Political Theory 38 (1): 111–120.Search in Google Scholar

Miller, D. (2013). ‘Border Regimes and Human Rights’, Law and Ethics of Human Rights 7 (1): 1–23.Search in Google Scholar

Miller, D. (2016). Strangers in Our Midst (Cambridge: Harvard University Press).Search in Google Scholar

Pevnick, R. (2009). ‘Social Trust and the Ethics of Immigration Policy’, The Journal of Political Philosophy 17 (2): 147–167.Search in Google Scholar

Pevnick, R. (2011). Immigration and the Constraints of Justice (Cambridge: Cambridge University Press).Search in Google Scholar

Philpott, D. (2016). ‘Sovereignty’, in E. Zalta (ed.). The Stanford Encyclopedia of Philosophy, .Search in Google Scholar

Sandelind, C. (2013). ‘Territorial Rights and Open Borders’, Critical Review of International Social and Political Philosophy 18 (5): 487–507.Search in Google Scholar

Wellman, C. (2008). ‘Immigration and Freedom of Association’, Ethics 119: 109–141.Search in Google Scholar

Wellman, C. (2015). ‘Immigration’, in E. Zalta (ed.). The Stanford Encyclopedia of Philosophy, .Search in Google Scholar

Wellman, C. (2016). ‘Freedom of Movement and the Rights to Enter an Exit’, in S. Fine and L. Ypi (eds.). Migration in Political Theory: The Ethics of Movement and Membership (NY: Oxford University Press), pp. 80–104.Search in Google Scholar

Whelan, F. (1998). ‘Citizenship and Freedom of Movement: An Open Admissions Policy?’, in M. Gibney (ed.). Open Borders? Closed Societies? the Ethical and Political Issues (London: Greenwood Press), pp. 3–39.Search in Google Scholar

Published Online: 2019-03-13
Published in Print: 2019-05-27

© 2019 Walter de Gruyter GmbH, Berlin/Boston