This article argues against the idea that European Union (EU) member states (MSs) that have turned autocratic should be ejected from the EU to ensure that the latter does not itself violate the principle of democracy identified with the all subjected principle (ASP). First, the ASP requires that MSs be democratic before a decision to eject them would be acceptable and at that point, there is no reason to eject them. Second, if EU membership is voluntary as the protagonist of (...) the above idea presupposes, any MS can decide to leave at any point in time and other MSs can decide to leave any MS behind and create a new European organization without it. Taken together, this means that the ASP, which pertains to permanent subjection (to EU law), is irrelevant already from the outset and cannot be used as the main premise for the argument for ejection. Finally, the very disagreement about what kind of organization the EU is and should become, implies that the democratic rights of citizens be given priority over the rights of states. This speaks against the legitimacy of ejecting MSs for democracy protection. (shrink)

Egalitarians often claim that well-off states’ immigration restrictions create or reinforce objectionable inequality. Standard defenses of this claim appeal to the distributive consequences of exclusion. This article offers a relational egalitarian defense of more open borders. On this view, well-off states’ immigration restrictions are problematic because they accord the citizens of well-off states a troubling form of asymmetric power over the disadvantaged. This creates an objectionably unequal relationship between affluent states’ citizens and disadvantaged immigrants. I show that this argument offers (...) a compelling diagnosis of a central problem with border control, defend the argument against objections, and explore its implications. (shrink)

In response to the democratic boundary problem, two principles have been seen as competitors: the all-affected interests principle and the all-subjected principle. This article claims that these principles are in fact compatible, being justified vis-à-vis different functions, accommodating different values and drawing on different sources of normativity. I call this a ‘function-sensitive’ view. More specifically, I argue that the boundary problem draws attention to the decision functions of democracy and that two values are indispensable when theorizing how to regulate these (...) functions: procedural fairness and political autonomy. While the value of procedural fairness is best promoted through a version of the all-affected interests principle, applied to decision making generally, it is argued that political autonomy is best promoted through a version of the all-subjected principle, applied to coercive decision making specifically. The article concludes by drawing out some practical implications of the function-sensitive view for the case of immigration and border controls. (shrink)

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 (...) has not been discussed in depth, which I call “territorial exclusion.” Territorial exclusion is the process according to which the group that wishes to exclude current citizens secedes from the territory in which those citizens reside. I argue that the wrongness of territorial exclusion explains why there is no pro tanto right for a state to exclude immigrants, because otherwise there would be a pro tanto right for the state to kick people out by seceding from the territory they inhabit. Because kicking people out like this is typically wrong, borders cannot be closed. (shrink)

This paper discusses the idea that the concept of privacy should be understood in terms of control. Three different attempts to spell out this idea will be critically discussed. The conclusion will be that the Source Control View on privacy is the most promising version of the idea that privacy is to be understood in terms of control.

The debate about justice in immigration seems somehow stagnated given that it seems justice requires both further exclusion and more porous borders. In the face of this, I propose to take a step back and to realize that the general problem of borders—to determine what kind of borders liberal democracies ought to have—gives rise to two particular problems: first, to justify exclusive control over the administration of borders (the problem of legitimacy of borders) and, second, to specify how this control (...) ought to be exercised (the problem of justice of borders). The literature has explored the second but ignored the first. Therefore, I propose a different approach to the ethics of immigration by focusing on concerns of legitimacy in a three-step framework: first, identifying the kind of authority or power that immigration controls exercise; second, redefining borders as international and domestic institutions that issue that kind of power; and finally, considering supranational institutions that redistribute the right to exclude among legitimate borders. (shrink)

In the last few decades, residency in some of the world’s desired destination cities has become a privilege, as housing supply has not kept pace with population growth. This has led to a significant rise in housing prices and consequently to the exclusion of middle- and low-income populations on a large scale. These developments have received only scant attention in political theory despite their prominence in local policymaking and their contribution to processes of redrawing the boundaries of inclusion into local (...) political communities. My focus in this article is on the question ‘is it morally permissible for cities to sort members by economic means, and grant the better-off privileged access to residency?’ I explore this question by examining the main arguments used to support the city’s right to selectively admit would-be members. This allows me to delineate the limitations of the city’s general duty to be accessible to all segments of society and to present particular cases where the city has special obligations to incorporate nonmembers. (shrink)

This is the Introduction to a collected volume.

The best arguments for a nation-state’s right to exclude unwanted outsiders actually condemn nation-level regimes of restriction. Two argumentative steps lead to this conclusion. The first points out that the best arguments for exclusion generalize: if they show that nation-states have the right to exclude, they perform the same service for a great many towns, cities, subnational states, and provinces. The second step constructs a dilemma. The right to exclude is important enough to justify the suffering of would-be immigrants, or (...) it is not. If it is, the right to exclude is very important indeed–would-be immigrants often suffer grievously. But nation-level regimes would then be a serious moral problem: they would deprive a great many municipalities of a right that matters a great deal. Turning to the dilemma’s second horn, if the right to exclude is not important enough to justify the suffering of would-be immigrants, nation-level regimes are straightforwardly immoral. Either way, we arrive at this paper’s central thesis: the best arguments for a nation-states right to exclude actually condemn nation-level regimes of exclusion. (shrink)

Legitimate states have a general right to control their borders and decide who to admit as future citizens. Such decisions, however, are constrained by principles of justice. But which principles? To answer this we have to analyse the multifaceted relationships that may hold between states and prospective immigrants, distinguishing on the one hand between those who are either inside or outside the state’s territory, and on the other between refugees, economic migrants and ‘particularity claimants’. The claims of refugees, stemming from (...) their human rights, are powerful though limited in scope: they hold against eligible states generally rather than the specific one to which they apply for asylum. Economic migrants cannot claim a right to be admitted as such, but only a right to have legitimate selection criteria applied to them. Particularity claimants, such as those seeking redress for harms inflicted on them or reward for the services they have rendered to the state, must show why awarding a right to enter is the appropriate response to their claims. Finally, does justice enable us to establish admission priorities between these different categories of migrants? (shrink)

Many of us take it for granted that states have a right to control the entry and settlement of non‐citizens in their territories, and hardly pause to consider or evaluate the moral justifications for immigration controls. For a long time, very few political philosophers showed a great deal of interest in the subject. However, it is now attracting much more attention in the discipline. This article aims to show that we most certainly should not take it for granted that states (...) enjoy a moral right to exclude would‐be immigrants. It is neither obvious nor uncontroversial. And if we cannot find adequate justifications for the existence of such a right, then we need to re‐evaluate the very backbone of current approaches to immigration policy. The paper begins with an overview of the existing academic debate about the extent of the right to freedom of movement. Next it introduces three arguments in support of the state’s right to exclude would‐be immigrants which draw on claims about the collective right to self‐determination. Finally it outlines three important challenges faced by these arguments in support of the state’s right to exclude. (shrink)

La réponse conventionnelle au problème des limites du demos est que la théorie de la démocratie n’a pas les ressources normatives pour le résoudre. Les limites du demos nous sont données par l’histoire, dont nous reconnaissons la contingence, et le travail de légitimation démocratique ne peut s’effectuer qu’a posteriori à partir de ces limites. Les critiques cosmopolitiques de cette position mettent en cause sa prémisse. Selon eux, la théorie de la démocratie nous donne une réponse normative au problème des frontières. (...) Elle consiste non pas dans la recherche vaine d’un principe normatif permettant de les déterminer, mais plutôt dans l’idée d’un demos sans limite, plaidant ainsi en faveur d’institutions juridiques ou démocratiques globales. Mon objectif est de montrer les limites de cette critique cosmopolitique afin d’esquisser un argument en faveur d’une version revue et corrigée de la position conventionnelle qui assume pleinement les conséquences de son recours à l’histoire.The conventional response to the boundary problem is to say that since democratic theory lacks the normative resources to solve it, we must accept boundaries as determined by history. Questions of democratic legitimacy only make sense from within their framework. Cosmopolitan critics contest the premise of this argument. Democratic theory provides a normative answer to the boundary problem : in principle, the demos has no limits. As democrats, we should be working towards the development of global democratic and legal institutions. My objective is to show the limits of this cosmopolitan critique and sketch an argument in favour of a revised version of the conventional position. (shrink)

Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others associate it with the (...) justification, or at least the sanctioning, of existing political authority. Authority stands for a right to rule—a right to issue commands and, possibly, to enforce these commands using coercive power. An additional question is whether legitimate political authority is understood to entail political obligations or not. Most people probably think it does. But some think that the moral obligation to obey political authority can be separated from an account of legitimate authority, or at least that such obligations arise only if further conditions hold. (shrink)

Do past state actions, such as the American conquest of northern Mexico, the British colonization of South Asia, and the Spanish expulsion of the Sephardim and Moriscos, grant contemporary Mexicans, South Asians, and the descendants of the Sephardim and Moriscos a particular right to immigrate to the United States, the United Kingdom, and Spain respectively? In this paper I examine three theoretical models for addressing this question: retrospective responsibility for historic injustice; the principle of coercively constituted identities; and the theory (...) of remedial responsibility. I argue that remedial responsibility best justifies a particular right to immigrate through responsibility for the past for three reasons. First, it relieves us of the epistemological task of establishing causal responsibility. Second, it lessens the normative task of identifying a theory of unjust harm to establish moral responsibility. Finally, it facilitates the normative task of ranking the claims to immigrate of different individuals. (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)

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)

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 (...) severe substantive injustice is much more common than many proponents of HSI have realised. Proponents of HSI must accept that if undemocratic procedures are the only way to avoid these high stakes errors, then we ought to make extensive use of undemocratic procedures. Consequently, according to almost all democratic theorists, democratic theory ought, for practical purposes, to be reoriented towards difficult moral and empirical questions about the instrumental quality of procedures. Moreover, this is potentially very practically important because if there are available instrumentally superior undemocratic procedures, then wholesale institutional reform is required. This is one of the most potentially practically important findings of normative democratic theory. In spite of this, no-one has yet explicitly recognised it. (shrink)

In this article, we introduce the project developed in this special issue: a search for principles of ‘real-world’ justice in international migration that can offer practical guidance on real political problems of migration governance. We begin by highlighting two sources of divergence between the principal topics of theoretical controversy within literatures on migration justice and the animating sources of political controversy within real national and international publics. These arise first in the framing of the problems on which normative theory is (...) purported to offer guidance, and second in the character of the normative reasons that are invoked as grounds for settling the controversies. In response to these divergences, we propose that the development of action-guiding normative theories of international migration can be supported with resources from broadly ‘realist’ approaches to political theory. We outline three key dimensions in which the ‘real-world’ theoretical approaches developed in this collection of papers connect up with important themes in the wider theoretical literature on political ‘realism’: first, a problem-centred methodological strategy; second, a focus on the value of political legitimacy; and third, a commitment to reconciling systematic engagement with real political problems and circumstances with a critical normative orientation towards political problems. (shrink)

Normative political theory over recent decades has focused mainly on what ought to be done as far as migration policies are concerned. It faces a basic challenge, which stems from two competing, yet equally fundamental, ideals underpinning liberal democratic societies: a commitment to moral universalism and the exclusionary requirement of democracy. The objective of this special issue, ‘New Challenges in Immigration Theory’, is to provide a conceptual overview of (some) immigration theories and to highlight the challenges new streams of immigration (...) pose for normative (political) theory and liberal democratic practice. The issue will consider how to reconcile state-based exclusion with a commitment to equal moral concern for all persons, by focusing on the non-standard immigration questions that have so far been ‘neglected’ by normative political theory. In line with this objective, the issue will discuss some of the inadequacies of the dominant political theories of immigration and show how such theories can be expanded to take account of new migration challenges such as brain drain, climate migration, detention of irregular migrants and asylum seekers, rights of labour migrants, transnational networks of movement, and so on. (shrink)

Despite being fundamental to democracy, the normative concept of the people, i.e. the demos, is highly unclear. This article clarifies the legitimacy of the demos’ boundaries by structuring the debate into three strains of justification: first, normative membership principles; second, its democratic functionality and the necessity of cohesion for this essential function; and third, a procedural understanding of the demos. It will be shown that normative principles can only justify its expansion towards the ideal of an unbounded demos. On the (...) other hand, the democratic function of the demos can be understood as a criterion for its restriction. This, however, is only possible on the basis of an existing polity and not for the initial constitution of the demos. Consequently, a legitimate demos has to take both inclusionary and exclusionary tendencies into account. These tendencies need to be weighed against each other in the democratic process, which leads to a fundamentally procedural understanding of the legitimacy of the demos. (shrink)

A citizen is a member of a political community who enjoys the rights and assumes the duties of membership. This broad definition is discernible, with minor variations, in the works of contemporary authors as well as in the entry “citoyen” in Diderot's and d'Alembert's Encyclopédie..

It is often believed that domestic principles of justice cannot ground freedom of international movement. Some argue that since principles of justice are not global in scope, justice does not require freedom of movement at the global level. This is problematic, for it confuses the grounds with the scope of justice. Given that the scope of justice is potentially global, freedom of movement must also be global in scope. Others have argued that the grounds of freedom of movement themselves are (...) restricted in scope. If cooperation, democracy, and coercion are what presumably ground the right to freedom of movement, to the extent that they are not global in scope, freedom of movement need not be global in scope either. In this article, I argue that even if the grounds of freedom of movement are or should not be global in scope, freedom of movement must be. (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)

Much modern discussion of the morality of migration begins with the concept of coercion, and takes the coercive nature of border enforcement as especially salient in the moral analysis of migration policy. Much migration control, however, begins not with overt coercion, but with what I term manipulations; these are ways of making migration more difficult that do not resemble canonical cases of coercion. Examples include the alteration of the physical pathways between states, attempts to deceive or mislead prospective migrants about (...) what they will discover upon arrival, and the deliberate use of abstract and complex rules to make legal migration difficult or impossible. I argue that these manipulations are worthy of independent moral examination—and that the tradition of classical liberalism has resources with which to undertake this examination. (shrink)

This paper critiques the All-Subjected Principle. The All-Subjected Principle is one of the most prominent answers to the Boundary Problem, which consists in determining who should be entitled to participate in which democratic decision. The All-Subjected Principle comes in many versions, but the general idea is that all people who are subjected in a relevant sense with regard to a democratic decision should be entitled to participate in that decision. One respect in which versions of the All-Subjected Principle differ concerns (...) how to best understand ‘subjectedness’. One view spells out ‘subjectedness’ in terms of legal bindingness. Another view understands ‘subjectedness’ in terms of coercion. I argue that the All-Subjected Principle is extensionally inadequate on both views in that it yields verdicts that are at odds with our considered judgements about certain cases. These cases involve legal norms of referral or international administrative assistance. (shrink)

Arash Abizadeh claims that ‘[a]nyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries’. He bases this conclusion on the premise that ‘to be democratically legitimate, a state’s regime of border control must result from political processes in which those subject to it—including foreigners—have a right of democratic participation’. I shall argue that this premise, even if it were correct, does not support the conclusion since ‘democratic legitimacy’ is (...) morally irrelevant: that something is ‘democratically illegitimate’ in no way suggests, let alone implies, that it is also morally impermissible or contravenes a moral right. I shall consider counter-arguments advanced against this objection by Maxime Lepoutre and Abizadeh himself and argue that they fail. Thus there is no valid democratic argument against border coercion. (shrink)

According to neo-republicans, democracy is morally justified because it is among the prerequisites for freedom as non-domination. The claim that democracy secures freedom as non-domination needs to explain why democratic procedures contribute to non-domination and for whom democracy secures non-domination. This requires an account of why domination is countered by democratic procedures and an account of to whom domination is countered by access to democratic procedures. Neo-republican theory of democracy is based on a detailed discussion of the former but a (...) scant discussion of the latter. We address this lacuna by interpreting the two most influential principles of inclusion, the all-subjected principle and the all-affected principle, in light of neo-republican commitments. The preliminary conclusion is that both principles are able to capture relations of domination between the democratic state and the people controlled by it in the relevant sense. Yet, the state has virtually unlimited powers to control residents, but only limited powers to interfere in the lives of non-residents. Republican aspirations are therefore more in tune with the all-subjected principle according to which only residents in the territory of the state should be granted rights to political participation. (shrink)

A defining feature of democracy is the inclusion of members of the political association. However, the corresponding right to exclusion has attracted undeservedly scant attention in recent debates. In this paper, the nature of the right to exclusion is explored. On the assumption that inclusion requires the allocation of legal power-rights to the people entitled to participate in the making of collective decisions, two conceptions of the right to exclusion are identified: the liberty-right to exclude and the claim-right to exclude. (...) The choice between them depends on the nature of the interests that justifies the power-rights of people included. The position is defended that if rights to democratic participation are power-rights, we must also accept that the people included have claim-rights to the exclusion of non-members. (shrink)

This paper intersects the literature on the democratic boundary problem with the literature on the constructivist turn in political representation to show that the boundary problem broadly construed involves a distinction between ‘the problem of inclusion’ (into pre-existing demoi and their decision-making procedures) and ‘the problem of constituting the demos’ (which involves criteria for partaking in constituent power). This distinction is consistently neglected by democratic theorists. However, it has serious implications for representative democracies because the standard answers to the boundary (...) problem – the all-affected-interests principle, the all-subjected principle, and the substantive-demos principle – do not apply to the problem of constituting the demos. A new principle aimed at the latter problem is here proposed: the constructivist-representative principle. In the end, it should be clear that ascertaining who should be entitled to participate in which democratic decision requires the adoption of different principles depending on the specific demos in question and on the type of decision-making procedure involved (e.g., constitution-making-or-changing, lawmaking, policymaking, etc.). (shrink)

This article addresses the problem of ‘the legitimacy of the people’, that is, what constitutes the legitimate demarcation of the political units within which democracy is practiced? It is commonplace among philosophers to argue that this problem cannot be solved by appeal to democratic procedure because every attempt to do so results in an infinite regress. Based on a social contract theoretical analysis of the problem, this view is rejected. Although contract theorists have ignored the problem of the legitimacy of (...) the people, this article nevertheless argues for one specific, and currently dominant, type of contract view – ‘contractarianism’ – that it contains the conceptual tools to solve it. In a contractarian view, the people are understood as a cooperative venture for mutual advantage and accordingly consist of only those individuals for whom it is mutually beneficial to bind themselves to one another. It is argued that contractarianism offers a procedurally democratic solution to the problem of the legitimacy of the people that does not cause an infinite regress. Furthermore, this article refutes a classic criticism of contractarianism’s account of moral standing. Finally, the article demonstrates contractarianism’s practical implications for one specific articulation of the problem of the legitimacy of the people, namely, immigration. (shrink)

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 (...) identified and examined, referring to those subject to legal duties and legal powers or to those subject to legal duties and state institutions. The contrast between them is most clearly illustrated in relation to non-residents, those not present in the territory of the state. The extraterritorial dimension of the law thus highlights a fundamental ambiguity in the theory of democracy concerning the extension of political rights. (shrink)

Until relatively recently, few democrats had much to say about the constitution of the ‘demos' that ought to rule. A number of recent writers have, however, argued that all those whose interests are affected must be enfranchised if decision-making is to be fully democratic. This article criticizes this approach, arguing that it misunderstands democracy. Democratic procedures are about the agency of the people so only agents can be enfranchised, yet not all bearers of interests are also agents. If we focus (...) on agency, rather than who is affected, then this leads us to focus on the permissible limits of action, rather than who makes the decision. Just as individual sovereignty is ordinarily limited by the requirement not to injure others, we may apply similar restrictions to what a demos can permissibly do. Thus, any collection of individuals may choose to regulate their affairs collectively for mutual benefit, but should be prohibited from imposing negative externalities on outsiders. On this view, the constitution or definition of the demos is arbitrary, from the democratic point of view. Moreover, democracy does not require the expansion of the franchise, unless injuries cannot be avoided. (shrink)

According to the democratic borders argument, the democratic legitimacy of a state's regime of border control requires granting foreigners a right to participate in the procedures determining it. This argument appeals to the All-Subjected Principle, which implies that democratic legitimacy requires that all those subject to political power have a right to participate in determining the laws governing its exercise. The scope objection claims that this argument presupposes an implausible account of subjection and hence of the All-Subjected Principle, which absurdly (...) implies that all domestic laws subject foreigners to their requirements. I argue that this objection misconstrues the logical structure of the legal requirements enshrined in domestic laws: domestic laws typically enshrine narrow-scope, not wide-scope, legal requirements. To be sure, some state laws do subject foreigners to their requirements, and the All-Subjected Principle conditions democratic legitimacy on granting foreigners some say in determining them. But the best reading of the Principle does not have such general expansionary implications. (shrink)

In this paper I examine the question of what duties the principles of democratic legitimacy prescribe for receiving states towards asylum seekers in general, and towards those who belong to vulnera...

Much of the debate around temporary foreign worker programs in recent years has focused on full or partial access to rights, and, in particular, on the extent to which liberal democratic states may be justified in restricting rights of membership to those who come and work on their territory. Many accounts of the situation of temporary foreign workers assume that a full set of rights will remedy moral inequities that they suffer in their new homes. I aim to show two (...) things: first, and based on experiences reported by former Live-in-Caregivers in Canada who now have access to the full set of citizenship rights, and German citizens who are descendants of Kurdish guestworkers in Germany, I have proposed that even after gaining citizenship, many of them experience social stigma and a sense of exclusion. Second, I have argued that this neglects a basic need that individuals have, which is to have access to relational resources within society in order to be protected against social deprivation. This need is seemingly immune to be effectively protected through the known catalogue of social, civic and political rights. Instead, I argue that social deprivation needs to be analyzed through the lens of institutional vulnerability to yield an analysis of the moral obligations of liberal democratic states. (shrink)

It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend to result either (...) in fairly strong cases for open borders or in denials that considerations of justice apply to immigration at all, which results in state discretion positions. This state of debate is both theoretically unsatisfactory and normatively implausible. The paper therefore explores an alternative approach to the right to exclude immigrants from the perspective of recent debates about the territorial rights of states. The right to exclude claimed by states is analysed and it is shown to differ both conceptually and normatively from rights to impose political authority within a territory. The paper finally indicates how this analysis might broaden the focus of debates about immigration and suggest alternative regimes of migration regulation the possibility of which is obscured by traditional justice approaches. (shrink)

It is widely believed that immigrants, after some time, acquire a claim to naturalize and become citizens of their new state. What explains this claim? Although existing answers (may) succeed in justifying some of immigrants' rights claims, they cannot justify the claim that immigrants are owed the opportunity to naturalize because these theories lack a sufficiently rich account of the purpose of citizenship. To fill this gap, I offer a novel egalitarian account of citizenship. Citizenship, on this account, partially protects (...) immigrants against social hierarchy by realizing social equality in a publicly accessible manner. This explains claims to naturalize. (shrink)

This article examines Swedish, Danish and Norwegian governments’ participation in the European Return Platform for Unaccompanied Minors project and its failed attempts to deport unaccompanied minors to Afghanistan. It argues that ERPUM is an interesting and urgent case of a “deportation corridor”, and suggests that this framework can benefit from analysis through normative and applied ethics and in particular discussions of feasibility constraints. It therefore identifies and critically assesses two nationalistic arguments for deportation common in Nordic politics, based on appeals (...) credibility and humanitarianism. Considering the growth of nationalistic immigration policies in Nordic states, the article turns the usual discussions of feasibility on its head by showing that not only cosmopolitan, but also nationalistic ethics must face up to charges of lacking realism. More specifically, it argues that the case of ERPUM illustrates how nationalistic deportation ethics can rely on inconsistent normative and erroneous empirical assumptions, which can be criticized for their arbitrariness, ideological grounding and lacking feasibility. (shrink)

Do states have a right to exclude prospective immigrants as they see fit? According to statists the answer is a qualified yes. For these authors, self-determining political communities have a prima facie right to exclude, which can be overridden by the claims of vulnerable groups such as refugees and children born in the state’s territory. However, there is a concern in the literature that statists have not yet developed a theory that can protect children born in the territory from being (...) excluded from the political community. For if the self-determining political community has the right to decide who should form the self in the first place, then that right should count against both newcomers by immigration and newcomers by birth. Or so the concern goes. In this essay, I defend statism against this line of criticism and provide a liberal justification for the inclusion of children born within the state’s borders. My account leads to some surprising implication for citizenship law, as well as immigration arrangements in the area of asylum and unauthorized immigration. (shrink)

In this article, I address the question: what kind of normative principles should regulate the governance processes through which migration across international borders is managed? I begin by contrasting two distinct categories of normative controversy relating to this question. The first is a familiar set of moral controversies about justice within border governance, concerning what I call the ethics of exclusion. The second is a more theoretically neglected set of normative controversies about how institutional capacity for well functioning border governance (...) can best be achieved, concerning what I call the constitution of control of international borders. I argue that progress can be made in resolving controversies of the latter kind by applying a new normative theory of political legitimacy, distinct from the moral theories of justice routinely applied to ethics of exclusion controversies. On the ‘collective agency’ model of political legitimacy that I propose here, principles of political legitimacy have the regulatory role of combating complex collective action problems that may otherwise impede an institution’s collectively valuable functions. Through applying this theory, I sketch some provisional prescriptions for the design of international border governance institutions that may follow from the demand for strengthening their political legitimacy. (shrink)

This discussion looks at immigration through philosophical debates of democracy, coercion, and autonomy. There seems to be a fundamental contradiction between democratic state's border control and democratic legitimacy. First, I discuss the democratic legitimacy and the need for democratic justifications with the invasion of autonomy.Then, I discuss Arash Abizadeh's argument that border control is coercive and invades personal autonomy, and David Miller's response that border control does not amount to coercion, but is prevention. I conclude border control invades autonomy even (...) if it is not coercive, and thus, democratic justifications are needed. Ultimately, I suggest that open borders should be encouraged because it is the better alternative to what is required of democratic justification for close borders. (shrink)