This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

The question of whether or not a closed border entry policy under the unilateral control of a democratic state is legitimate cannot be settled until we first know to whom the justification of a regime of control is owed. According to the state sovereignty view, the control of entry policy, including of movement, immigration, and naturalization, ought to be under the unilateral discretion of the state itself: justification for entry policy is owed solely to members. This position, however, is inconsistent (...) with the democratic theory of popular sovereignty. Anyone accepting the democratic theory of political legitimation domestically is thereby committed to rejecting the unilateral domestic right to control state boundaries. Because the demos of democratic theory is in principle unbounded, the regime of boundary control must be democratically justified to foreigners as well as to citizens, in political institutions in which both foreigners and citizens can participate. (shrink)

Neuroscience has been proposed for use in the legal system for purposes of mind reading, assessment of responsibility, and prediction of misconduct. Each of these uses has both promises and perils, and each raises issues regarding the admissibility of neuroscientific evidence.

The movement of people across borders is one of the most pressing issues of our time. Yet it is still unclear how migration should be regulated to be fair to the sending societies, the host societies and the individual migrant. What is at issue? Are we discussing migration from an ethical or from a political philosophical perspective, or both? Are we discussing migration from a global justice perspective or social justice perspective? Do we consider political legitimacy and democratic self-determination as (...) part of our analysis? How should we balance demands of justice in immigration compared to those of emigration? (shrink)

Arash Abizadeh has recently argued that political communities have no right to close their borders unilaterally, since by doing so they subject outsiders to coercion which lacks democratic justification. His conclusion is that any legitimate regime of border controls must be justified to outsiders. David Miller has sought to defend closed borders by distinguishing between coercion and prevention and arguing that the latter does not require democratic justification. This paper explores a different route, arguing firstly that the requirements of democracy (...) do not provide us with practical guidance unless we also consider other values, such as rights, and secondly that being subject to coercion does not entitle one to democratic justification. These arguments suggest that Abizadeh is wrong to hold closed borders in need of democratic justification. (shrink)

Empirical research has recently emerged as a key method for understanding the nature of causation, and our concept of causation. One thread of research aims to test intuitions about the nature of causation in a variety of classic cases. These experiments have principally been used to try to resolve certain debates within analytic philosophy, most notably that between proponents of transference and dependence views of causation. The other major thread of empirical research on our concept of causation has investigated the (...) role that normative considerations play in causal judgments. These experimental results suggest that philosophical accounts of our concept of causation should take a broader view of what might be relevant. For both lines of research, we describe some of the significant experiments and outline key philosophical morals that have been drawn, all while pointing out various limitations. We conclude by considering other kinds of empirical research that should be philosophically interesting for those studying the nature of causation and our concept of causation. In particular, we point towards the need for philosophical research about causal perception, causal reasoning, and causal learning, as well as ways in which this research could play a role in prescriptive metaphysics. (shrink)

This article addresses two central topics in normative debates on transnational citizenship: the inclusion of resident non-citizens and of non-resident citizens within the demos. Through a critical review of the social membership (Carens, Rubio-Marin) and stakeholder (Baubock) principles, it identifies two problems within these debates. The first is the antinomy of incorporation, namely, the point that there are compelling arguments both for the mandatory naturalization of permanent residents and for making naturalization a voluntary process. The second is the arbitrary demos (...) problem and concerns who determines whether expatriate voting rights are granted (and on what terms). The argument developed provides a way of dissolving the first problem (and defending the proposed solution against possible objections) and resolving the second problem. In doing so it provides a defensible normative basis for the political theory of transnational citizenship. (shrink)

This essay develops, within the terms of the recent New York Declaration, an account of the shared responsibility of states to refugees and of how the character of that responsibility effects the ways in which it can be fairly shared. However, it also moves beyond the question of the general obligations that states owe to refugees to consider ways in which refugee choices and refugee voice can be given appropriate standing with the global governance of refuge. It offers an argument (...) for the normative significance of refugee’s reasons for choosing states of asylum and linked this to consideration of a refugee matching system and to refugee quota trading conceived as responsibility-trading, before turning to the issue of the inclusion of refugee voice in relation to the justification of the norms of refugee governance and in relation to the institutions and practices of refugee governance through which those norms are given practical expression. (shrink)

Abizadeh has argued that because border controls coerce would-be immigrants and invade their autonomy, they are entitled to participate in the democratic institutions that impose those controls. In reply, the author distinguishes between coercion and prevention, shows that prevention need not undermine autonomy, and concludes that although border controls may restrict freedom, they do not give rise to democratic entitlements.

The view that agents are not obliged to do more than their initial fair shares when their fellow duty bearers fail to comply has prominent defenders, including Liam Murphy and David Miller. While Murphy thinks that asking agents to take up other agents’ slack would be unfair, Miller claims that slack-taking cannot be required because primary responsibility does not migrate from noncompliers to compliers. This paper argues, by contrast, that there are a number of circumstances in which there is a (...) duty to take up the slack even though it is unfair and even though responsibility stays where it is. The central claim is that what agents owe to third parties is a separate issue from how they relate to fellow duty bearers. This proposal also runs counter to familiar defenses of slack-taking that weigh its unfairness against the moral importance of the interests at stake for third parties. (shrink)

The two leading traditions of theorizing about democratic legitimacy are liberalism and deliberative democracy. Liberals typically claim that legitimacy consists in the consent of the governed, while deliberative democrats typically claim that legitimacy consists in the soundness of political procedures. Despite this difference, both traditions see the need for legitimacy as arising from the coercive enforcement of law and regard legitimacy as necessary for law to have normative authority. While I endorse the broad aims of these two traditions, I believe (...) they both misunderstand the nature of legitimacy. In this essay I argue that the legitimacy of a law is neither necessary nor sufficient for its normative authority, and I argue further that the need for legitimacy in law arises regardless of whether the law is coercively enforced. I thus articulate a new understanding of the legitimacy and authority of law. (shrink)

This paper lays the foundations for a democratic defence of the argument that at least some non-citizens are entitled to claim rights of political participation with regard to states in which they are not resident. First I outline a distinctively democratic case for granting participatory rights to certain non-resident non-citizens, based upon the central claim that in a democracy those who are governed ought to have the opportunity to participate in the exercise of government. I offer support for extending rights (...) of participation to some non-resident non-citizens by addressing two possible democratic objections, relating to political equality and reciprocity. (shrink)

© © Cambridge University Press 2015. Long-term immigrants often have the option but not the obligation to acquire citizenship in their state of residence. Contrary to the received wisdom, this article defends the idea of mandatory citizenship for immigrants. It suggests that the current asymmetry in the distribution of political obligations between native-born citizens and immigrants is unfair. It also argues that mandatory citizenship is required by the principle that those who persistently affect others should share a democratic setting. Finally, (...) it claims that mandatory citizenship is more compatible with the ideal of democratic equality and more conducive to a stable society. (shrink)