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Can a liberal state exclude illiberal immigrants in order to preserve its liberal status? Hrishikesh Joshi has argued that liberalism cannot require a commitment to open borders because this would entail that liberalism is committed to its own demise in circumstances in which many illiberal immigrants aim to immigrate into a liberal society. I argue that liberalism is committed to its own demise in certain circumstances, but that this is not as bad as it may appear. Liberalism’s commitment to its (...) |
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Whether or not to grant ‘amnesty’ has been a contentious policy issue in a wide range of settings, from human rights violations to draft avoidance to library fines. Recently, the idea of amnesty has come to structure many debates over irregular immigration. While amnesty’s meaning is usually treated as self-evident, the term in fact signifies in a variety of normative directions. This article employs amnesty as an optic to examine accountability questions that structure normative debates over irregular immigration in liberal (...) |
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European Journal of Political Theory, Volume 21, Issue 3, Page 615-623, July 2022. In this response essay, Ayelet Shachar replies to her critics, pushing beyond the arguments developed in her most recent book, The Shifting Border, to probe new ideas. Specifically, she elaborates five avenunes for exploration: dethorning the state as the exclusive decisionmaker on migration; finding the tools to alleviate oppression in the criticized practices themselves; identifying rights and duty-bearers; exposing the spatial dimension of structural injustice; and revisiting the (...) |
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The fluid use of the terminology associated with “migration governance” can obscure its intention and implications. Different meanings of core terminology risks allowing troubling policies that are not really about migration, understood widely as border crossing, or even more broadly as human movement, to be legitimized. UN-level coordination with regard to “migration governance” needs to be part of addressing this concern. For example, this article advocates explicitly engaging with this risk through the implementation of the Global Compact for Safe, Orderly (...) |
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Citizenship and residency are basic conditions for political inclusion in a democracy. However, if democracy is premised on the inclusion of everyone subject to collectively binding decisions, the relevance of either citizenship or residency for recognition as a member of the polity is uncertain. The aim of this paper is to specify the conditions for being subject to collective decisions in the sense relevant to democratic theory. Three conceptions of what it means to be subject to collectively binding decisions are (...) |
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The Jurisprudence Lecture, delivered by Ayelet Shachar, challenges the established dichotomy between open and closed borders, showing that one of the most remarkable developments of recent years is... |
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ABSTRACT Most critics of the U.S.-Mexico border wall assume that it represents the xenophobic nationalism typical of right populism. However, the populist message of exclusion is directed not at migrants but at the liberal democrats who compose the traditional mainstream of politics. The wall’s populist message is meant to expose a contradiction: liberal democrats do not know how to reconcile borders with their official commitment to universal inclusion. Right populism and left populism, too exploit this contradiction. Liberal democracy could effectively (...) |
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Both the USA and Europe limit access to care by undocumented immigrants. In the debate over what level of access to confer to IMs, there are various public policy rationales operating either explicitly, or below the surface, ranging from minimalist humanitarianism to full cosmopolitan equality, with several intermediate positions between these two poles. This article informs the international debate by providing a conceptual mapping of these underlying policy rationales. Each position is based on different lines of reasoning or bodies of (...) |
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ABSTRACTThis paper argues that most prominent normative theories on immigration neglect a critical dimension of the migratory phenomenon, a neglect that blinds them to important rights that, under some circumstances, immigrants ought to have as a matter of justice. Specifically, the paper argues that these theories fail to appreciate that the children of immigrant families, regardless of whether they were born in their parents’ country or in the host country, should benefit from educational rights addressing needs that are particular to (...) |
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According to David Miller, immigration is not a human right. Conversely, Kieran Oberman makes a case for immigration as a human right. We agree with the latter view, but we show that its starting point is mistaken. Indeed, both Miller and Oberman discuss the right to immigration within the liberal paradigm: it is a right or not depending on the correct balance between the interests of the citizens of a given national state and the interests of the immigrants. Instead, we (...) |
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This essay argues for the value of presence as rhetorical heuristic. Beginning with the philosophical tradition, the authors establish a long-standing interest in presence or isness, understood as the thing-itself outside subjectivity. We then trace how rhetorical theorists including Aristotle, Quintilian, and Perelman have privileged isness as a baseline for true conviction, positioning rhetoric as an effort to imitate material proofs. Such views highlight the tension between presence (things of the world in their isness) and the arts of presencing (the (...) |
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"Territorial Presence As A Ground For Claims: Some Reflections" returns to political theory to assess the moral and legal position of those individuals who are inside the territory of liberal democratic states, but whose very presence has been unauthorised by the state. The author asks the question as to what their bodily presence means and does from a political perspective. The paper is part of a broader political phenomenology of territoriality in liberal national thought and puts emphasis on the idea (...) |
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By now one might hope that the robust body of theoretical work recently published on immigration ethics would have taken general political philosophy a long way from the prevailing Rawlsian-style insularity premise, according to which society is “a closed system isolated from other societies” into which persons “enter only by birth and exit only by death.” But there are still a great many political theorists whose focus is unreflectively endogenous and who assume away questions of states’ constitutive scope and boundaries. (...) |
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Although foreign workers contribute to the economy and society, their lack of citizenship renders them unequal, vulnerable and exploitable. In this article, I suggest that the citizenship principle of jus domicile can address this aspect of inequality and exploitation experienced by migrant labour. In addition, I argue that the jus domicile principle should be combined with open borders. In making this argument, I draw on a dialectical methodology and a diverse literature on social justice and liberal political theory. The model (...) |
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