Written by an international team of leading political and legal theory scholars whose writings have contributed to shaping the field, Migration in Political Theory presents seminal new work on the ethics of movement and membership. The volume addresses challenging and under-researched themes on the subject of migration, and debates the question of whether we ought to recognize a human right to immigrate, and whether it might be legitimate to restrict emigration. The authors critically examine criteria for selecting would-be migrants, and (...) for acquiring citizenship, as well as the tensions between the claims of immigrants and existing residents, and tackle questions of migrant worker exploitation and responsibility for refugees. All of the chapters illustrate the importance of drawing on the tools of political theory to clarifying, criticize and challenge the current terms of the migration debate. (shrink)

Semiotic objections to commodification hold that buying and selling certain goods and services is wrong because of what market exchange communicates or because it violates the meaning of certain goods, services, and relationships. We argue that such objections fail. The meaning of markets and of money is a contingent, socially constructed fact. Cultures often impute meaning to markets in harmful, socially destructive, or costly ways. Rather than semiotic objections giving us reason to judge certain markets as immoral, the usefulness of (...) certain markets gives us reason to judge certain semiotic codes as immoral. (shrink)

The political theory of migration has largely occurred within a paradigm of methodological nationalism and this has led to the neglect of morally salient agents and causes. This article draws on research from the social sciences on the transnationalism, globalization and migration systems theory to show how methodological nationalist assumptions have affected the views of political theorists on membership, culture and distributive justice. In particular, it is contended that methodological nationalism has prevented political theorists of migration from addressing the roles (...) of non-state agents and of transnational economic, social and political structures. These agents and structures contribute to the asymmetrical distribution of goods and opportunities and thus have important implications for debates about migration and distributive justice. (shrink)

This book addresses these three issues: What is discrimination?; What makes it wrong?; What should be done about wrongful discrimination? It argues: that there are different concepts of discrimination; that discrimination is not always morally wrong and that when it is, it is so primarily because of its harmful effects.

Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question.

Are democratic states permitted to denationalize citizens, in particular those whom they believe pose dangers to the physical safety of others? In this article, I argue that they are not. The power to denationalize citizens—that is, to revoke citizenship—is one that many states have historically claimed for themselves, but which has largely been in disuse in the last several decades. Recent terrorist events have, however, prompted scholars and political actors to reconsider the role that denationalization can and perhaps should play (...) in democratic states, in particular with respect to its role in protecting national security and in supporting the global fight against terror more generally. In this article, my objective is to show that denationalization laws have no place in democratic states. To understand why, I propose examining the foundations of the right of citizenship, which lie, I shall argue, in the very strong interests that individuals have in security of residence. I use this formulation of the right to respond to two broad clusters of arguments: (1) those that claim that it is justifiable to denationalize citizens who threaten to undermine the safety of citizens in a democratic state or the ability of a democratic state to function as a democratic state, and (2) those that claim that it is justifiable to denationalize dual citizens because they possess citizenship status in a second country that is also able to protect their rights. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

This book explores the constraints which justice imposes on immigration policy. Like liberal nationalists, Ryan Pevnick argues that citizens have special claims to the institutions of their states. However, the source of these special claims is located in the citizenry's ownership of state institutions rather than in a shared national identity. Citizens contribute to the construction and maintenance of institutions, and as a result they have special claims to these institutions and a limited right to exclude outsiders. Pevnick shows that (...) the resulting view justifies a set of policies - including support for certain types of guest worker programs - which is distinct from those supported by either liberal nationalists or advocates of open borders. His book provides a framework for considering a number of connected topics including issues related to self-determination, the scope of distributive justice and the significance of shared national identity. (shrink)

Many high-income countries have skill-selective immigration policies, favoring prospective immigrants who are highly skilled. I investigate whether it is permissible for high-income countries to adopt such policies. Adopting what Joseph Carens calls a " realistic approach " to the ethics of immigration, I argue first that it is in principle permissible for high-income countries to take skill as a consideration in favor of selecting one prospective immigrant rather than another. I argue second that high-income countries must ensure that their skill-selective (...) immigration policies do not contribute to the non-fulfillment of their duty to aid residents of low-and middle-income countries. (shrink)

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 paper defends a global principle of equality of opportunity, which states that it is unfair if some have worse opportunities because of their national or civic identity. It begins by outlining the reasoning underpinning this principle. It then considers three objections to global equality of opportunity. The first argues that global equality of opportunity is an inappropriate ideal given the great cultural diversity that exists in the world. The second maintains that equality of opportunity applies only to people who (...) are interconnected in some way and infers from this that it should not be implemented at the global level. The third, inspired by Rawls's The Law of Peoples, maintains that it is inappropriate to thrust liberal ideals (like global equality of opportunity) on nonliberal peoples. Each of these challenges, I argue, is unpersuasive. (shrink)

Many people think that citizenship should not be for sale. On their view, it is morally wrong for states to sell citizenship to foreigners. In this article, I challenge this view. I argue that it is in principle permissible for states to sell citizenship. I contend that, if states can permissibly deny foreigners access to citizenship in some cases, then states can permissibly give foreigners the option of buying citizenship in these cases. Furthermore, I defend the permissibility of selling citizenship (...) against the objections that selling citizenship values citizenship in the wrong way, corrupts civic norms, and unfairly discriminates against poor foreigners. I conclude by noting that, although selling citizenship is not intrinsically wrong, it could still be wrong for states to sell citizenship in practice. If existent immigration restrictions are unjust, then it may be impermissible for states to sell citizenship in the real world. (shrink)

Many of the most skilled and educated citizens of developing countries choose to emigrate. How may those societies respond to these facts? May they ever legitimately prevent the emigration of their citizens? Gillian Brock and Michael Blake debate these questions, and offer distinct arguments about the morality of emigration.

What moral standards ought nation-states abide by when selecting immigration policies? Peter Higgins argues that immigration policies can only be judged by considering the inequalities that are produced by the institutions - such as gender, race and class - that constitute our social world.Higgins challenges conventional positions on immigration justice, including the view that states have a right to choose whatever immigration policies they like, or that all immigration restrictions ought to be eliminated and borders opened. Rather than suggesting one (...) absolute solution, he argues that a unique set of immigration policies will be just for each country. He concludes with concrete recommendations for policymaking. (shrink)

The inevitable global marketplace creates a need for freer movement of labor. The question is not whether this movement will occur but how it will be implemented. This paper discusses the idea of selling citizenship rights as an alternative approach for allocating immigration and permanent residency. First presented is the rationale for using the market approach to selling citizenship. Next the political, country image, economic, and ethical implementation issues of the proposal are discussed. And last, selling citizenship is discussed in (...) terms of ethical theory and frameworks. (shrink)

The article argues that discrimination is bad as such when and because it undermines equality of opportunity. It shows, first, that other accounts, such as those concerning intent, efficiency, false representation, prejudice, respect and desert cannot account for the badness of discrimination as such. The inequality of opportunity account, in contrast, captures everything that is bad about discrimination. The article then addresses some counter-examples of practices that are discriminatory without arguably entailing inequality of opportunity, where the notable case is that (...) of segregation. It is further demonstrated that the account successfully handles some of the tricky aspects associated with discrimination, such as those concerning the confinement of discrimination to salient groups, discriminatees by means of financial compensation, in the selection of life partners, and the duties of employers. (shrink)

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 (...) that go beyond birth and lineage, and have focused instead on the value of political attachment and located life plans. These principles have several advantages over existing legal principles, but they suffer from being under-specified, as well as being over and under-inclusive. With regard to loss of citizenship, philosophers have primarily denounced citizenship withdrawal as a form of punishment by appealing to principles of fair and equal treatment. However, theories purporting to show that denationalization is always wrong have trouble explaining why loss of citizenship is so problematic for persons who have committed the most horrendous crimes against their fellow citizens, and who, in so doing, have in effect self-excluded from the political community. (shrink)

This is the first-ever book on Michael Walzer's ground-breaking and widely studied book Spheres of Justice. It contains contributions from many of the world's leading political philosophers.

David Miller explores and develops Michael Walzer's notion of complex equality as a way of bringing together the potentially conflicting ideas of distributive justice and social equality. He examines the empirical plausibility of the notion of complex equality and argues that Walzer's theory of the spheres of justice allows the construction of an understanding of distributive justice and social equality that is different from, and superior to, mainstream political philosophy.

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 (...) other nonmembers. In this paper, I take a different approach to responding to the state sovereignty view. I argue that even if we grant the premise that the rights of members generally trump the rights of nonmembers in matters of immigration policy, societies are greatly constrained in setting their immigration policies by considerations of domestic justice. The considerations that I focus on involve relationships between members and nonmembers that hold due to a shared quality or set of qualities on the basis of which members identify with nonmembers. The argument appeals to premises and principles that defenders of the state sovereignty view are committed to but concludes that this view cannot serve as a satisfactory framework for the normative assessment of immigration policies. (shrink)

It has been suggested that states have no right to directly discriminate against would-be immigrants on grounds of race or sex. However, while the discourse on cases of wrongful discrimination has largely focused on discrimination on grounds of gender, race, and sexual orientation, states frequently engage in discrimination of a different kind when it comes to admissions and naturalisation policies. It is assumed that the anti-discrimination principle does not include cases of talent-based discrimination, and that these fall well within the (...) rights of states. I wish to suggest, to the contrary, that selecting immigrants on the basis of talent is a form of wrongful discrimination. First, with reference to Deborah Hellman’s expressive theory of discrimination, I explain what is wrongful about particular forms of state discrimination between would-be migrants. Next, I tackle the issue of immigrant selection on grounds of talent, which I refer to as ‘talent-based selection’. Unlike gender or race-based selection, it is generally not regarded as wrongful discrimination, for the reason that it does not express disrespect in the same way that sexist or racist selection criteria does. I argue that this assumption is mistaken, as talent-based discrimination does involve the expression of disrespect. In the present context, it has the expressive effect of reproducing demeaning stereotypes about low-skilled foreigners. Finally, I anticipate four objections to my conclusion. (shrink)

Citizenship is no longer an exclusive relationship. Many people today are citizens of multiple countries, whether by birth, naturalization, or even through monetary means, with schemes fast-tracking citizenship applications from foreigners making large investments in the state. Moral problems surround each of those ways of acquiring a second citizenship, while retaining one's original citizenship. Multiple citizenship can also have morally problematic consequences for the coherence of collective decisions, for the constitution of the demos, and for global inequality. The phenomenon of (...) multiple citizenship and its ramifications remains understudied, despite its magnitude and political importance. In this innovative book, Ana Tanasoca explores these issues and shows how they could be avoided by unbundling the rights that currently come with citizenship and allocating them separately. It will appeal to scholars and students of normative political theory, citizenship, global justice, and migration in political science, law, and sociology. (shrink)

Brian Barry examines the idea that the demands of justice in a given society can be ascertained by interpreting the shared understandings of the meanings of the goods that are to be distributed. Focusing on Michael Walzer's claims regarding the meanings of such goods as money, health, and leisure, Barry argues that for meanings to determine the uniquely right distributions, the criteria of distribution need to be built into the meanings. He criticizes the implications of Walzer's theory for thinking about (...) global justice. (shrink)