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  1. 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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  • Settlement, Expulsion, and Return.Anna Stilz - 2017 - Politics, Philosophy and Economics 16 (4):351-374.
    This article discusses two normative questions raised by cases of colonial settlement. First, is it sometimes wrong to migrate and settle in a previously inhabited land? If so, under what conditions? Second, should settler countries ever take steps to undo wrongful settlement, by enforcing repatriation and return? The article argues that it is wrong to settle in another country in cases where one comes with intent to colonize the population against their will, or one possesses an adequate territorial base somewhere (...)
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  • Enforcement Matters: Reframing the Philosophical Debate Over Immigration.José Jorge Mendoza - 2015 - Journal of Speculative Philosophy 29 (1):73-90.
    In debating the ethics of immigration, philosophers have focused much of their attention on determining whether a political community ought to have the discretionary right to control immigration. They have not, however, given the same amount of consideration to determining whether there are any ethical limits on how a political community enforces its immigration policy. This article, therefore, offers a different approach to immigration justice. It presents a case against legitimate states having discretionary control over immigration by showing both how (...)
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  • Immigration Policy and Identification Across Borders.Matthew Lindauer - 2017 - Journal of Ethics and Social Philosophy 12 (3):280-303.
    According to the traditional state sovereignty view in the ethics of immigration literature, societies have a great deal of latitude in determining and implementing their immigration policies. This view is typically defended by appealing to the rights of members of societies, for instance to political self-determination. Opponents of the view have often criticized its partiality to members, arguing that nonmembers can also make stringent demands on societies to be admitted and given the same treatment in matters of immigration policy as (...)
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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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  • Citizenship for Children: By Soil, by Blood, or by Paternalism?Luara Ferracioli - 2018 - Philosophical Studies 175 (11):2859-2877.
    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 (...)
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  • Citizenship Allocation and Withdrawal: Some Normative Issues.Luara Ferracioli - 2017 - Philosophy Compass 12 (12):e12459.
    Philosophical discussion about citizenship has traditionally focused on the questions of what citizenship is, its relationship to civic virtue and political participation, and whether or not it can be meaningfully exercised at the supra-national level. In recent years, however, philosophers have turned their attention to the legal status attached to citizenship, and have questioned existing principles of citizenship allocation and withdrawal. With regard to the question of who is morally entitled to citizenship, philosophers have argued for principles of citizenship allocation (...)
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  • Do Duties to Outsiders Entail Open Borders? A Reply to Wellman.Shelley Wilcox - 2012 - Philosophical Studies (1):1-10.
    Wellman argues that legitimate states have a presumptive right to close their borders, excluding all prospective immigrants. He maintains that this right is not outweighed by egalitarian considerations because societies can fulfill their duties to outsiders by transferring aid instead of opening borders. I argue that societies cannot discharge their egalitarian duties by providing aid in at least two cases: when opening borders is the only way to fulfill these duties, and when transferring aid is inconsistent with egalitarian commitments. I (...)
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  • Paying Minorities to Leave.Mollie Gerver - 2018 - Politics, Philosophy and Economics 17 (1):3-22.
    In April 1962, white segregationists paid money to African Americans agreeing to leave New Orleans. In 2010, the British National Party proposed paying non-white migrants money to leave the UK. Five years later, a landlord in New York paid African American tenants to vacate their apartments. This article considers when, if ever, it is morally permissible to pay minorities to leave. I argue that paying minorities to leave is demeaning towards recipients and so wrong. Although the payments are wrong, it (...)
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  • Not Duties but Needs: Rethinking Refugeehood.Susanne Mantel - 2019 - Journal of Ethics and Social Philosophy 15 (2).
    In the scholarly debate, refugeehood is often understood to arise from a special need for basic protection, i.e., for protection of basic needs and rights. However, the main definitions of refugeehood shift to duties when aiming to develop this view. Either, refugees are defined as all those individuals who can receive basic protection from the international community, and thus arguably ought to be protected, or refugees are defined as all those to whom a special form of protection, namely protection by (...)
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  • The Right to Exclude Immigrants Does Not Imply the Right to Exclude Newcomers by Birth.Thomas Carnes - 2018 - Journal of Ethics and Social Philosophy 14 (1).
    A recent challenge to statist arguments defending the right of states to exclude prospective immigrants maintains that such statist arguments prove too much. Specifically, the challenge argues that statist arguments, insofar as they are correct, entail that states may permissibily exclude current members' newcomers by birth, which seems to violate a widely held intuition that members' newcomers by birth ought automatically to be granted membership rights. The basic claim is that statist arguments cannot account for the differntial treatment between prospective (...)
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  • The Ethics of Resisting Immigration Law.Javier Hidalgo - 2019 - Philosophy Compass 14 (12).
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  • Legitimate Exclusion of Would-Be Immigrants: A View From Global Ethics and the Ethics of International Relations.Enrique Camacho Beltran - 2019 - Social Sciences 8 (8):238.
    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 (...)
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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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  • Towards a Moral and Political Philosophy of Immigration.Alex Sager - 2019 - Radical Philosophy Review 22 (1):165-170.
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  • Idealism, Realism, and Immigration: David Miller’s Strangers in Our Midst.Phil Parvin - 2017 - Critical Review of International Social and Political Philosophy 20 (6):697-706.
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  • On the Borders of Vagueness and the Vagueness of Borders.Rory Collins - 2018 - Vassar College Journal of Philosophy 5:30-44.
    This article argues that resolutions to the sorites paradox offered by epistemic and supervaluation theories fail to adequately account for vagueness. After explaining the paradox, I examine the epistemic theory defended by Timothy Williamson and discuss objections to his semantic argument for vague terms having precise boundaries. I then consider Rosanna Keefe's supervaluationist approach and explain why it fails to accommodate the problem of higher-order vagueness. I conclude by discussing how fuzzy logic may hold the key to resolving the sorites (...)
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  • Social Freedom and Migration in a Non-Ideal World.Drew Thompson - 2019 - Ethics and Global Politics 12 (4):21-31.
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  • Health, Migration and Human Rights.Johannes Kniess - forthcoming - Critical Review of International Social and Political Philosophy:1-19.
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  • LGBT Rights and Refugees: A Case for Prioritizing LGBT Status in Refugee Admissions.Annamari Vitikainen - 2020 - Ethics and Global Politics 13 (1):64-78.
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  • The Ethics of Commercial Human Smuggling.Julian F. Müller - 2018 - European Journal of Political Theory.
    Even though human smuggling is one of the central topics of contention in the political discourse about immigration, it has received virtually no attention from moral philosophy. This article aims...
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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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  • Das demokratische Paradox des Flüchtlingsschutzes. Eine pragmatistische Untersuchung demokratischer Erfahrungs- und Lernprozesse.Daniel Kersting - 2019 - Zeitschrift Für Praktische Philosophie 6 (2):71-106.
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  • The Implications of Migration Theory for Distributive Justice.Alex Sager - 2012 - Global Justice: Theory Practice Rhetoric 5:56-70.
    This paper explores the implications of empirical theories of migration for normative accounts of migration and distributive justice. It examines neo-classical economics, world-systems theory, dual labor market theory, and feminist approaches to migration and contends that neo-classical economic theory in isolation provides an inadequate understanding of migration. Other theories provide a fuller account of how national and global economic, political, and social institutions cause and shape migration flows by actively affecting people's opportunity sets in source countries and by admitting people (...)
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  • Doing Away with Juan Crow: Two Standards for Just Immigration Reform.José Jorge Mendoza - 2015 - APA Newsletter on Hispanic/Latino Issues in Philosophy 15 (2):14-20.
    In 2008 Robert Lovato coined the phrase Juan Crow. Juan Crow is a type of policy or enforcement of immigration laws that discriminate against Latino/as in the United States. This essay looks at the implications this phenomenon has for an ethics of immigration. It argues that Juan Crow, like its predecessor Jim Crow, is not merely a condemnation of federalism, but of any immigration reform that has stricter enforcement as one of its key components. Instead of advocating for increased enforcement, (...)
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  • Resistance to Unjust Immigration Restrictions.Javier Hidalgo - 2015 - Journal of Political Philosophy 23 (4):450-470.
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  • An Argument for Guest Worker Programs.Javier Hidalgo - 2010 - Public Affairs Quarterly 24 (1):21-38.
    Several noted economists and prominent international organizations have recently advocated for the implementation of guest worker programs in developed states. Their primary argument is that guest worker programs would serve as a powerful mechanism for reducing global poverty and inequality. For example, economist Dani Rodrik estimates that guest worker programs in wealthy states would generate $200 billion or more annually for poor countries. According to Rodrik, liberalizing the temporary movement of workers would “produce the largest possible gains for the world (...)
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  • How to Mainstream Gender?Martina Cattarulla - 2016 - Jura Gentium 13 (2):86-119.
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  • Open Borders and the Ideality of Approaches: An Analysis of Joseph Carens’ Critique of the Conventional View Regarding Immigration.Thomas Pölzler - 2019 - European Journal of Analytic Philosophy 15 (1):17-34.
    Do liberal states have a moral duty to admit immigrants? According to what has been called the “conventional view”, this question is to be answered in the negative. One of the most prominent critics of the conventional view is Joseph Carens. In the past 30 years Carens’ contributions to the open borders debate have gradually taken on a different complexion. This is explained by the varying “ideality” of his approaches. Sometimes Carens attempts to figure out what states would be obliged (...)
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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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  • Does Freedom of Association Justify Restrictions on Immigration?Lars Vinx - 2015 - Res Cogitans 10 (1).
    Christopher Wellman has argued that legitimate states enjoy a right to freedom of association that necessarily includes a right to exclude immigrants. This paper shows that Wellman’s argument for this conclusion is unsound since it is based on a construction of collective rights that is inapplicable to the rights of a state.
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  • A Further Defence of the Right Not to Vote.Ben Saunders - 2018 - Res Publica 24 (1):93-108.
    Opponents of compulsory voting often allege that it violates a ‘right not to vote’. This paper seeks to clarify and defend such a right against its critics. First, I propose that this right must be understood as a Hohfeldian claim against being compelled to vote, rather than as a mere privilege to abstain. So construed, the right not to vote is compatible with a duty to vote, so arguments for a duty to vote do not refute the existence of such (...)
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  • On the ‘State’ of International Political Philosophy.Sahar Akhtar - 2015 - Analysis 75 (1):132-147.
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  • Immigration, Association, and the Family.Matthew Lister - 2010 - Law and Philosophy 29 (6):717-745.
    In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what (...)
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  • Eyes Wide Shut: The Curious Silence of The Law of Peoples on Questions of Immigration and Citizenship.Robert W. Glover - 2011 - Eidos: Revista de Filosofía de la Universidad Del Norte 14:10-49.
    In an interdependent world of overlapping political memberships and identities, states and democratic citizens face difficult choices in responding to large-scale migration and the related question of who ought to have access to citizenship. In an influential attempt to provide a normative framework for a more just global order, The Law of Peoples , John Rawls is curiously silent regarding what his framework would mean for the politics of migration. In this piece, I consider the complications Rawls’s inattention to these (...)
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  • Morality in Migration: A Review Essay. [REVIEW]Luara Ferracioli - 2012 - Global Justice: Theory Practice Rhetoric 5:120-129.
    Book review of Pevnick (2011) and Cole & Wellman (2011).
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  • Immigration Enforcement and Fairness to Would-Be Immigrants.Hrishikesh Joshi - 2018 - In David Boonin (ed.), The Handbook of Philosophy and Public Policy. Palgrave Macmillan.
    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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  • 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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  • Discrimination and the Presumptive Rights of Immigrants.José Jorge Mendoza - 2014 - Critical Philosophy of Race 2 (1):68-83.
    Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the source (...)
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  • Embodying a "New" Color Line: Racism, Ant-Immigrant Sentiment and Racial Identities in the "Post-Racial" Era.Grant Silva - 2015 - Knowledge Cultures 3 (1).
    This essay explores the intersection of racism, racial embodiment theory and the recent hostility aimed at immigrants and foreigners in the United States, especially the targeting of people of Latin American descent and Latino/as. Anti-immigrant and anti-foreigner sentiment is racist. It is the embodiment of racial privilege for those who wield it and the materiality of racial difference for those it is used against. This manifestation of racial privilege and difference rests upon a redrawing of the color line that is (...)
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  • International Migration and Human Rights.Luara Ferracioli - 2018 - In Oxford Handbook of International Political Theory. Oxford University Press.
    In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...)
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  • Latino/a Immigration: A Refutation of the Social Trust Argument.José Jorge Mendoza - 2015 - In Harald Bauder & Christian Matheis (eds.), Migration Policy and Practice: Interventions and Solutions. Palgrave-Macmillan. pp. 37-57.
    The social trust argument asserts that a political community cannot survive without social trust, and that social trust cannot be achieved or maintained without a political community having discretionary control over immigration. Various objections have already been raised against this argument, but because those objections all assume various liberal commitments they leave the heart of the social trust argument untouched. This chapter argues that by looking at the socio-historical circumstances of Latino/as in the United States, an inherent weakness of the (...)
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  • Immigration as a Human Right.Kieran Oberman - 2016 - In Sarah Fine & Lea Ypi (eds.), Migration in Political Theory: The Ethics of Movement and Membership. Oxford: Oxford University Press. pp. 32-56.
    This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be restricted in certain (...)
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  • On the Rights of Temporary Migrants.Luara Ferracioli & Christian Barry - 2018 - The Journal of Legal Studies 47 (S1): S149-S168.
    Temporary workers stand to gain from temporary migration programs, which can also benefit sender and recipient states. Some critics of temporary migration programs, however, argue that failing to extend citizenship rights or a secure pathway to permanent residency to such migrants places them in an unacceptable position of domination with respect to other members of society. We shall argue that access to permanent residency and citizenship rights should not be regarded as a condition for the moral permissibility of such programs. (...)
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  • Does Justice Require a Migration Lottery?Aveek Bhattacharya - 2012 - Global Justice: Theory Practice Rhetoric 5:4-15.
    Starting from the observation that substantively free migration is impossible in a world where millions lack the resources to move country, this article evaluates two contenders for the second-best alternative. On the face of it, arguments from freedom of association and material inequality appear to commend formally open borders, while those from liberty and equality of opportunity seem to favour a migration lottery. However, the argument from liberty gives us only a presumption in favour of freedom of movement, rather than (...)
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  • In Defense of a Category-Based System for Unification Admissions.Matthew Lindauer - 2018 - Journal of Moral Philosophy 15 (5):1-27.
    Liberal societies typically prefer relatives and spouses of their members over other prospective immigrants seeking admission. Giving this preferential treatment to only certain categories of relationships requires justification. In this paper, I provide a defense of a category-based system for "unification admissions," non-members seeking admission for the purpose of living in the same society with members on a stable basis, that is compatible with liberalism and, in particular, does not violate the requirement of liberal neutrality. This defense does not commit (...)
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  • "Why the Struggle Against Coloniality is Paramount to Latin American Philosophy".Grant J. Silva - 2015 - APA Newsletter on Hispanic/Latino Issues in Philosophy 15 (1):8-12.
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  • The Ethics of Return Migration and Education: Transnational Duties in Migratory Processes.Juan Espindola & Mónica Jacobo-Suárez - 2018 - Journal of Global Ethics 14 (1):54-70.
    ABSTRACTThis paper argues that most prominent normative theories on immigration neglect a critical dimension of the migratory phenomenon, a neglect that blinds them to important rights that, under some circumstances, immigrants ought to have as a matter of justice. Specifically, the paper argues that these theories fail to appreciate that the children of immigrant families, regardless of whether they were born in their parents’ country or in the host country, should benefit from educational rights addressing needs that are particular to (...)
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  • What Do We Owe Refugees: Jus Ad Bellum, Duties to Refugees From Armed Conflict Zones and the Right to Asylum.Jovana Davidovic - 2016 - Journal of Global Ethics 12 (3):347-364.
    In this paper I focus on duties we owe refugees from conflict zones. I argue that it is important to distinguish between two types of duties one might have with respect to refugees from conflict zones. Belligerents from wars that resulted in excess numbers of refugees, I argue, have a stringent duty to remedy past harms and provide for resulting refugees. Other states have a duty to aid which is context-dependent and can be in some cases as stringent as the (...)
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  • Climate Migration and Moral Responsibility.Raphael J. Nawrotzki - 2014 - Ethics, Policy and Environment 17 (1):69-87.
    Even though anthropogenic climate change is largely caused by industrialized nations, its burden is distributed unevenly with poor developing countries suffering the most. A common response to livelihood insecurities and destruction is migration. Using Peter Singer's ‘historical principle’, this paper argues that a morally just evaluation requires taking causality between climate change and migration under consideration. The historical principle is employed to emphasize shortcomings in commonly made philosophical arguments to oppose immigration. The article concludes that none of these arguments is (...)
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