Encampment continues to be one of the dominant modes of responding to refugee situations. I suggest that we would do well to conceive of the wrongfulness of refugee camps not just in terms of their effects, but also in terms of their function. I endorse the view that camps currently function primarily to contain displaced persons and develop a novel conception of the wrong of encampment in terms of that function. Drawing on Heidegger's account of the spatiality proper to different (...) entities, I argue that practices of containment reduce refugees to the status of objects to be, in effect, immobilized and stored away for an indeterminate amount of time. (shrink)

This article examines our moral obligations to refugees and stateless people. I argue that in order to understand our moral obligations to stateless people, both de jure refugees and de facto stateless people, we ought to reconceptualize the harm of statelessness as entailing both a legal/political harm (the loss of citizenship) and an ontological harm, a deprivation of certain fundamental human qualities. To do this, I draw on the work of Hannah Arendt and show that the ontological deprivation has three (...) distinct though interconnected elements: a reduction to the merely human or bare life, a separation from the common realm of humanity and abandonment, and the diminishment of agency or ability to act in the Arendtian sense. If we pull apart the legal/political harm of statelessness from the ontological harm, we are better able to see that we can address some of the features of the ontological deprivation even though we may not be able to rectify the political harm. I conclude this article by discussing some suggestions that follow from a recognition of the reality and harm of the ontological deprivation. (shrink)

The article focuses on examining the distinct nature of persecution. In the article I argue that on the grounds of common historical cases of persecution an account of the core components of the concept may be established. The core comprises three central elements: asymmetrical and systemic threat, severe and sustained harm, and unjust discriminatory targeting. I will conclude the paper by suggesting that none of the components alone make persecution anything distinct. However, the simultaneous occurrence of the components may be (...) argued to amount to a separable class of harms that are among the worst-case scenarios for those having to endure them. (shrink)

This article seeks to advance the discussions on our moral obligations towards refugees of protracted crises by proposing a nuanced application of outcome responsibility. Differentiating causal and outcome responsibility through intention, involvement, and side-taking principles has both symbolic and practical significance in assigning reparative and remedial duties. The framework utilizes domestic analogies to help explain the refined version of these two responsibility types. It examines the Syrian crisis within this paradigm to offer a clearer understanding of the actors that are (...) ‘morally obligated and more likely’ to help. This argument addresses political communities instead of their states, emphasizing their pivotal role as bearers of the consequences of state decisions. Employing an outcome responsibility-based sense of ethical duty (ORSED) can foster more inclusive and welcoming environments, mitigating resentment regardless of border controls or burden allocation. (shrink)

This article explores normative questions about what legal rights settled immigrants should have in liberal democratic states. It argues that liberal democratic justice, properly understood, greatly constrains the distinctions that can be made between citizens and residents. The longer people stay in a society, the stronger their moral claims become, and after a while they pass a threshold that entitles them to virtually the same legal status as citizens and eventually easy access to citizenship itself.

Liberal egalitarians tend to be committed both to generous asylum policies and generous, universal welfare states. Yet there may be political, social and economic reasons why there is a conflict in realising both. Asylum seekers may create economic pressures to the welfare state, or undermine national solidarity supposedly necessary to support redistribution. In this paper, I discuss how political theorists should approach these empirical concerns. I take issue with the view that theorists can simply move between ‘realism’ and ‘idealism’ by (...) accepting more or less of reality. Instead, political theorists should seek to offer a critical description of the conflict, which can reveal structures of power that ought to be subject to normative scrutiny. To this end, I discuss two accounts of how the welfare state may justify asylum restrictions in relation to the case of Sweden, a universal welfare state that has recently introduced restrictions on asylum to protect the welfare state. I argue along these accounts that the welfare state is both an important source of political and social order and a foundation of the personal moral experience. Yet a critical analysis also illustrates how these claims weaken as underlying methodological nationalism and bias towards existing power structures are brought to light. Asylum restrictions cannot be justified if they contribute to perpetuating these power structures, which cause some of the conflict with the welfare state in the first place. (shrink)

Many affluent states seek to discharge their responsibilities to refugees through extraterritorial policies, which limit the number of refugees that they admit whilst contributing to protection in...

Since 2015 millions of migrants have paid smugglers to take them across borders. In response, states have increasingly arrested smugglers, hoping to morally condemn smuggling, and to decrease the rate of inward migration. This article argues that, even if a state is justified in morally condemning smuggling, and justified in decreasing inward migration, arresting smugglers is a disproportionate response for reaching these ends.

Should refugees govern refugee camps? This paper argues that they should. It draws on normative political thought in consulting the all-subjected principle and an instrumental defense of democratic rule. The former holds that all those subjected to rule in a political unit should have a say in such rule. Through analyzing the conditions that pertain in refugee camps, the paper demonstrates that the all-subjected principle applies there, too. Refugee camps have developed as near distinct entities from their host states. They (...) have formed their own economic, legal and even political systems within which refugees are subjected to political rule. The paper then demonstrates that democratic rule should be preferred over any other decision-making procedure. No amount of experts can replace the institutions that would lead to the accountability of decision-makers and to the incorporation of refugees as situated and epistemically diverse knowers of the problems they face and the solutions that would work best. (shrink)

Should refugees govern refugee camps? This paper argues that they should. It draws on normative political thought in consulting the all-subjected principle and an instrumental defense of democratic rule. The former holds that all those subjected to rule in a political unit should have a say in such rule. Through analyzing the conditions that pertain in refugee camps, the paper demonstrates that the all-subjected principle applies there, too. Refugee camps have developed as near distinct entities from their host states. They (...) have formed their own economic, legal and even political systems within which refugees are subjected to political rule. The paper then demonstrates that democratic rule should be preferred over any other decision-making procedure. No amount of experts can replace the institutions that would lead to the accountability of decision-makers and to the incorporation of refugees as situated and epistemically diverse knowers of the problems they face and the solutions that would work best. (shrink)