The Jurisdiction Argument for Immigration Control

Social Theory and Practice 42 (3):581-604 (2016)
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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 of which is sensitive to consequences. Finally, the theory falsely claims that obligations necessarily reduce the freedom of the obliged.
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