The aim of this paper is to offer a broad characterization of the kind of account that I believe cannot plausibly face conclusively the problem of the ethics of immigration restrictions in a non-ideal world at the level of the constitutional essentials. I argue that justice-based accounts of immigration controls fail to normatively evaluate what immigration controls do to outsiders subjected to them in non-ideal conditions, so judgments of justice by themselves tend to be overall bad for the interest of (...) immigrants. I explain this by insisting that a prior question about the legitimacy of immigration controls have been overlooked by familiar accounts. A full account of the ethics of immigration suitable for guiding constitutional essentials should be able to connect distinct kinds of justice-based evaluations in order to ask both, what legitimacy requires from territorial institutional control as well as what justice requires from immigration policy. (shrink)

This article argues, first, that there is an unappreciated and difficult problem of explaining why states have positive obligations to perform certain actions—such as providing minimum protection—for all those persons in their territories and, second, that one possible solution is to locate the source of the obligations in the political power that states assume over their territories. The article analyzes the principal, superficially plausible accounts of state territorial obligations and shows that they each fail. Among the reasons for the failure (...) is that these accounts cannot explain the existence of territorial obligations in important cases where we would expect the state to have such obligations. The article then argues for an account in terms of state political power that both avoids the major problems affecting other explanations and rests on prima facie plausible moral foundations. (shrink)

This article highlights two interlocking themes in moral and political philosophy in the Kantian tradition and examines their import for issues in international relations. First, I examine how constructivist interpretations of Kantian moral theory can inform an understanding of Kant’s Perpetual Peace and passages in other key texts that deal with international relations. Second, drawing on the constructivist tradition, I examine Kant’s remarks on the dependency of domestic justice on international justice. By bringing these two themes together, I put forward (...) a Kantian view of international relations that emphasizes the role of morality in resolving practical problems at the international level and draws attention to the ways in which solving problems of domestic justice is contingent on also solving problems of international justice. Each of these points provides a Kantian response to, and the second puts pressure on, realist views in international relations. (shrink)

Kant’s philosophy of natural science has traditionally concentrated on a host of issues including the role of laws of nature and teleological judgements. However, so far, the literature has made virtually no contact with the no less important tradition in Kant’s legal and political philosophy. This article explores one aspect of such connection in relation to the normative foundations of Kant’s notion of cosmopolitan right. I argue that Kant’s argument for cosmopolitan right is based on two main premises: the first (...) is what I call the law of equilibrium, and the second is the premise of physical interaction (commercium in Latin) at work behind what Kant called the original ‘community of land’. The article argues that the relevant notion of community qua commercium should be understood in the context of Kant’s metaphysics of nature as a ‘real community of substances’ governed by a dynamical law of equality of action and reaction. This metaphysical-causal interpretive reading has far-reaching implications for the foundations of cosmopolitan right and its scope of applicability well beyond Kant’s envisaged right to universal hospitality. (shrink)

Is it possible to justify territorial rights? Provided a justification for territorial rights can be found, does it ground claims toparticularterritories? And provided a claim to particular territories can be justified, what kind of claim is it? Is it a claim to jurisdiction? A claim to control resources? A claim to control the movement of people across borders? In this paper I review some prominent accounts seeking to answer these questions. After outlining their main features, I focus on some difficulties (...) they encounter, in particular with regard to the justification of exclusion. (shrink)

This paper makes the case for amnesty of irregular migrants by reflecting on the conditions under which a wrong that is done in the past can be considered superseded. It explores the relation between historical injustice and irregular migration and suggests that we should hold states to the same stringent standards of compliance with just norms that they apply to the assessment of the moral conduct of individual migrants. It concludes that those standards ought to orient migrants and citizens’ moral (...) assessment of how their states handle questions of irregular migration and to inform political initiatives compatible with these moral assessments. (shrink)

ABSTRACTDid Kant believe we need a world government? It has been a matter of controversy in Kant scholarship whether Kant endorsed the creation of a world state or merely a voluntary federation of states with no coercive power. I argue that Kant's main concern was with a global juridical condition, which he regarded as a rational requirement given the equal freedom and equality of individuals. However, he recognized that implementing this rational ideal requires sensitivity to contingent aspects of world politics. (...) I will argue that Kant offers an ideal theory not disentangled from realist considerations and that he adopts what I will call methodological realism: the attempt to realize the requirements of Right in a world governed by its own laws and mechanisms. I will illustrate this interpretation with Kant's discussion of the right of nations. The confusion in regard to Kant's actual position on the matter, I will argue, is a direct consequence of Kant's methodological realism. The... (shrink)

RESUMEN En la ética y la filosofía política contemporáneas es común apelar a alguna forma de consenso hipotético para justificar contenidos normativos. En el presente artículo llamo a esta posición "contractualismo" y defiendo tres tesis al respecto. Primera, es correcta la objeción común al contractualismo de que la estipulación de un consenso hipotético en una situación ideal de deliberación no añade nada a la justificación del contenido normativo en cuestión. Segunda, esta objeción da pie a lo que llamo "el dilema (...) contractualista": cuando hay una situación de desacuerdo entre dos agentes sobre si un contenido normativo x es correcto, apelar a un acuerdo hipotético en condiciones ideales de deliberación como medio para justificar x, equivale a caer en petición de principio o a establecer una trivialidad. Tercera, a la luz del "dilema contractualista", el contractualismo no debe ser entendido como un método de justificación normativa. ABSTRACT It is common practice in contemporary ethics and political philosophy to appeal to some sort of hypothetical consensus to justify normative contents. In this article, I call that position "contractualism" and argue for three thesis in that respect. First, the common objection to contractualism is correct, namely, that stipulating a hypothetical consensus in an ideal situation of deliberation adds nothing to the justification of the normative content at stake. Secondly, this objection gives rise to what I have called "the contractualist dilemma": in a situation of disagreement between two agents over whether a normative content x is correct, resorting to a hypothetical agreement in ideal deliberation conditions as a means to justify x amounts to falling into petitio principii or to establishing a triviality. Third, in view of "the contractualist dilemma", contractualism should not be understood as a method of normative justification. (shrink)

En la ética y la filosofía política contemporáneas es común apelar a alguna for-ma de consenso hipotético para justificar contenidos normativos. En el presente artículo llamo a esta posición “contractualismo” y defiendo tres tesis al respecto. Primera, es correcta la objeción común al contractualismo de que la estipulación de un consenso hipotético en una situación ideal de deliberación no añade nada a la justificación del contenido normativo en cuestión. Segunda, esta objeción da pie a lo que llamo “el dilema contractualista”: (...) cuando hay una situación de des-acuerdo entre dos agentes sobre si un contenido normativo x es correcto, apelar a un acuerdo hipotético en condiciones ideales de deliberación como medio para justificar x, equivale a caer en petición de principio o a establecer una trivialidad. Tercera, a la luz del “dilema contractualista”, el contractualismo no debe ser en-tendido como un método de justificación normativa. (shrink)

There exists a longstanding debate over the global institutional implications of Immanuel Kant's political philosophy: does such a philosophy entail a federal world government, or instead only a co...

This article examines Kant’s theory of property through a comparative analysis of Gottfried Achenwall’s justification of ownership rights. I argue that at the core of Achenwall’s and Kant’s understanding of ownership rights lies the idea that rights are to be acquired through a juridical act (factum iuridicum, rechtlichen Act) of the will. However, while Achenwall thinks of this act as emerging from a private will, Kant holds that rights and obligations can only be brought about by an act of the (...) general will. By contrasting these two views, I aim to illuminate one of the main features of Kant’s theory of property, namely, that ownership rights are only possible in a rightfully constituted state. I conclude with a suggestion regarding Kant’s view of the notion of ‘provisional’ possession in the state of nature. (shrink)

What is special about refugees? In this paper, I argue that the two main accounts of who should count as a refugee have major shortcomings. The first, based on protection from persecution, is too n...

An influential interpretation of Kant’s Doctrine of Right suggests that the relationship between public right and freedom is constitutive rather than instrumental. The focus has been on domestic right and members’ relations to their own state. This has resulted in a statist bias which has not adequately dealt with the fact that Kant regards public right as a system composed of three levels – domestic, international and cosmopolitan right. This article suggests that the constitutive relationship is between all levels of (...) right, on the one hand, and ‘freedom in the external relation’ of all human beings, on the other hand. (shrink)

In ‘What’s Wrong with Colonialism,’ Lea Ypi argues that the wrong of colonialism can be expressed as procedural wrongs, not as wronging territorial rights. On her view, colonial practices went wrong in two ways: they forced residents into political associations, and the terms of the political association were not established through equal and reciprocal negotiations. I argue that because Ypi’s account successfully side-lines all but essential claims to territory, her theory ends up being vulnerable to an objection it means to (...) avoid. Historical residents may be subject to unequal treatment under newly formed political associations because their historical patterns of land use are not considered to have any independent moral weight. My analysis does not rely on any appeal to property or territorial rights. Instead, I appeal to pre-existing obligations holding between residents. (shrink)

This article examines the nature of the wrongs that are inflicted on individuals and groups who have been expelled from the land that they previously occupied, and asks what they might consequently be owed as a matter of corrective justice. I argue that there are three sorts of potential wrongs involved in such expulsions: being deprived of the moral right of occupancy; being denied collective self-determination; and having one's property rights violated. Although analytically distinct, all of these wrongs are likely (...) to be perpetrated when people are expelled from their homelands. Although there is substantial literature on corrective justice dealing with such cases, most of that literature focuses on the expropriation of property only, and is therefore unlikely to grasp the full implications of the wrong done or to reveal the full extent of what might be owed to people as a matter of corrective justice. (shrink)

This article examines John Simmons’ Lockean theory of territorial rights and defends the superiority of the rival nationalist theory that he rejects. It begins by arguing that all philosophical acc...

I argue that Kant’s mature political philosophy entails the provisionality thesis. The provisionality thesis asserts that in a world like ours, populated with beings sufficiently like us, acquired rights (rights to external objects of choice, including property, sovereignty and territory) are necessarily provisional. I motivate the standard view, which restricts the notion of provisional right to the state of nature and the transition from the state of nature to the civil condition. I then provide two textual arguments against it. I (...) conclude by reflecting on the normative implications of the provisionality thesis, arguing that they are more modest than has been formerly appreciated. (shrink)

Is democracy necessarily bound to territorial spaces and boundaries, or can democratic processes and institutions dispense with territorial ties? To answer this question, which arises, for example, in debates about democracy beyond the state, this article reconstructs conceptions of territory influential in democratic theory, as well as in recent debates on transnational citizenship and territorial rights. It establishes the container-space, social-space, and place conceptions of territory, and negotiates a nuanced and multi-dimensional understanding of territorial spaces and boundaries and their relations (...) to democracy. Based on this conception, democracy does not necessarily depend on (a) territory. Neither, however, should this connection be dismissed lightly. Instead, proponents of both the preservation and the loosening of ties between democracy and territory need to answer two distinct, yet complementary questions concerning (1) the justification of territorial spaces and boundaries as social spaces, and (2) the functions they fulfil as container spaces. Exclusive place conceptions of territory, however, are not consistent with the proposed understanding of territory. In the final part, this article negotiates institutional perspectives for plural democratic spaces and boundaries by briefly reviewing theoretical sketches on democracy beyond the state, as well as developing constellations of nested political spaces within the European context. (shrink)

Is democracy necessarily bound to territorial spaces and boundaries, or can democratic processes and institutions dispense with territorial ties? To answer this question, which arises, for example, in debates about democracy beyond the state, this article reconstructs conceptions of territory influential in democratic theory, as well as in recent debates on transnational citizenship and territorial rights. It establishes the container-space, social-space, and place conceptions of territory, and negotiates a nuanced and multi-dimensional understanding of territorial spaces and boundaries and their relations (...) to democracy. Based on this conception, democracy does not necessarily depend on (a) territory. Neither, however, should this connection be dismissed lightly. Instead, proponents of both the preservation and the loosening of ties between democracy and territory need to answer two distinct, yet complementary questions concerning (1) the justification of territorial spaces and boundaries as social spaces, and (2) the functions they fulfil as container spaces. Exclusive place conceptions of territory, however, are not consistent with the proposed understanding of territory. In the final part, this article negotiates institutional perspectives for plural democratic spaces and boundaries by briefly reviewing theoretical sketches on democracy beyond the state, as well as developing constellations of nested political spaces within the European context. (shrink)

En este trabajo intento hacer algunos aportes al diálogo entre María Julia Bertomeu y Nuria Sánchez Madrid publicado en Con-Textos Kantianos en 2019. Me interesa establecer que la teoría kantiana de la propiedad es una teoría crítica que no justifica los derechos de propiedad privada y las relaciones de propiedad existentes sino que sirve para señalar el carácter no absoluto de los derechos de propiedad privada y la necesidad normativa de modificar las relaciones de propiedad existentes.

[full article, abstract in English; abstract in Lithuanian] During the last few years, it has become usual to turn to some seventeenth century readings of the traditional idea of an original common possession of the earth for philosophical aid to explain and support the rights of persons in situations of extreme need, including refugees. Hugo Grotius’s conception of this idea is one of the most cited ones. In this paper, I hold that a Grotian reading of the idea of an (...) original common possession of the earth is not a fruitful principle if we want to elaborate a solid defence of the rights of the ones in need. I reconstruct and analyse the role this idea has in Grotius’s theory of private property and present objections to it from a Kantian perspective. (shrink)

Why do we assign to countries rights to all the positive utilities from their natural resources, but hold them under no duty to bear costs for the negative utilities generated by those resources for those beyond their borders? In this paper I suggest that this ‘volcanic asymmetry’ has been overlooked by statist and cosmopolitan theories and that, despite of the arguments that might be given on its behalf, keeping this asymmetry requires further normative justification. I present two ways of getting (...) rid of it, conclude that neither is satisfactory, and point to an alternative path. (shrink)

Recent theories of territorial rights could be characterized by their growing attention to environmental concerns and resource rights (understood as the rights of jurisdiction and/or ownership over natural resources). Here I examine two: Avery Kolers’s theory of ethnogeographical plenitude, and Cara Nine’s theory of legitimate political authority over people and resources. While Kolers is a pioneer in demanding ecological sustainability as a minimum requirement for any viable theory of territorial rights – building a bridge between environmental and political philosophy – (...) Nine highlights a crucial distinction when looking at territorial rights from a global justice perspective, namely that between jurisdictional powers and ownership rights over resources. Daring and innovative at first glance, I claim that both theories present, however, deep ambiguities and retreat from their radical implications which, if taken seriously, would lead to a massive redrawing of current territorial borders. (shrink)

With growing vigor, political philosophers have started questioning the Westphalian system of states as the main actors in the international arena and, within it, the doctrine of Permanent Sovereignty over Natural Resources. In this article I add to these questionings by showing that, when it comes to migratory natural resources, i.e., migratory species, a plausible theory of territorial rights should advocate a regime of shared sovereignty among states. This means that one single entity should represent their interests and maybe also (...) those of third parties, managing and making decisions over the resource as a whole. Although such a regime might be the tacit goal of existing international conventions regarding wildlife, it remains untheorized in political philosophy and largely under-theorized in international law. By presenting the critical situation of the monarch butterfly in North America, I point to the inadequacy of the compartmentalized current regime, which generates injustice in migration; namely, the phenomenon whereby range states of a given species may neglect or over-exploit it while in their territory, to the detriment of others. I suggest that more flexible and imaginative governance arrangements are needed to deal in a better way with these and similar natural resources. (shrink)

Liberals conceive of territorial rights as dependent on the legitimacy of the state, which is in turn understood in terms of the state’s protection of individual rights and freedoms. Such justifications of territorial rights have difficulties in addressing the right to control immigration, which is therefore in need of additional justification. The paper considers Christopher Heath Wellman’s liberal proposal for justifying the right to control immigration, which understands the right as derivative of a general right to freedom of association held (...) collectively by the people of the state. The paper argues that state legitimacy and freedom of political association fail to connect in the way required to justify a right to control immigration. Wellman’s argument conflates the state as an institution and the people as a political collective and elides the difference between territorial jurisdiction and associational freedom. (shrink)

Most people assume that the natural resources of a country belong to its people. Theorists of cosmopolitan resource justice have recently questioned this assumption, arguing that extensive rights of peoples over natural resources cannot be justified. In response, defences of peoples’ resource rights, grounded in the value of self-determination, have been tepid. This paper argues against both positions. It advances the distinct thesis that popular resource sovereignty is justified as the resource rights allocation that maximizes well-being. This consequentialist account provides (...) superior normative foundations for peoples’ resource rights. (shrink)

In this article I argue that the current readings of permissive law fall into hermeneutical difficulties and do not completely explain Kant’s complex use of the concept. I argue that the shortcomings of these interpretations can only be overcome by relating permissive law to practical teleology. That teleological thinking has a role in Kant’s moral thought by way of history is not new. Here, however, I argue that the system of rights itself is in some manner teleologically situated. This interpretation (...) allows us to understand that Kant’s Doctrine of Right plays the role of a realist utopia. (shrink)

Neste artigo fazem-se algumas considerações sobre a justificação da propriedade privada na filosofia do direito de Kant. A partir da análise do conceito de lei permissiva da razão, defende-se que na filosofia do direito opera uma perspectiva teleológico- reflexionante de caráter prático, a qual permite compreender, por um lado, que a propriedade no estado de natureza seja legítima ao mesmo tempo em que é problemática, enquanto, por outro lado, o estado civil envolve a exigência de que a propriedade seja adequada (...) segundo as condições de um sistema de justiça distributiva. (shrink)

Many studies have deduced subterranean dialogues between Hannah Arendt and Carl Schmitt from indirect evidence. This article uses new evidence from marginalia in Arendt’s copy of Nomos of the Earth and finds that she formed, but never published, an incisive critique of Schmitt’s geopolitics. Through an analysis of Arendt’s comments on the topics of soil, conquest, and contract, I show that Arendt deemed Schmitt’s theory to be imperialist and in contradiction with itself. Her reading of Schmitt prompts important new questions (...) regarding the scholarly use of Schmitt’s conception of nomos as a tool of critique against American empire in the post-9/11 era. The marginalia also suggests, against past scholarship, that Arendt thought justice should play a central role in politics. I propose that we look to Arendt’s own conception of nomos, which she developed later, in order to form an alternative geopolitics. Because of her focus on intersubjective world-building, Arendt’s nomos embraces contract and promise-mak... (shrink)

This paper argues that the Lockean proviso can be utilized as a relevant principle of justice for food security under global climate change. Since reducing GHG emissions is key to enhancing food security, we suggest a global food security scheme that systematically allots, among all people, access to GHG sinks in food systems impacted by global climate change. For consideration of the scheme, it is important to have a principle of justice. Furthermore, it should incorporate the value of fairness. A (...) relevant principle of climate justice for food security should meet the following criteria: (1) the parties concerned under the scheme are states; (2) fairness does not undermine the requirement that the basic needs of all people must be met; (3) when determining fair burdens, a fair distribution of the rights to use GHG sinks should be sensitive both to each state’s responsibility for its GHG emissions and to (4) each state’s effort to reduce such emissions. With them in mind, first, we argue that the Lockean proviso can provide legitimate guidance for each state. Second, the Lockean proviso reasonably enjoins that a state has a right to a food system that secures its citizens’ basic needs, and a duty to meet the basic needs of other people. Third, the Lockean proviso can be deployed as a principle of both global justice and intergenerational justice for food security. Finally, the Lockean proviso enables us to count the reduction of GHG emissions by each state as “the fruits of its labors”. (shrink)

The paper provides a systematic account of Kant’s ‘right to be somewhere’ as introduced in the Doctrine of Right. My claim is that Kant’s concern with the concurrent existence of a plurality of corporeal agents on the earth’s surface occupies a rarely appreciated conceptual space in his mature political philosophy. In grounding a particular kind of moral relation that is ‘external’ but not property-mediated, it provides us with a fundamentally new perspective on Kant’s cosmopolitanism, which I construe as a cosmopolitanism (...) for ‘earth dwellers’. (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)

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)

En este trabajo se pide suponer que algo está mal con el colonialismo, con lo cual se hace una revisión de las principales posturas que intentan justificarlo, para mostrar que no resuelven correctamente ciertos cuestionamientos.

Reflection on the historical injustice suffered by many formerly colonized groups has left us with a peculiar account of their claims to material objects. One important upshot of that account, relevant to present day justice, is that many people seem to think that members of indigenous groups have special claims to the use of particular external objects by virtue of their attachment to them. In the first part of this paper I argue against that attachment-based claim. In the second part (...) I suggest that, to provide a normatively defensible account of why sometimes agents who are attached to certain external objects might also have special claims over them, the most important consideration is whether the agents making such claims suffer from structural injustice in the present. In the third part I try to explain why structural injustice matters, in what way attachment-based claims relate to it and when they count. (shrink)

In their commentaries, Alice Pinheiro Walla and Clara Sandelind examine the leading themes and ideas presented by Stilz and Ypi, and identify areas where further analysis is required. Pinheiro Walla suggests that both Stilz's legitimate state theory and Ypi's permissive theory fail to adequately account for limitations on territorial rights. She argues that 'Ypi's permissive theory allows too much arbitrariness in regard to provisional acquisition [and] Stilz's account lacks a more unified approach to occupancy rights'.