Debating the Ethics of Immigration

Author: Christopher Heath Wellman
Publisher: OUP USA
ISBN: 0199731721
Format: PDF, ePub
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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. Appealing to the right to freedom of association, Wellman contends that legitimate states have broad discretion to exclude potential immigrants, even those who desperately seek to enter. Against this, Cole argues that the commitment to the moral equality of all human beings - which legitimate states can be expected to hold - means national borders must be open: equal respect requires equal access, both to territory and membership; and that the idea of open borders is less radical than it seems when we consider how many territorial and community boundaries have this open nature. In addition to engaging with each other's arguments, Wellman and Cole address a range of central questions and prominent positions on this topic. The authors therefore provide a critical overview of the major contributions to the ethics of migration, as well as developing original, provocative positions of their own.

The Ethics of Immigration

Author: Joseph Carens
Publisher: Oxford University Press
ISBN: 0199986967
Format: PDF, ePub, Mobi
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In The Ethics of Immigration, Joseph Carens synthesizes a lifetime of work to explore and illuminate one of the most pressing issues of our time. Immigration poses practical problems for western democracies and also challenges the ways in which people in democracies think about citizenship and belonging, about rights and responsibilities, and about freedom and equality. Carens begins by focusing on current immigration controversies in North America and Europe about access to citizenship, the integration of immigrants, temporary workers, irregular migrants and the admission of family members and refugees. Working within the moral framework provided by liberal democratic values, he argues that some of the practices of democratic states in these areas are morally defensible, while others need to be reformed. In the last part of the book he moves beyond the currently feasible to ask questions about immigration from a more fundamental perspective. He argues that democratic values of freedom and equality ultimately entail a commitment to open borders. Only in a world of open borders, he contends, will we live up to our most basic principles. Many will not agree with some of Carens' claims, especially his controversial conclusion, but none will be able to dismiss his views lightly. Powerfully argued by one of the world's leading political philosophers on the issue, The Ethics of Immigration is a landmark work on one of the most important global social trends of our era.

Justice and Authority in Immigration Law

Author: Colin Grey
Publisher: Bloomsbury Publishing
ISBN: 1782258914
Format: PDF, ePub, Docs
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This book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated. It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.

Children at the Borders

Author: Jonathan Josefsson
Publisher: Linköping University Electronic Press
ISBN: 917685602X
Format: PDF, Docs
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[eng] In the wake of a steady flow of child migrants attempting to cross borders and states’ efforts to restrict immigration, various public controversies have arisen about the rights of asylum-seeking children. The ‘moral gap’ between the outcome of democratically enacted laws and the aim of controlling immigration, on the one hand, and public calls to protect the universal rights of asylum seeking children, on the other, have created a political challenge for Western democracies. This thesis sets out to examine two particular settings in which norms about the rights of asylum-seeking children and immigration control have been established and contested over the years: the Swedish Migration Court of Appeal and Sweden’s largest morning paper, Dagens Nyheter. It combines empirically oriented analysis with theoretical enquiry, and it brings the issue of the rights of asylumseeking children into dialogue with the contemporary political-philosophical debate about membership, rights and borders. [swe] I kölvattnet av en stadig ström av barn som migrerar över statsgränser har medial rapportering, protester och offentliga diskussioner aktualiserat frågor om asylsökande barns rättigheter. Det ”moraliska glappet” mellan tillämpningen av demokratiskt stiftade lagar i syfte att reglera invandringen,å ena sidan, och offentliga krav på att skydda universella rättigheter för asylsökande barn, å andra sidan, har växt fram som en samtida utmaning för demokratiska stater att hantera. I denna avhandling undersöks två specifika arenor där normer om asylsökande barns rättigheter och immigrationskontroll har etablerats och ifrågasatts under de senaste åren; den svenska Migrationsöverdomstolen och Sveriges största morgontidning, Dagens Nyheter. Avhandlingen kombinerar empiriska analyser med teoretiska undersökningar om asylsökande barns rättigheter i dialog med en samtida politisk filosofisk diskussion om medlemskap, rättigheter och gränser.

When Humans Become Migrants

Author: Marie-Bénédicte Dembour
Publisher: Oxford University Press, USA
ISBN: 0199667845
Format: PDF, ePub, Mobi
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The treatment of migrants is one of the most challenging issues that human rights, as a political philosophy, faces today. It has increasingly become a contentious issue for many governments and international organizations around the world. The controversies surrounding immigration can lead to practices at odds with the ethical message embodied in the concept of human rights, and the notion of 'migrants' as a group which should be treated in a distinct manner. This book examines the way in which two institutions tasked with ensuring the protection of human rights, the European Court of Human Rights and Inter-American Court of Human Rights, treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then, but only as a second step in its reasoning, as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants first as human beings, and secondly as foreigners (if they are). Dembour argues therefore that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to this issue. The book shows how these trends formed at the courts, and assesses whether their approaches have changed over time. It also assesses in detail the issue of the detention of irregular migrants. Ultimately it analyses whether the divergence in the case law of the two courts is likely to continue, or whether they could potentially adopt a more unified practice.

The Law and Practice of Expulsion and Exclusion from the United Kingdom

Author: Eric Fripp
Publisher: Bloomsbury Publishing
ISBN: 1782255494
Format: PDF, Kindle
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Resort by the state to measures of exclusion and expulsion from the territory of the UK and/or from British citizenship have multiplied over the past decade, following the so-called 'War on Terror', increased globalisation, and the growing politicisation of national policies concerning immigration and citizenship. This book, which focuses on the law and practice governing deportation, removal and exclusion from the UK, the denial of British citizenship, and deprivation of that citizenship, represents the first attempt by practitioners to provide a cohesive assessment of UK law and practice in these areas. The undertaking is a vital one because, whilst these areas of law and practice have long existed as the hard edge of immigration and nationality laws, in recent years the use of some powers in this area has greatly increased and such powers have arguably expanded beyond secondary existence as mere mechanisms of enforcement. The body of law, practice and policy created by this process is one which justifies treatment as a primary concern for public lawyers. The book provides a comprehensive analysis of the law in these areas and its background. This involves a consideration of interlocking international and regional rights instruments, EU law and the domestic regime. It is a clear and comprehensive everyday guide for practitioners and offers an invaluable insight into likely developments in this dynamic area of public law. '...deserves to be on the bookshelves of all those who seek to practise within this carefully defined area of immigration and nationality law.' From the Foreword by Lord Hope of Craighead KT

In Whose Name

Author: Armin von Bogdandy
Publisher: OUP Oxford
ISBN: 0191026956
Format: PDF, Kindle
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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

Strangers in Our Midst

Author: David Miller Miller
Publisher: Harvard University Press
ISBN: 0674969804
Format: PDF, ePub
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How should democracies respond to the millions who want to settle in their societies? David Miller’s analysis reframes immigration as a question of political philosophy. Acknowledging the impact on host countries, he defends the right of states to control their borders and decide the future size, shape, and cultural make-up of their populations.

The Moral and Political Philosophy of Immigration

Author: José Jorge Mendoza
Publisher: Lexington Books
ISBN: 1498508529
Format: PDF, Docs
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José Jorge Mendoza argues that the difficulty with resolving the issue of immigration is primarily a conflict over competing moral and political principles and is, at its core, a problem of philosophy. This book brings into dialogue various contemporary philosophical texts that deal with immigration to provide some normative guidance to immigration policy and reform.