Big data, artificial intelligence, and increasingly precise biometric techniques have given state and private organizations unprecedented scope and power for the surveillance and dataveillance of migrants. In many cases, these technologies have evolved faster than our legal, political, and ethical mechanisms. This paper, drawing on current discussions of justice and non-domination, proposes a non-domination-based ethics of digital surveillance and mobility, in which the legitimacy of these technologies depends on their avoidance of the arbitrary use of power. This allows us to (...) ethically assess new technologies and justify juridical, democratic, and administrative mechanisms. (shrink)

Immigration is often associated with a situation in which would-be migrants and their countries of origin are put at the mercy of others’ decisions. The main objective of this article is to theorize this ‘being at the mercy’ in light of a republican definition of what freedom is about: the absence of domination. Immigration policy represents instances of domination on a wide spectrum of individuals and political communities. This article focuses on the procedural discretion claimed by states of destination in (...) their relations with would-be migrants. On the basis of a definition of the concept of ‘jurisdiction’, the article distinguishes 4 paradigmatic situations of immigration, which all display situations of domination. In each situation, the state of destination arbitrarily interferes with important interests of individuals and political communities. In light of this argument, existing mechanisms in national, transnational and international settings can be identified and justified as anti-domination measures. The argument offers a blueprint on how to further develop them in preventing domination in immigration. (shrink)

Neorepublicanism holds that domination is the foremost political evil. More, it claims to be able to address today’s most pressing issues. It follows that neorepublicanism should, then, speak to questions of migration, membership, and domination. However, this is not the case. Some critical voices inspired by the idea of non-domination arrive at interesting critiques of migration, membership, and domination, but their answers are often partial and in some ways problematic. They are also largely ahistorical. The contemporary paucity of neorepublican reflections (...) on migration contrasts sharply with its centrality in republican history. In the US, from the colonial period until late into the 19th century, some republicans understood the domination of migrants and citizens as conjoined concerns. They developed a robust account of the relationship between domestic domination and exclusionary migration regimes. They conceptualized the republic as a global asylum where membership is based on volitional allegiance, and they vigorously defended the right of aliens to expatriate. Those ideas were ultimately defeated by aristocratic, oligarchic, and statist forces. This article explicates that history through a genealogical account of what I call ‘insurgent republicanism’. The article then returns to contemporary theorization to diagnose its limitations, continuities, and potentials as seen from the perspective of the insurgent republican tradition. (shrink)

Many supporters of open borders argue that restrictions on immigration are unjust in part because they undermine equal opportunity. Borders prevent the globally least-advantaged from pursuing desirable opportunities abroad, cementing arbitrary facts about birth and citizenship. In this paper I advance an argument from equal opportunity to global freedom of movement. In addition to preventing people from pursuing desirable opportunities, borders also create a prone, segregated population that can be dominated and exploited. Restrictions on mobility do not just trap people (...) in bad opportunity sets—they help create bad opportunities by isolating the negative externalities of production and foreign policy. Freedom of movement can play a vital role in spreading risks and burdens, incentivizing their mitigation. Using an analysis of feudalism, segregation, and the transnational economy, I illustrate the centrality of space and mobility, showing why freedom of movement is a necessary tool for preventing political and economic oppression. (shrink)

Neo-republicanism seems well suited to provide insight into current policies for the control and restriction of immigration. In this paper, I discuss three different accounts of domination to assess whether they can provide intuitively acceptable responses to the types of domination experienced by different groups of immigrants. First, I present and criticize an argument offered by Philip Pettit in support of the view that immigration restrictions could in principle avoid being dominating. My criticism focuses on Pettit’s account of non-arbitrary governmental (...) action that claims that laws and policies are not dominating when people have democratic control over the government’s activity. Given the failure of Pettit’s argument, I turn to the proceduralist account of non-arbitrary state action proposed by Frank Lovett, and discuss the limitations of the account in diagnosing all ways in which border controls and immigration policy can generate domination. Finally, I present and defend the view that governmental action is not dominating when there are adequate checks that protect the objective interests of individuals. (shrink)

Although there seems to be an agreement on what slurs are, many authors diverge when it comes to classify some words as such. Hence, many debates would benefit from a technical definition of this term that would allow scholars to clearly distinguish what counts as a slur and what not. Although the paper offers different definitions of the term in order to allow the reader to choose her favorite, I claim that ‘slurs’ is the name given to a grammatical category, (...) and I consequently trace a difference in kind between slurs and other kinds of group pejoratives. I rely on a novel approach to slurs that characterizes them based on their membership to a particular kind of register category, an often neglected sociolinguistic notion determining the social contexts in which registered terms are expected, tolerated or unacceptable. The paper also points out to the close link between words registered as [+derogatory] and their usage in the context of dominance relations of different kinds between users and recipients of slurs. By pointing out to this link I hope to underscore the political significance of slur usage, as well as to contribute further to the explanation why slurs are so damaging and unacceptable in most social contexts. (shrink)

Theories of domination are primarily attempts to understand the value of justice, freedom, and equality by examining cases where they are absent. Such theories seek to clarify and systematize our judgments about what it is to be weak against uncontrolled strength, i.e., about what it is to be vulnerable, degraded, and defenseless against unrestrained power. -/- Much contemporary disagreement about domination involves competing answers to three questions: (1) Who, or what, can dominate? (2) Is it possible to dominate merely by (...) having power with a certain structure, or is domination an exercise or an abuse of power? (3) Exercised or unexercised, what kind of power is domination? The remainder of this entry will address each of these questions in turn, then conclude with a survey of how the idea of domination has been used in recent applied ethical theory. It will become clear as we examine competing answers to these three questions that different theorists have very different ideas of why, exactly, we need a theory of domination. There may be wide agreement that we need the idea of domination to make sense of unjust power relations, but unjust power relations are wildly varied, and theorists of domination disagree not only about which varieties most need to be understood, but about how theorizing domination helps us to understand them. (shrink)

Freedom as non-domination provides a distinctive criterion for assessing the justifiability of migration controls, different from both freedom of movement and autonomy. Migration controls are dominating insofar as they threaten to coerce potential migrants. Both the general right of states to control migration, and the wide range of discretionary procedures prevalent in migration controls, render outsiders vulnerable to arbitrary power. While the extent and intensity of domination varies, it is sufficient under contemporary conditions of globalization to warrant limits on states’ (...) discretion with respect to admission. Reducing domination requires, rather than removing all immigration restrictions or democratically justifying them to all, that there be certain constraints on states’ freedom to control migration: giving migrants a publicly secured status somewhat analogous to that enjoyed by citizens, subjecting migration controls to higher legal regulation, and making immigration policies and decision contestable by those who are subject to them. (shrink)

In Europe and other regions of the world public debate concerning how many immigrants should be admitted, which rights those admitted should have, and which conditions can be required for access to citizenship is intense and enduring, and these have increasingly become central electoral issues. On the one hand, the harsh treatment of migrants is often a matter of public criticism; on the other hand, states are concerned about problems of welfare, security and social unrest that they have come to (...) associate with large-scale migration. At its most fundamental level, this debate concerns the question of how best to balance particularist principles of democratic self-determination and state sovereignty and universalist principles of individual freedom and human rights. The articles in this special issue examine whether the concept of domination can cast a distinctive light on the normative issues arising in this tension between state sovereignty and universal principles with respect to migration and the position of non-citizens in contemporary liberal democratic states. These issues arise both externally insofar as foreigners are subject to migration controls, and internally insofar as migrants live in states of which they are not full members. The issue thus examines the potential of domination as a concept to bring to bear on issues of migration controls, differential residence statuses and access to membership. (shrink)

Can state sovereignty justify privileged receiving countries exercising authority over non‐members in a third country to safeguard their own interests? Under the current migration governance of the EU, state sovereignty is manifested in migrant interdiction, interception and detention policies employed to prevent unauthorized migrants from reaching the EU, and even from attempting to embark on cross‐Mediterranean journeys. While reinforcement of the Schengen region's external borders is a key aim of the EU's internal migration politics, collaboration with third countries regarding migration (...) control has, in the last decade, become a key feature of its external migration policy. In close collaboration with third countries, the EU has managed to curb the outflux of migrants from transit and sending countries. In effect, irregular migrants are prevented from exiting as well as from entering. This article explores the justifiability of such practices, by questioning commonly invoked models of justification such as the sovereignty “model”, with a special focus on partnership agreements regarding migration control between the EU and Libya. (shrink)

Accounts of non-domination have tended to emphasise the role resources and other capacity and voice building mechanisms can play in giving people the power and the institutional means of living lives that are free of domination. Yet the role of exit - of institutionally protected means of withdrawing from relationships - has remained undertheorized in accounts of non-domination. Drawing on a range of public policy examples, this paper seeks to shed light on the ways in which, and under what conditions, (...) institutionalised means of exit can contribute to realising the ideal of non-domination. It shows that while rights of exit and low exit-costs can play an essential role in protecting people from dependence on the arbitrary wills of others, it is only under certain conditions these can be said to contribute to the realisation of the ideal of non-domination in a broader sense. Understanding the relationship between exit and non-domination, it further argues, gives us a clearer picture of the relationship between non-domination and sources of power such as monetary resources and voice. (shrink)

Normative debates on migration control, while characterised by profound disagreement, do appear to agree that the state has at least a prima facie right to prevent the entry of security threats. While concern is sometimes raised that this ‘security exception’ can be abused, there has been little focus by normative theorists on concrete practices of security, and how we can determine what a ‘principled’ use of the security exception would be. I argue that even if states have a right to (...) prevent migrants from entering on grounds of security, the practices required to implement this right will likely compromise core liberal democratic values in ways that have not been sufficiently appreciated. I draw on literature from Science and Technology Studies and Critical Security Studies to examine the proliferation of digital border control technologies which are increasingly dominating state security practices, and explain the challenges these technologies pose to non-discrimination, liberty and equality. I also highlight the difficulties of taking these principles as presumptive limitations on the operation of the security exception. A more sustained conversation among ethical theorists is needed to address the profound ethical challenges that the ever-increasing use of these technologies poses, particularly in pursuit of security. (shrink)

This research uses a normative approach to examine the relationship between basic income and migration. The decisive variable is the effect of labour automation, which increases economic insecurities globally, leaving some nation states in a position to cope with this and others not. The insecurities will increase migratory pressures on one hand but also justify the introduction of basic income on a nation state level on the other. The normative guideline is the republican conception of freedom as non-domination. This is (...) used to justify a basic income, analyse how labour automation creates dominating structures and how borders dominate migrants seeking to move to countries which introduce a basic income. The result is that nation states that introduce a basic income to counter internal domination through labour automation, also have to look outside of their nation state. The imposition of borders in order to keep a basic income sustainable as well as labour automation itself, establish a form of domination over less developed countries and thus demand international regulation. (shrink)