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 (...) according to social categories such as class and gender. These empirical theories reveal the causal impact of institutions regulating migration and clarify moral obligations frequently overlooked by normative theorists. (shrink)

Argues that the War on Drugs and policies that deny convicted felons equal access to employment, housing, education and public benefits create a permanent under-caste based largely on race. Reprint. 12,500 first printing.

Eminent political theorist Joseph Carens tests the limits of democratic theory in the realm of immigration, arguing that any acceptable immigration policy must be based on moral principles even if it conflicts with the will of the majority.

This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s.

Freedom as non-domination provides a distinctive criterion for assessing the justifiability of migration controls, different from both freedom of movement and autonomy. Migration controls are dominating insofar as they threaten to coerce potential migrants. Both the general right of states to control migration, and the wide range of discretionary procedures prevalent in migration controls, render outsiders vulnerable to arbitrary power. While the extent and intensity of domination varies, it is sufficient under contemporary conditions of globalization to warrant limits on states’ (...) discretion with respect to admission. Reducing domination requires, rather than removing all immigration restrictions or democratically justifying them to all, that there be certain constraints on states’ freedom to control migration: giving migrants a publicly secured status somewhat analogous to that enjoyed by citizens, subjecting migration controls to higher legal regulation, and making immigration policies and decision contestable by those who are subject to them. (shrink)

Carens has done more than any other political theorist or philosopher to develop the normative perspective of prospective migrants from within the liberal democratic tradition, but he has not sufficiently engaged with the other side of the argument – in particular, with the value of political community and the principle of collective self-determination. What is at stake for the immigrant-receiving country that might justify its claim to control immigration? I first examine Carens’ theory of social membership and its connection to (...) political community. I then discuss his method of ‘political theory from the ground up’ and his interpretation of democratic principles. I conclude with a discussion of the principle of collective self-determination. (shrink)

How should we understand the political morality of migration? Are travel bans, walls, or carrier sanctions ever morally permissible in a just society? This book offers a new approach to these and related questions. It identifies a particular vision of how we might apply the notion of justice to migration policy - and an argument in favor of expanding the ethical tools we use, to include not only justice but moral notions such as mercy.