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  1. The Duty to Disobey Immigration Law.Javier Hidalgo - 2016 - Moral Philosophy and Politics 3 (2).
    Many political theorists argue that immigration restrictions are unjust and defend broadly open borders. In this paper, I examine the implications of this view for individual conduct. In particular, I argue that the citizens of states that enforce unjust immigration restrictions have duties to disobey certain immigration laws. States conscript their citizens to help enforce immigration law by imposing legal duties on these citizens to monitor, report, and refrain from interacting with unauthorized migrants. If an ideal of open borders is (...)
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  • Liberalism or Immigration Restrictions, But Not Both.Javier Hidalgo & Christopher Freiman - 2016 - Journal of Ethics and Social Philosophy 10 (2):1-22.
    This paper argues for a dilemma: you can accept liberalism or immigration restrictions, but not both. More specifically, the standard arguments for restricting freedom of movement apply equally to textbook liberal freedoms, such as freedom of speech, religion, occupation and reproductive choice. We begin with a sketch of liberalism’s core principles and an argument for why freedom of movement is plausibly on a par with other liberal freedoms. Next we argue that, if a state’s right to self-determination grounds a prima (...)
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  • The right to exclude.Michael Blake - 2014 - Critical Review of International Social and Political Philosophy 17 (5):521-537.
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  • Immigration and self-determination.Bas van der Vossen - 2015 - Politics, Philosophy and Economics 14 (3):270-290.
    This article asks whether states have a right to close their borders because of their right to self-determination, as proposed recently by Christopher Wellman, Michael Walzer, and others. It asks the fundamental question whether self-determination can, in even its most unrestricted form, support the exclusion of immigrants. I argue that the answer is no. To show this, I construct three different ways in which one might use the idea of self-determination to justify immigration restrictions and show that each of these (...)
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  • Resistance to Unjust Immigration Restrictions.Javier Hidalgo - 2015 - Journal of Political Philosophy 23 (4):450-470.
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  • Self-Determination, Immigration Restrictions, and the Problem of Compatriot Deportation.Javier Hidalgo - 2014 - Journal of International Political Theory 10 (3):261-282.
    Several political theorists argue that states have rights to self-determination and these rights justify immigration restrictions. Call this: the self-determination argument for immigration restrictions. In this article, I develop an objection to the self-determination argument. I argue that if it is morally permissible for states to restrict immigration because they have rights to self-determination, then it can also be morally permissible for states to deport and denationalize their own citizens. We can either accept that it is permissible for states to (...)
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  • Coercion.Scott Anderson - 2011 - Stanford Encyclopedia of Philosophy.
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  • The claim-right to exclude and the right to do wrong.Sahar Akhtar - forthcoming - Critical Review of International Social and Political Philosophy.
    Most challenges to immigration restrictions have not shown that states lack a claim-right to exclude, or a moral right against outside interference to make membership decisions. And an important, unexamined aspect of the claim-right is that states have the right against interference to wrongfully exclude, or the right to do wrong when making admission decisions. A major implication of this right is that even political or economic measures to affect states’ immigration policies are off the table – significantly compromising the (...)
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  • Wage Exploitation as Disequilibrium Price.Stanislas Richard - 2023 - Business Ethics Quarterly 33 (2):327-351.
    There are two opposing views concerning intuitive cases of wage exploitation. The first denies that they are cases of exploitation at all. It is based on the nonworseness claim: there is nothing wrong with a discretionary mutually beneficial employment relationship. The second is the reasonable view: some employment relationships can be exploitative even if employers have no duty towards their employees. This article argues that the reasonable view does not completely defeat defences of wage exploitation, because these do not rely (...)
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  • Sims and Vulnerability: On the Ethics of Creating Emulated Minds.Bartek Chomanski - forthcoming - Science and Engineering Ethics.
    It might become possible to build artificial minds with the capacity for experience. This raises a plethora of ethical issues, explored, among others, in the context of whole brain emulations (WBE). In this paper, I will take up the problem of vulnerability – given, for various reasons, less attention in the literature – that the conscious emulations will likely exhibit. Specifically, I will examine the role that vulnerability plays in generating ethical issues that may arise when dealing with WBEs. I (...)
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  • Should we open borders? Yes, but not in the name of global justice.Borja Niño Arnaiz - 2022 - Ethics and Global Politics 15 (2):55-68.
    Some proponents of global justice question that opening borders is an effective strategy to alleviate global poverty and reduce inequalities between countries. This article goes a step further and asks whether an open borders policy is compatible with the objectives of global distributive justice. The latter, it will be argued, entails the ordering of needs, the assignment of priorities and the preference or subordination of some interests over others. In other words, global justice requires the establishment of conditions and restrictions (...)
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  • (1 other version)Only libertarianism can provide a robust justification for open borders.Christopher Freiman & Javier Hidalgo - 2022 - Politics, Philosophy and Economics 21 (3):269-290.
    This paper argues that libertarianism—and only libertarianism—can vindicate immigration's status as a human right whose protection is morally required in nearly all circumstances. Competing political theories such as liberal egalitarianism fail to rule out significant immigration restrictions in a range of realistic conditions. We begin by outlining the core tenets of libertarianism and their implications for immigration policy. Next, we explain why arguments that appeal to alternative principles are unable to provide robust justification for open borders. We conclude by considering (...)
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  • (1 other version)Only libertarianism can provide a robust justification for open borders.Christopher Freiman & Javier Hidalgo - 2022 - Sage Publications: Politics, Philosophy and Economics 21 (3):269-290.
    Politics, Philosophy & Economics, Volume 21, Issue 3, Page 269-290, August 2022. This paper argues that libertarianism—and only libertarianism—can vindicate immigration's status as a human right whose protection is morally required in nearly all circumstances. Competing political theories such as liberal egalitarianism fail to rule out significant immigration restrictions in a range of realistic conditions. We begin by outlining the core tenets of libertarianism and their implications for immigration policy. Next, we explain why arguments that appeal to alternative principles are (...)
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  • Brock on Open Borders.Javier Hidalgo - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  • An institutional right of refugee return.Andy Lamey - 2020 - European Journal of Philosophy 29 (4):948-964.
    Calls to recognize a right of return are a recurring feature of refugee crises. Particularly when such crises become long-term, advocates of displaced people insist that they be allowed to return to their country of origin. I argue that this right is best understood as the right of refugees to return, not to a prior territory, but to a prior political status. This status is one that sees not just any state, but a refugee's state of origin, take responsibility for (...)
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  • Against Legal Punishment.Nathan Hanna - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 559-78.
    I argue that legal punishment is morally wrong because it’s too morally risky. I first briefly explain how my argument differs from similar ones in the philosophical literature on legal punishment. Then I explain why legal punishment is morally risky, argue that it’s too morally risky, and discuss objections. In a nutshell, my argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish people. We can never sufficiently (...)
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  • Realism in the ethics of immigration.James S. Pearson - 2023 - Philosophy and Social Criticism 49 (8):950-974.
    The ethics of immigration is currently marked by a division between realists and idealists. The idealists generally focus on formulating morally ideal immigration policies. The realists, however, tend to dismiss these ideals as far-fetched and infeasible. In contrast to the idealists, the realists seek to resolve pressing practical issues relating to immigration, principally by advancing what they consider to be actionable policy recommendations. In this article, I take issue with this conception of realism. I begin by surveying the way in (...)
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  • Einwanderung in Zeiten von Corona.Daniel Sharp - 2021 - Revista Portuguesa de Filosofia 77 (2-3):657-688.
    After the outbreak of the Covid-19 pandemic, most states enacted new measures to constrain international mobility. By May 8th, 2020, more than 93% of the world’s population lived in states with special entry bans and more than three billion lived in countries whose borders were almost completely closed to non-citizens. Can such measures be justified? If so, would this undermine the open borders view? This paper examines these questions. It argues, first, that, although short-term entry bans and other similar measures (...)
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  • (2 other versions)Challenging borders: The case for open borders with Joseph Carens and Jean-Luc Nancy.James A. Chamberlain - 2021 - Journal of International Political Theory 17 (3):240-256.
    Joseph Carens develops one of the most prominent cases for open borders in the academic literature on the basis of freedom and equality. Yet the implementation of his social membership theory would mean that immigrants who have not yet lived in a country long enough to become members would be excluded from political and social rights, thus raising the possibility of their domination and subordination by citizens. Given that these problems arise because Carens aims to balance the freedom of individuals (...)
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  • Can Liberalism Last? Demographic Demise and the Future of Liberalism.Jonathan Anomaly & Filipe Nobre Faria - 2023 - Social Philosophy and Policy 40 (2):524-543.
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  • Territorial Exclusion: An Argument against Closed Borders.Daniel Weltman - 2021 - Journal of Ethics and Social Philosophy 19 (3):257-90.
    Supporters of open borders sometimes argue that the state has no pro tanto right to restrict immigration, because such a right would also entail a right to exclude existing citizens for whatever reasons justify excluding immigrants. These arguments can be defeated by suggesting that people have a right to stay put. I present a new form of the exclusion argument against closed borders which escapes this “right to stay put” reply. I do this by describing a kind of exclusion that (...)
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  • Immigration.Hrishikesh Joshi - 2022 - In Matt Zwolinski & Benjamin Ferguson (eds.), The Routledge Companion to Libertarianism. Routledge.
    Within the immigration debate, libertarians have typically come down in favor of open borders by defending two main ideas: i) individuals have a right to free movement; and ii) immigration restrictions are economically inefficient, so that lifting them can make everyone better off. This entry describes the rationale for open borders from a libertarian perspective (in part by analogy to the debate around minimum wage laws). Three main objections within the immigration literature are then discussed: i) the view that states (...)
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  • (2 other versions)Challenging borders: The case for open borders with Joseph Carens and Jean-Luc Nancy.James A. Chamberlain - 2019 - Journal of International Political Theory:175508821985991.
    Joseph Carens develops one of the most prominent cases for open borders in the academic literature on the basis of freedom and equality. Yet the implementation of his social membership theory would mean that immigrants who have not yet lived in a country long enough to become members would be excluded from political and social rights, thus raising the possibility of their domination and subordination by citizens. Given that these problems arise because Carens aims to balance the freedom of individuals (...)
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  • Illiberal Immigrants and Liberalism's Commitment to its Own Demise.Daniel Weltman - 2020 - Public Affairs Quarterly 34 (3):271-297.
    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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  • Fronteiras da Exclusão de Direitos.Diego Ramos Mileli - 2019 - Diacritica 3 (31):131-152.
    Este artigo tem por objetivo analisar se não seria o caso que o trato diferenciado dedicado a cidadãos nacionais e imigrantes seria discriminatório. A questão dos imigrantes internacionais aflora atualmente nos mais distintos campos da sociedade. Entretanto, o foco da discussão aqui não é somente o ato de cruzar as fronteiras – ponto central de grande parte das publicações filosóficas sobre imigração. O cerne é a diferença entre direitos e obrigações de imigrantes internacionais e cidadãos nacionais. Não se trata de (...)
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  • Unjust Borders: Individuals and the Ethics of Immigration.Javier S. Hidalgo - 2018 - Routledge.
    States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized (...)
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  • Lob der Untätigkeit.Michael Huemer - 2015 - In Thomas Leske (ed.), Wider Die Anmaßung der Politik: Über Das Unrecht der Drogen-, Einwanderungs- Und Waffengesetze Und Die Tugend der Politikverdrossenheit. Thomas Leske. pp. 11–44.
    Den Beteiligten des Politikbetriebs einschließlich Wählern, Aktivisten und Spitzenpolitikern fehlt häufig der grundlegende Sachverstand für die jeweiligen politischen Entscheidungen. Selbst Experten verstehen gesellschaftliche Mechanismen kaum und können deren Auswirkung kaum vorhersagen. Nur auf einfachste und unstrittige politische Behauptungen ist Verlass. Teilweise rührt das daher, dass politisches Wissen schwer zu erlangen ist, und teilweise daher, dass der Einzelne keinen ausreichenden Ansporn hat, es zu erlangen. Demzufolge besteht der beste Ratschlag an die politischen Akteure sehr häufig schlicht darin, gesellschaftliche Probleme nicht anzugehen, (...)
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  • (2 other versions)Immigration Enforcement and Fairness to Would-Be Immigrants.Hrishikesh Joshi - 2018 - In Boonin David (ed.), Handbook of Philosophy and Public Policy. Palgrave.
    This chapter argues that governments have a duty to take reasonably effective and humane steps to minimize the occurrence of unauthorized migration and stay. While the effects of unauthorized migration on a country’s citizens and institutions have been vigorously debated, the literature has largely ignored duties of fairness to would-be immigrants. It is argued here that failing to take reasonable steps to prevent unauthorized migration and stay is deeply unfair to would-be immigrants who are not in a position to bypass (...)
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  • Immigration Rights and the Justification of Immigration Restrictions.Caleb Yong - 2017 - Journal of Social Philosophy 48 (4):461-480.
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  • The Right to Move versus the Right to Exclude: A Principled Defense of Open Borders.Michael Huemer - manuscript
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  • Huemer on Immigration and the Preservation of Culture.Rafael De Clercq - 2017 - Philosophia 45 (3):1091-1098.
    Libertarian philosopher Michael Huemer has argued recently that there is a prima facie right to immigrate, and, moreover, that concerns people have about the effects of immigration are not strong enough to neutralize or override this prima facie right. In this paper, I focus on one particular concern that Huemer deems insufficiently strong to neutralize or override the prima facie right to immigrate, namely, the concern that unrestricted immigration poses a threat to one’s culture. I argue that Huemer fails to (...)
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  • The Jurisdiction Argument for Immigration Control.Andy Lamey - 2016 - Social Theory and Practice 42 (3):581-604.
    Jurisdictionism offers a new rationale for restricting immigration. Immigrants impose new obligations on the people whose territories they enter. Insofar as these obligations are unwanted, polities are justified in turning immigrants away, so long as the immigrants are from a country that respects their rights. The theory, however, employs a flawed account of obligation, which overlooks how we can be obliged to take on new duties to immigrants. Jurisdictionism also employs different standards when determining whether an obligation exists, only one (...)
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  • Humanity’s Collective Ownership of the Earth and Immigration.Risse Mathias - 2016 - Journal of Practical Ethics 4 (2):31-66.
    In my 2012 book On Global Justice, I argued that humanity’s collective ownership of the earth should be central to reflection on the permissibility of immigration. Other philosophers have recently offered accounts of immigration that do without the kind of global standpoint provided by collective ownership. I argue here that all these attempts fail. But once we see how humanity’s collective ownership of the earth can deliver a genuinely global standpoint on immigration, we must also consider two alternative ways of (...)
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  • High Stakes Instrumentalism.John Halstead - 2017 - Ethical Theory and Moral Practice 20 (2):295-311.
    In this paper, I aim to establish that, according to almost all democratic theories, instrumentalist considerations often dominate intrinsic proceduralist considerations in our decisions about whether to make extensive use of undemocratic procedures. The reason for this is that almost all democratic theorists, including philosophers commonly thought to be intrinsic proceduralists, accept ‘High Stakes Instrumentalism’. According to HSI, we ought to use undemocratic procedures in order to prevent high stakes errors - very substantively bad or unjust outcomes. However, democratically produced (...)
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  • Immigration and the Economic Freedom of Natives.Ilya Somin - 2023 - Public Affairs Quarterly 37 (3):226-249.
    Much of the debate over the justice of immigration restrictions focuses on their impact on would-be migrants. Restrictionists often focus on potentially harmful effects of immigration on residents of receiving countries. This article cuts across this long-standing debate by outlining ways in which immigration restrictions inflict harm on natives, specifically by undermining their economic liberty. It covers both the libertarian “negative” view of economic freedom and the “positive” version advanced by left-liberals. Section 1 focuses on “negative” economic freedom. It shows (...)
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  • Sims and Vulnerability: On the Ethics of Creating Emulated Minds.Bartlomiej Chomanski - 2022 - Science and Engineering Ethics 28 (6):1-17.
    It might become possible to build artificial minds with the capacity for experience. This raises a plethora of ethical issues, explored, among others, in the context of whole brain emulations (WBE). In this paper, I will take up the problem of vulnerability – given, for various reasons, less attention in the literature – that the conscious emulations will likely exhibit. Specifically, I will examine the role that vulnerability plays in generating ethical issues that may arise when dealing with WBEs. I (...)
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  • Brock on Open Borders.Gianfranco Pellegrino - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  • (2 other versions)Challenging borders: The case for open borders with Joseph Carens and Jean-Luc Nancy.James A. Chamberlain - forthcoming - Sage Publications: Journal of International Political Theory.
    Journal of International Political Theory, Ahead of Print. Joseph Carens develops one of the most prominent cases for open borders in the academic literature on the basis of freedom and equality. Yet the implementation of his social membership theory would mean that immigrants who have not yet lived in a country long enough to become members would be excluded from political and social rights, thus raising the possibility of their domination and subordination by citizens. Given that these problems arise because (...)
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  • Discrimination and the exclusion of people with disabilities.Sahar Akhtar - 2024 - Ethics and Global Politics 17 (2):68-82.
    My paper explores the question of when it is wrong for a state’s immigration criteria to discriminate against people with disabilities, focusing on the idea that discrimination is wrong when it demeans a group, rather than when it disadvantages them. I argue that selecting against people with disabilities often demeans them but might not always do so even when immigration criteria explicitly exclude people on the basis of having disabilities – that is, in cases of direct discrimination. Moreover, I demonstrate (...)
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  • Breaking Boundaries: An Investigation of Libertarian Open Borders.Connor K. Kianpour - 2019 - Journal of Libertarian Studies 23 (1):39-63.
    I will first offer a general understanding of the flavor of libertarianism I will be using as the foundation for my argument for open borders. Then, I will summarize the argument put forth by Joseph Carens in “Aliens and Citizens: The Case for Open Borders,” which consummates the importance of open border policy in maintaining the efficacy of property rights. After, I will supplement an additional argument to Carens’s in order to strengthen it. In this section, I will interpret Robert (...)
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  • Human Rights and Global Mental Health: Reducing the Use of Coercive Measures.Kelso Cratsley, Marisha Wickremsinhe & Timothy K. Mackey - 2021 - In A. Dyer, B. Kohrt & P. J. Candilis (eds.), Global Mental Health: Ethical Principles and Best Practices. pp. 247-268.
    The application of human right frameworks is an increasingly important part of efforts to accelerate progress in global mental health. Much of this has been driven by several influential legal and policy instruments, most notably the United Nations’ Convention on the Rights of Persons with Disabilities, as well as the World Health Organization’s QualityRights Tool Kit and Mental Health Action Plan. Despite these significant developments, however, much more needs to be done to prevent human rights violations. This chapter focuses on (...)
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  • Massive Technological Unemployment Without Redistribution: A Case for Cautious Optimism.Bartek Chomanski - 2019 - Science and Engineering Ethics 25 (5):1389-1407.
    This paper argues that even though massive technological unemployment will likely be one of the results of automation, we will not need to institute mass-scale redistribution of wealth to deal with its consequences. Instead, reasons are given for cautious optimism about the standards of living the newly unemployed workers may expect in the fully-automated future. It is not claimed that these predictions will certainly bear out. Rather, they are no less likely to come to fruition than the predictions of those (...)
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  • Libertarianism after Nozick.Jason Brennan - 2018 - Philosophy Compass 13 (2):e12485.
    Robert Nozick's Anarchy, State, and Utopia made libertarianism a major theory in political philosophy. However, the book is often misread as making impractical, question‐begging arguments on the basis of a libertarian self‐ownership principle. This essay explains how academic philosophical libertarianism since Robert Nozick has returned to its humanistic, classical liberal roots. Contemporary libertarians largely work within the PPE (politics, philosophy, and economics) tradition and do what Michael Huemer calls “non‐ideal, non‐theory.” They more or less embrace rather than reject ideals of (...)
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  • Externalized Migration Governance and the Limits of Sovereignty: The Case of Partnership Agreements between EU and Libya.Elin Palm - 2020 - Theoria 86 (1):9-27.
    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 (...)
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  • Redistribution and moral consistency: arguments for granting automatic citizenship to refugees.Arianne Shahvisi - 2020 - Journal of Global Ethics 16 (2):182-202.
    1. Birth within a particular state is a major determinant of a person’s life course: their life expectancy, health possibilities, income, level of education, employment opportunities, and the safet...
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  • On Liberty and Cruelty: A Reply to Walter Block.Michael Huemer - 2022 - Studia Humana 11 (1):32-42.
    A standard argument for ethical vegetarianism contends that factory farming – the source of nearly all animal products – is morally wrong due to its extreme cruelty, and that it is wrong to buy products produced in an extremely immoral manner. This article defends this argument against objections based on appeal to libertarian political philosophy, the supposed benefit to animals of being raised for food, and nonhuman animals’ supposed lack of rights.
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  • From Intuitions to Anarchism?David Gordon - 2020 - Journal des Economistes Et des Etudes Humaines 26 (1).
    When libertarian political philosophy attracted wide public notice in the 1970s, a common view was that the distinctive individual rights advocated in libertarian theory required grounding in a theory of ethics. Recently, this view has come under challenge. It has been argued that resort to such grounding in ethical theory is unneeded. An appeal to common sense intuitions suffices to justify libertarianism. First, a brief account of libertarianism will be presented. Then, some examples of the older, pro-grounding position will be (...)
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  • Anti-Immigration Backlashes as Constraints.Lorenzo Del Savio - 2020 - Ethical Theory and Moral Practice 23 (1):201-222.
    Migration often causes what I refer to in this paper as ‘anti-immigration backlashes’ in receiving countries. Such reactions have substantial costs in terms of the undermining of national solidarity and the diffusion of political distrust. In short, anti-immigration backlashes can threaten the social and political stability of receiving countries. Do such risks constitute a reason against permissive immigration policies which are otherwise desirable? I argue that a positive answer may depend on a skeptical view based on the alleged constraints that (...)
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  • The Liberal Defence of Immigration Control.Danny Frederick & Mark D. Friedman - 2020 - Cosmos + Taxis 8 (2+3):23-38.
    Contemporary liberal theorists generally support open borders and some argue that liberalism is incompatible with substantive immigration control. We argue that it has not been shown that there is an inconsistency in the idea of a liberal state enforcing such controls and that it may be obligatory for a liberal state to impose substantive restrictions on immigration. The immigration control on which we focus is that concerning people from societies that resemble closed societies, particularly those in which Islamic fundamentalism is (...)
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  • Republican liberty and border controls.M. Victoria Costa - 2016 - Critical Review of International Social and Political Philosophy 19 (4):400-415.
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