Over the last few years, an increasingly sophisticated literature devoted to normative questions arising out of the enforcement of immigration law had developed. In this essay, I consider what sorts of constraints considerations of justice and legitimacy may place on the enforcement of immigration law, even if we assume that states have significant discretion in setting their own immigration policies, and that open borders are not required by justice. I consider constraints placed on state or national governments, (...) constraints on enforcement by substate governments, and constraints on the actions of individuals. I show that there are significant limits on what states may do and what they may require substate governments and individuals to do, in enforcing their immigration laws, but that these constraints are not clearly incompatible with significant state discretion in setting immigration policy. Nonetheless, consideration of justice in enforcement is necessary for any complete normative account of immigration. (shrink)

Many political theorists argue that immigration restrictions are unjust and defend broadly open borders. In this paper, I examine the implications of this view for individual conduct. In particular, I argue that the citizens of states that enforce unjust immigration restrictions have duties to disobey certain immigration laws. States conscript their citizens to help enforce immigration law by imposing legal duties on these citizens to monitor, report, and refrain from interacting with unauthorized migrants. If an ideal (...) of open borders is true, these laws are unjust. Furthermore, if citizens comply with their legal duties, they contribute to violating the rights of migrants. We are obligated to refrain from contributing to rights-violations. So, citizens are obligated to disobey immigration laws. I defend the moral requirement to disobey immigration laws against the objection that disobedience to the law is excessively risky and the objection that citizens have political obligations to obey the law. (shrink)

States heavily restrict immigration, and many people violate these restrictions. For example, unauthorized immigrants cross borders without official permission, and other actors, such as people smugglers, assist them in doing so. How should we evaluate resistance to immigration law from a moral perspective? In this article, I survey recent work on the ethics of resisting immigration law. In particular, I examine three categories of resistance to immigration law as the following: unauthorized immigration, people smuggling, and (...) citizens' resistance to laws that prohibit them from assisting or interacting with unauthorized immigrants. (shrink)

The Article addresses itself to immigration law governing the admission and expulsion of aliens, exploring the gap between the "plenary power" doctrine––the notion that Congress and the executive branch have broad and often exclusive authority over immigration decisions––and the actual practice of many federal courts in the immigration field. Federal courts, the author argues, often apply two distinct sets of constitutional norms in immigration cases, one set drawn from immigration law proper and applied directly to (...) constitutional cases, and a second, "phantom norm" set, borrowed from mainstream public law and applied in the interpretation of immigration statutes. The result is an immigration law regime in which the plenary power doctrine has been undermined, but not reversed, through statutory interpretation. The Article explores the reasons for the application of "phantom norms" to immigration statutes and the problems created by that practice, ultimately recommending a direct reassessment of plenary power as a constitutional doctrine. In so doing, the Article serves not only as an examination of the interpretive dynamics peculiar to immigration law but also as an exemplary study of a general problem of legal process––the relationship between statutory interpretation and constitutional law. (shrink)

This short article lays the foundation for a theory of migratorial disobedience and explains how pro-border advocates fetishize immigration law.

Among the many problems facing u.s. immigration law is a crisis of discretion and judicial deference. Through two recently passed laws, the United States Congress and the President have seriously limited judicial review o f discretionary immigration decisions o f the Board ofImmigration Appeals. This Article focuses on this preclusion of judicial review of discretionary agency decisions. The Article begins with an examination ofdiscretion from a theoretical perspective, and goes on to examine areas o f immigration law (...) in which discretion was traditionally most imponant. That examination is followed by a discussion of immigration-law scholarship and critique. The Article concludes that what is needed in U.S. immigration law is greater restraint, and calls on the Judiciary to provide more oversight regarding discretionary agency decisions. (shrink)

Immigrant legalization policies pose an ethical dilemma between justice and the rule of law. On the one hand, liberal democracies aspire to the principles of individual liberty and equality. Building on liberal ideals of justice, compelling arguments have been made for granting legal status and a path to citizenship to unauthorized migrants by virtue of the social ties they have developed, their contributions to the host society, and their vulnerability to exploitation. On the other hand, legalization poses a challenge to (...) another important value, the rule of law, which requires government to operate within a framework of law in accordance with well-established public norms. Immigrant legalization programmes are said to undermine the rule of law because they reward lawbreaking, allow queue-jumping, and incentivize further unauthorized migration. This article clarifies each horn of the dilemma, focusing on rule of law arguments. We offer a critical reappraisal of immigrant legalization policies by reflecting on the normative meaning of the rule of law and by examining empirical evidence assessing the effects of legalization. Our central contention is that legalization policies can enhance the rule of law. We offer five rule of law arguments in support of legalization, which help to mitigate the dilemma between justice and the rule of law. We conclude by discussing some policy implications of our analysis. (shrink)

In this short paper I hope to use some ideas drawn from the theory and practice of civil disobedience to address one of the most difficult questions in immigration theory, one rarely addressed by philosophers or other theorists working on the topic: How should we respond to people who violate immigration law? I will start with what I take to be the easiest case for my approach—that of so-called “Dreamers”—unauthorized immigrants in the US who were brought to this (...) country while still children (often as infants) and who have spent the majority of their lives in the US. Members of this group have engaged in wide-scale protests, making the civil disobedience paradigm all the more plausible. I will then move on to the case of unauthorized immigrants who have engaged in protests, but who do not fall into the “Dreamer” category. Finally, I will consider whether thinking about immigration law violations from the perspective of civil disobedience—and the proper response to that—can help us think about immigration enforcement more generally. (shrink)

Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...) We then argue that getting immigrants to undertake such obligations is morally wrong. This is because it makes immigrants’ political obligations more burdensome than those of natural-born citizens. We conclude that the practice of getting immigrants to undertake such obligations should be abolished. (shrink)

Within the immigration debate, libertarians have typically come down in favor of open borders by defending two main ideas: i) individuals have a right to free movement; and ii) immigration restrictions are economically inefficient, so that lifting them can make everyone better off. This entry describes the rationale for open borders from a libertarian perspective (in part by analogy to the debate around minimum wage laws). Three main objections within the immigration literature are then discussed: i) the (...) view that states may restrict immigration to protect the interests (e.g. jobs) of their domestic needy; ii) the claim that restrictions are justified as a means of preserving culture; and iii) the influential argument that the right to freedom of association entails a right to exclude. These arguments are well-known, and I describe some of the compelling responses to be found in the recent literature. The essay then turns to more neglected critiques. The first concerns how liberal regimes should think about immigration from countries where the dominant norms are illiberal. The second examines the idea that political and economic institutions are sensitive to immigration policy, especially in the long run. Both of these critiques approach the topic from a non-ideal theory perspective, emphasizing the “public choice” dimensions of immigration policy. The entry closes by suggesting that this form of critique is especially important for open-borders libertarians to respond to given their general commitments to non-ideal, non-romantic theorizing in the context of government institutions and policy. (shrink)

This interdisciplinary paper identifies principles of an affluent country (im)migration policy that avoids: (1) the positivist inclusion/exclusion mechanism of liberalism and communitarianism; and (2) the idealism of most cosmopolitan (im)migration theories. First, I: (a) critique the failure of liberalism and communitarianism to consider (im)migration under distributive justice; and (b) present cosmopolitan (im)migration approaches as a promising alternative. This paper’s central claim is that cosmopolitan (im)migration theory can determine normative shortcomings in (im)migration policy by coupling elements of Frankfurt School methodology to (...) case studies of (im)migration regimes. Lastly, I apply this analytical procedure to recent special changes in Spanish and UK immigration law. (shrink)

In 2008 Robert Lovato coined the phrase Juan Crow. Juan Crow is a type of policy or enforcement of immigration laws that discriminate against Latino/as in the United States. This essay looks at the implications this phenomenon has for an ethics of immigration. It argues that Juan Crow, like its predecessor Jim Crow, is not merely a condemnation of federalism, but of any immigration reform that has stricter enforcement as one of its key components. Instead of advocating (...) for increased enforcement, I want to suggest that just immigration reform must adhere to two standards, equality of burdens and universal protections, and that only by doing so can the potential for Juan Crow be adequately avoided. (shrink)

The poem gives a voice to many refugees who died crossing borders and many more asylum seekers who will lose their lives crossing international borders.

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, (...) I look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

This essay explores the intersection of racism, racial embodiment theory and the recent hostility aimed at immigrants and foreigners in the United States, especially the targeting of people of Latin American descent and Latino/as. Anti-immigrant and anti-foreigner sentiment is racist. It is the embodiment of racial privilege for those who wield it and the materiality of racial difference for those it is used against. This manifestation of racial privilege and difference rests upon a redrawing of the color line that is (...) meant towards preserving exclusive categories of political membership. The charge of racism, however, is elided by the fact that this hostility takes the form of a specious embracement of law and lawfulness. “Illegal” in this sense not only captures the actions of those who enter the United States through clandestine or informal means, but, in light of the history of immigration and citizen- ship law, the term operates as a racial trope that designates non-white status, thus marginalizing and alienating certain immigrants from ongoing nation-formation processes. I explain the source for anti-immigrant hostility in the United States, which I take to be connected to the longevity of white normativity as the basis for American identity. I then critically assess how the idea of national belonging is crucial to the perpetuation of white-ways-of-being, especially when citizenship has historically been a venue for the embodiment of racial and even colonial privilege. I conclude by posing several questions about the nature of racial identities and racism that suggest new avenues for further research on racial embodiment in a “postracial” era. pp. 65–90. (shrink)

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes (...) the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice. (shrink)

In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of law and regularization (...) policies are not inconsistent, and in fact regularization supports rule of law, when properly understood. Our view is that there needs to be a deeper investigation into the motivations of “rule of law” objections considered in Song and Bloemraad’s account. We argue that the real purpose of these objections is not necessarily to serve as an alternative to the justice-based claims of undocumented immigrants, but as a way to undermine them. On our account, these rule of law objections accomplish this undermining task through the mechanisms of dog whistling, discrediting and distorting, and ostracizing. (shrink)

In this Article I argue that the citizenship status of Israel’s Palestinian citizens has been eroding since the "events" of October 2000 and that, as a result, Israel, within its rpe-1967 borders, may be moving from a form of democracy that has been termed "ethnic democracy" towards a form of non-democratic state that has been termed "ethnocracy." My argument is based primarily on two legal documents: the new Citizenship and Entry into Israel Law, 2003, which denies Palestinian citizens the right (...) to unite with their closest family members who are residents of the Occupied Territories, and the decision of the High Court of Justice that upheld the constitutionality of this law in 2006. Two other developments that seem to support my thesis are analyzed as well: the "events" of October 2000 themselves and the report of the state commission of inquiry that investigated these events, and the plan, advanced by Yvette Lieberman and his political party, "Yisrael Beytenu," to shift the border between Israel and the West Bank westward, depriving tens of thousands of citizen-Palestinians of their Israeli citizenship. (shrink)

In this paper I will discuss two aspects of ignorance of the law: ignorance of illegality (including mistaking the law) and ignorance of the penalty; and I will look at the implications for natives, for tourists and for immigrants. I will argue that Carlos Nino's consensual theory of punishment needs to rely on two premises in order to justify that (claiming) ignorance of the law is no excuse. The first premise explains why individuals are presumed to 'know' current laws. The (...) second premise explains why individuals are presumed to 'know' new legislation. (shrink)

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the marriage-citizenship parallel (...) with a particular focus on three questions prompted by recent developments in law and policy: -/- 1) Should we provide second-best statuses? Some couples — in particular gay and lesbian couples — have been offered permanent statuses, like civil unions, that bear legal privileges but fall short of full marriage equality. In contrast, similar differentiations within citizenship are generally resisted. The history of citizenship may presage the increasing unacceptability of differentiations within status in the gay marriage context. Meanwhile, the history of marriage equality efforts may help present-day citizenship advocates choose legal strategies. -/- 2) Should statuses be a gateway to rights? Some early gay rights advocates unsuccessfully argued that advocates should challenge the primacy of marriage, rather than seek access to the institution. Advocates attempting to expand the rights of current noncitizens face similar choices: should they seek to give current noncitizens greater access to citizenship, or challenge the reservation of important rights to citizens? -/- 3) Can status relationships be plural? Many critics of dual and multiple citizenship argued that allegiance to multiple states was immoral, unadministrable, or both. More recently, polygamous marriage has become a topic of legal and political discourse, first as a foil in anti-gay marriage arguments and later as a political possibility in its own right. I consider whether polygamous marriage advocates can profitably draw on arguments for multiple citizenship, and how multiple-citizenship advocates should responsibly respond to the analogy with polygamy. (shrink)

Modern Monetary Theory and the Universal Law of Balance in Nature -/- Introduction -/- Modern Monetary Theory (MMT) challenges traditional economic thinking by proposing that sovereign governments with their own currency are not financially constrained like households. Instead, they can issue money to finance public spending as long as they manage inflation and resource allocation effectively. When viewed through the lens of my universal formula, which is based on the universal law of balance in nature, MMT emerges as a valid (...) approach to economic management. However, to fully align with natural balance, it must incorporate productivity (GDP), GDP per capita, the Gini coefficient, and population regulation to ensure a stable and just society. -/- The law of Karma in Economic Systems -/- The law of karma, or cause and effect, applies to all systems, whether natural or human-made. For any system to function properly, it must be free of defects or errors. In the economic context, this means that government policies must ensure that money creation and resource distribution do not lead to instability or inequality. -/- MMT recognizes that government spending can boost Gross Domestic Product (GDP) by increasing demand for goods and services. However, if money creation exceeds productive capacity, inflation occurs, disrupting economic balance. Conversely, if spending is too low, unemployment and stagnation result. This delicate balance follows the same principle as a well-functioning system—any defect, such as misallocation of resources or failure to regulate money flow, leads to dysfunction. -/- Using MMT to Increase GDP Without Causing Inflation -/- One of the main criticisms of MMT is the risk of inflation. However, a government can increase GDP annually without triggering inflation if it directs money creation toward productive sectors that expand the economy’s capacity. This aligns with the universal law of balance—spending must be proportional to the system’s ability to absorb it. -/- To achieve this, the government must focus on: -/- 1. Investing in Infrastructure and Public Goods -/- Building roads, bridges, and energy grids increases economic efficiency and reduces business costs. -/- Improved public transportation lowers logistics costs and improves workforce mobility. -/- Infrastructure spending has a high multiplier effect, meaning that every dollar spent generates more economic activity. -/- 2. Funding Research, Development, and Innovation -/- Investing in new technologies and industries increases long-term productivity, ensuring that new money corresponds to real economic growth. -/- Government-funded innovation, such as AI, renewable energy, and biotechnology, leads to new industries and job creation, expanding GDP without inflationary pressure. -/- 3. Expanding Education and Workforce Training -/- Government-funded education and vocational training programs enhance labor productivity, ensuring that the workforce can meet the demands of evolving industries. -/- A highly skilled workforce increases GDP by producing higher-value goods and services, preventing inflation by raising overall economic efficiency. -/- 4. Supporting Strategic Industrial Growth -/- Providing targeted investment and subsidies to high-potential industries ensures that economic expansion is driven by productive capacity rather than speculation. -/- Countries like South Korea and China have used government spending to develop manufacturing and technology sectors, increasing GDP without inflation. -/- 5. Encouraging Sustainable Energy and Agriculture -/- Investment in renewable energy reduces long-term reliance on fossil fuels, lowering production costs and ensuring energy security. -/- Supporting modern agricultural practices increases food supply, preventing price spikes that contribute to inflation. -/- By focusing government spending on productivity-enhancing sectors, MMT can be applied to grow GDP while avoiding excess money supply beyond the economy’s capacity, ensuring economic balance. -/- Balancing GDP and GDP per Capita -/- While GDP measures the total value of goods and services produced in an economy, it does not reflect the distribution of wealth and individual well-being. A country can have a high GDP but still experience widespread poverty if wealth is concentrated among a few. -/- To maintain balance, economic policies must focus on GDP per capita, which measures average economic output per person. If GDP grows but the population increases at an unsustainable rate, per capita wealth declines, leading to economic stress. This aligns with my universal formula, which emphasizes that decision-making must adhere to natural balance. A nation must regulate population growth to ensure that resources, jobs, and social services are adequate for all citizens. -/- Feedback Mechanisms in Economic Policy -/- The economy, like all natural systems, operates through feedback mechanisms. MMT recognizes that government spending fuels growth, but excessive money creation without corresponding productivity leads to inflation. This is where taxation and investment in productivity serve as balancing tools. -/- If inflation rises, taxes can be increased to reduce excess money in circulation. -/- If unemployment is high, the government can spend more on job programs and infrastructure to boost productivity. -/- If wealth concentration worsens, progressive taxation can redistribute income, preventing social instability. -/- The Gini Coefficient and Economic Justice -/- The Gini coefficient measures income inequality within a society. A higher value indicates greater inequality, which can lead to social unrest and economic imbalance. If wealth is concentrated among a small elite while the majority struggle, the economy becomes unstable, much like a defective system that cannot function efficiently. -/- MMT provides tools to reduce inequality by funding public services, education, and healthcare without relying on traditional tax revenues. However, this spending must be directed toward increasing productivity and ensuring fair wealth distribution to avoid imbalances. A well-functioning system should aim for a moderate Gini coefficient, where economic opportunities are accessible to all. -/- Population Regulation to Maintain Balance -/- A key factor in economic stability is population regulation. If a country’s population grows too rapidly, GDP per capita declines, straining resources, infrastructure, and public services. Conversely, a shrinking population can lead to labor shortages and economic contraction. -/- To maintain balance, governments must implement policies that ensure population growth aligns with economic capacity. These include: -/- Education and family planning programs to encourage sustainable growth. -/- Investment in automation and AI to offset potential labor shortages in aging populations. -/- Sustainable immigration policies to balance workforce needs. -/- Conclusion -/- Modern Monetary Theory, when properly applied, aligns with the universal law of balance in nature by ensuring that economic systems function without defects. However, for MMT to work effectively, it must integrate GDP growth, GDP per capita, income distribution (Gini coefficient), and population regulation to maintain stability. -/- By directing money creation toward productive investments, such as infrastructure, education, innovation, and sustainable industries, governments can increase GDP annually without triggering inflation. This approach ensures that money supply matches real economic output, preventing the imbalance that leads to economic crises. -/- Incorporating these principles into policy-making ensures that economic decisions are guided by natural laws, leading to a more stable, just, and prosperous society. -/- . (shrink)

This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government (...) for immigration enforcement purposes, they often undermine these original aims or get used in ways that conflict with the U.S. Constitution. These concerns should prompt us therefore either to reject the government’s plenary power over immigration or require the federal government to be more consistent about maintaining the separation between criminal law and immigration law. (shrink)

Residence of unauthorized immigrants is a stable feature of the Global North’s liberal democracies. This article asks how liberal-democratic policymakers should respond to this phenomenon, assuming both that states have incontrovertible rights and interests to assert control over immigration and that unauthorized residence is nevertheless an entrenched fact. It argues that a set of liberal-democratic commitments gives policymakers strong reason to implement both so-called ‘firewall’ and ‘regularization’ policies, thereby protecting unauthorized immigrants’ basic needs and interests and officially incorporating many (...) of them in society. It then explains that the background imperative of immigration control creates a dilemmatic tension between these policies, as regularization is envisaged alongside the removal of the ineligible, which is in turn hindered by the implementation of firewalls. This creates a dilemma between the pursuit of two policy goals that are both underwritten by the same value commitments. Though it cannot be entirely dissolved, I argue that the best way to mitigate this dilemma is to design regularization policy in a way that leaves only a small number of unauthorized immigrants subject to removal. (shrink)

The movement of people from one country to another in search of greener pasture, peaceful settlement and so on, has become very rampant in the world today. These same reasons have triggered internal migrations as well. Lives have been lost in the bid to circumvent immigration laws of countries by immigrants. The current spate of wars, political crises, natural disasters and hunger has led to increase in illegal migration in the world. Nigeria is not left out. We hear of (...) boundary clashes and insurgencies, which have resulted in illegal emigration to other countries basically in search of job opportunities and better living conditions. Nigerians have severally been repatriated from foreign lands. Recently, over five thousand Nigerians were repatriated from Libya. Nigeria has also played host to migrants from neighbouring countries, and has experienced internal migration in several parts of the country. The frequently asked questions are: “what role can religion play in curbing the spate of illegal migration and refugee crises in Cross River State, Nigeria? The research discovered that religion can be a veritable partner to government in resolving this ever-increasing menace that has become an embarrassment to the state and nation. This work adopted qualitative or explorative research method. It employed the content analysis approach in examining available printed materials on the subject matter. In view of its peculiarity, oral interviews were conducted on specific groups and individuals. This work proposes the involvement of religious organisations in preaching and teaching on the dangers of illegal migration, the provision of vocational training for our teaming youth population to reduce emigration, and the provision of counselling and resettlement programmes for the repatriated and those in refugee camps across the country. The work also encourages the government to evolve modalities to curb the spate of violence and bloodshed that has fuelled refugee crises in Cross River State and Nigeria in general. (shrink)

Over one hundred years ago, the Supreme Court emphatically declared that deportation proceedings are civil, not criminal, in nature. As a result, none of the nearly 400,000 individuals who were deported last year enjoyed any of the constitutional protections afforded to criminal defendants under the Sixth or Eighth Amendments. Among those 400,000 were numerous detained juveniles and mentally ill individuals who, as a result of the civil designation, had no right to appointed counsel. These individuals were thus forced to navigate (...) the labyrinth of immigration law alone. Others were lawful permanent residents who had pled guilty to minor offenses upon the correct advice of counsel that they could not be deported. These individuals later became subject to deportation when Congress retroactively changed the law, unbound by the criminal prohibition against ex post facto laws. The dichotomy between the gravity of the liberty interest at stake in these proceedings––a lifetime of exile from homes and families in the United States––and the relative dearth of procedural protections afforded respondents, has always been intuitively unjust to some. However, over the past twenty years, as immigration and criminal law have become intertwined as never before, the intuitive sense of many has matured into a scholarly movement exploring the criminalization of immigration law. This movement has taken aim at the incoherence of deportation’s civil designation. Until recently, however, there was little reason to think the Supreme Court would wade into the waters of the resurgent debate over the nature of deportation proceedings. In Padilla v. Kentucky, 130 S.Ct. 1473 (2010), however, the Court surprised almost everyone as it went to great length to chronicle the criminalization of immigration law and ultimately concluded that deportation is - uniquely difficult to classify. The immediate impact of the Padilla decision is the critical recognition that criminal defendants have a right to be advised by their attorneys if a plea they are contemplating will result in deportation. However, I argue, that in time Padilla may come to stand for something much more significant in immigration jurisprudence. When we read Padilla in the context of the Supreme Court’s evolving immigration jurisprudence, there is good reason to believe that Padilla is a critical pivot point for the Court. Padilla marks the beginning of a significant reconceptualization of the nature of deportation toward the realization that it is neither truly civil nor criminal. Rather, deportation is different. It is a unique legal animal that lives in the crease between the civil and criminal labels. This article explores the evolving arch of Supreme Court jurisprudence regarding the quasi-criminal nature of deportation proceedings and articulates a principled mechanism by which the scope of respondents’ rights can be defined under this new framework. (shrink)

ABSTRACTPeople smugglers help transport migrants across international borders without authorization and in return for compensation. Many people object to people smuggling and believe that the smuggling of migrants is an evil trade. In this paper, I offer a qualified defense of people smuggling. In particular, I argue that people smuggling that assists refugees in escaping threats to their rights can be morally justified. I then rebut the objections that people smugglers exploit migrants, have defective motivations, and wrongly violate the law. (...) My conclusion is that people smuggling is sometimes a permissible way of helping refugees to evade unjust immigration restrictions and compelling states to bear their fair share of the global refugee population. (shrink)

Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could (...) potentially undermine its legitimacy and thereby lead to something like a Hobbesian “state of nature.” One of the potential downsides of allowing the federal government to have such broad powers, however, is the potential to place non-citizens in a situation analogous to what Giorgio Agamben has called the “state of exception.” This situation appears to leave us with the following dichotomy: without something like the plenary power doctrine a political community will end up with a state of nature, but with something like the plenary power doctrine they end up with a state of exception. This essay offers a two-part response to this dilemma. First, it argues that the plenary power doctrine goes against the spirit of the U.S. Constitution, specifically the Fourteenth Amendment. Non-citizens, even undocumented immigrants, are entitled to more Constitutional protections than they currently enjoy. Second, since extending these protections is more consistent with the spirit of the Constitution, I argue that curtailing the federal government’s power over matters of immigration does not undermine its sovereignty, but promotes it. In short, with regard to immigration, it is a false but seductive dichotomy that constitutional democracies must choose between a state of nature and a state of exception. (shrink)

Owing to its grappling with a motley of intricate socioeconomic, as well as medico-legal, crises, Haiti has found itself bereft of some of its people, many of whom have had to leave the Caribbean country in search of improved lives elsewhere. Receiving some of the Haitian refugees fleeing abject poverty, unemployment, and other harms and barriers has been the United States, one of Haiti's northern neighbors and a country that has played an outcome-determinative, if not outsized, role in steering the (...) country toward its presently hobbled state. Drawing on the U.S.’s recent treatment of Haitian refugees, this paper argues that U.S. reception of Haitian immigrants rubs salt in the wound of a long history of dehumanizing and oppressive abuses endured by Haitians. Furthermore, and more importantly, this paper posits that U.S. failure to wholly embrace its legal obligation to accept Haitian refugees under international law needs to be understood in the light of the specific horrors inflicted by science, in pre-independence Haiti, on non-consenting, Afro-Haitian experimental subjects. And by extension, such a contextually-nuanced understanding is crucial in shaping the delivery of healthcare services to Haitian refugees fortunate enough to remain in the U.S. —as an awareness and appreciation of the socio-historical context of patients' lived experiences, i.e., their complete social history, can furnish important clues vis-à-vis the presence and etiologies of disease, influence the foci of physical exams, and generally pave the way for the provision of cost-efficient and evidence-based care. (shrink)

Scholars of international law have been increasingly troubled by states’ vast powers and practices of migrant exclusion. There is no doubt that much of this uneasiness is catalyzed by a keen sense of the demands of a basic liberalism at the international legal order's core. Indeed, the increased construction of border walls,1 the continuously widespread use of deportation as a migration control tool,2 and new digital bordering technologies3 have all come under scrutiny precisely because of the challenges they pose to (...) the notion of supposedly universal entitlements, both substantive and procedural, that often appear disabled or overridden when it comes to the treatment of different sorts of migrants. My goal in this contribution is not to add to such legal critiques, but rather to provide the contours of a broader normative argument to rebuke—or at least complicate—what is often called the state's “right to exclude” all or most would-be immigrants. This right is not just standardly assumed in legal and political practice—indeed, standardly viewed as the linchpin of sovereignty—but has also enjoyed sophisticated defense by liberal political theorists.4 The main goal of my argument is to suggest that anyone with basic liberal inclinations—including political theorists, lawyers, and practitioners of politics—should be able to agree that, under current circumstances, granting states a potent “right to exclude” entails deep tensions with basic moral standards of legitimate authority. This is because the deeply entrenched characteristics and historical background conditions of immigration control today tend structurally to push states to violate the appropriate moral conditions of their legitimate authority to enforce immigration restrictions.5 While moving above and beyond legal argumentation, my hope is that the argument may underscore and give further analytical expression to some of the animating concerns of contemporary legal contestations of states’ exclusive powers and practices. (shrink)

In this article we examine the role of Entscheider (decision-makers) in the German asylum procedure, both legally and ethical. As the responsibility for deciding on asylum applications lies exclusively with them, their significance for the German asylum procedure can hardly be underestimated. However, over the last few decades the situation of Entscheider changed significantly: While the number and complexity of the cases they have to decide on has increased due to the growing immigration, the requirements for their education have (...) been lowered, owed to critical amendments to the relevant law. We analyze how the law currently defines the role of Entscheider, whether the legal framework is constitutional, and what modifications morality requires. Although the law defining their role seems to be constitutional, Entscheider’s education must be improved and they must be entrusted with the hearing of the applicants to meet what morality requires, we conclude. DOI: 10.17879/95189429199. (shrink)

In this article I use the tropes of El Cucuy (the Mexican version of the boogyman), La Llorona (the wailer), and La Migra (the border patrol) to provide the beginnings of an ethical critique of the treatment of undocumented immigrants in the United States.

How to respond to unauthorized migration and migrants is one of the most difficult questions in relation to migration theory and policy. In this commentary on Gillian Brock’s discussion of “irregular” migration, I do not attempt to give a fully satisfactory account of how to respond to unauthorized migration, but rather, using Brock’s discussion, try to highlight what I see as the most important difficulties in crafting an acceptable account, and raise some problems with the approach that Brock takes. In (...) thinking about unauthorized migration, both while trying to craft positive policies and while critiquing existing practices, we need to ask if we are most interested in a general account of how to respond to unauthorized migration, one that would apply to the large majority of cases and provide us a default approach, or if we are better served by taking a piecemeal approach, looking at why certain people or certain groups should be exempt from removal, even if they would otherwise be liable to it. In this paper, I will focus primarily on this distinction, and argue that it is at least important to provide an account of the "generic unauthorized". (shrink)

In this article, I argue that mass incarceration belongs to a category of social status interventions by which the modern state either withholds the ordinary protections and benefits of the law from outlawed groups or subjects them to private punishment based on their mere membership in those groups. In the US these groups include immigrants and resident Latinos, the homeless, the poor and poor blacks, sex workers, and ex-convicts. Outlawry is a fundamentally anti-democratic practice that cannot be justified in terms (...) of deterrence and is incompatible with public safety. (shrink)

In a recent study appearing in Neuroethics, I reported observing 11 significant correlations between the “Dark Triad” personality traits – Machiavellianism, Narcissism, and Psychopathy – and “conservative” judgments on a 17-item Moral Intuition Survey. Surprisingly, I observed no significant correlations between the Dark Triad and “liberal” judgments. In order to determine whether these results were an artifact of the particular issues I selected, I ran a follow-up study testing the Dark Triad against conservative and liberal judgments on 15 additional moral (...) issues. The new issues examined include illegal immigration, abortion, the teaching of “intelligent design” in public schools, the use of waterboarding and other “enhanced interrogation techniques” in the war on terrorism, laws defining marriage as the union of one man and one woman, and environmentalism. 1154 participants (680 male, 472 female; median age 29), recruited online through Amazon Mechanical Turk, completed three surveys: a 15-item Moral Intuition Survey (MIS), the 28-item Short Dark Triad personality inventory, and a five-item demographic survey. The results strongly reinforce my earlier findings. Twenty-two significant correlations were observed between “conservative” judgments and the Dark Triad (all of which were significant past a Bonferonni-corrected significance threshold of p = .0008), compared to seven significant correlations between Dark Triad and “liberal” judgments (only one of which was significant past p = .0008). This article concludes by developing a novel research proposal for determining whether the results of my two studies are “bad news” for conservatives or liberals. (shrink)

Disputes over territory are among the most contentious in human affairs. Throughout the world, societies view control over land and resources as necessary to ensure their survival and to further their particular life-style, and the very passion with which claims over a region are asserted and defended suggests that difficult normative issues lurk nearby. Questions about rights to territory vary. It is one thing to ask who owns a particular parcel of land, another who has the right to reside within (...) its boundaries and yet another to determine which individuals or groups have political rights of citizenship, sovereignty, and self-determination within it. It must also be asked how these rights—if ‘rights’ is the correct term—are acquired. When attention turns to the territorial rights of communities, national groups or states, sovereignty is the principal concern. Within international law, de facto power over a territory, say, of occupying forces or trustees, is insufficient to possess or acquire sovereignty (Brownlie, 1990, p. 111). The central conceptions underlying modern democratic thought are that sovereignty over a politically demarcated territory is vested in the resident population, and that governmental authority is derived from the consent of that population. It is simple enough to identify the latter with the citizenry of a state, but demographic and political flux makes this a loose criterion. States come and go, and sometimes a territory is stateless. Also, large-scale demographic shifts during upheavals and peacetime immigrations change the assessments of who belongs where. Does everyone residing in a place at a particular time have a right to share in its governance then? What about illegal immigrants? Presumably, sovereignty rests with the established population or.. (shrink)

The Canadian Department of Citizenship and Immigration has recently proposed to make in-person citizenship ceremonies optional. These ceremonies are oaths of allegiances: naturalizing citizens swear loyalty to King Charles and obedience to the laws of Canada. The Department of Citizenship and Immigration proposes to allow naturalizing citizens to take these oaths by checking a box online rather than by taking part in an in-person ceremony. In this commentary, I argue that Canada should go much further. It should stop (...) forcing naturalizing immigrants to swear oaths of allegiance altogether. Such oaths create an unjust inequality between naturalized and natural-born citizens: they mean the former have much weightier political obligations than the latter. (shrink)

In the concept of European citizenship, public and international law intersect. The unity of the European polity results from the interplay between national and European loyalties. Citizens’ allegiance to the European polity depends on how much they see the polity’s identity as theirs. Foundational ideals that shaped the European project’s identity included social reconciliation and peaceful coexistence, economic reconstruction and widespread prosperity, and the creation of supranational structures to rein in nationalism. A broad cultural consensus underlay the first impulse for (...) integration. Europeans had little trouble giving explicit or tacit allegiance to such a project, which resulted in an unparalleled success. However, roughly 60 years and 20 Member States later, social integration is being challenged as immigrants with diverse cultural backgrounds arrive, while far-right political parties surge in reaction; economic integration is confronted with a faltering euro and countries struggling to meet financial commitments; and political integration weakens as the EU seems to fail the democratic test. Cultural assumptions are no longer shared by all. Allegiance to today’s EU is problematic for the ordinary European citizen. This paper submits that careful attention to the spirit of the foundational ideals sheds light on how the present problems as well as future integration could and should be approached. (shrink)

Collected and edited by Noah Levin -/- Table of Contents: -/- UNIT ONE: INTRODUCTION TO CONTEMPORARY ETHICS: TECHNOLOGY, AFFIRMATIVE ACTION, AND IMMIGRATION 1 The “Trolley Problem” and Self-Driving Cars: Your Car’s Moral Settings (Noah Levin) 2 What is Ethics and What Makes Something a Problem for Morality? (David Svolba) 3 Letter from the Birmingham City Jail (Martin Luther King, Jr) 4 A Defense of Affirmative Action (Noah Levin) 5 The Moral Issues of Immigration (B.M. Wooldridge) 6 The Ethics (...) of our Digital Selves (Noah Levin) -/- UNIT TWO: TORTURE, DEATH, AND THE “GREATER GOOD” 7 The Ethics of Torture (Martine Berenpas) 8 What Moral Obligations do we have (or not have) to Impoverished Peoples? (B.M. Wooldridge) 9 Euthanasia, or Mercy Killing (Nathan Nobis) 10 An Argument Against Capital Punishment (Noah Levin) 11 Common Arguments about Abortion (Nathan Nobis & Kristina Grob) 12 Better (Philosophical) Arguments about Abortion (Nathan Nobis & Kristina Grob) -/- UNIT THREE: PERSONS, AUTONOMY, THE ENVIRONMENT, AND RIGHTS 13 Animal Rights (Eduardo Salazar) 14 John Rawls and the “Veil of Ignorance” (Ben Davies) 15 Environmental Ethics: Climate Change (Jonathan Spelman) 16 Rape, Date Rape, and the “Affirmative Consent” Law in California (Noah Levin) 17 The Ethics of Pornography: Deliberating on a Modern Harm (Eduardo Salazar) 18 The Social Contract (Thomas Hobbes) -/- UNIT FOUR: HAPPINESS 19 Is Pleasure all that Matters? Thoughts on the “Experience Machine” (Prabhpal Singh) 20 Utilitarianism (J.S. Mill) 21 Utilitarianism: Pros and Cons (B.M. Wooldridge) 22 Existentialism, Genetic Engineering, and the Meaning of Life: The Fifths (Noah Levin) 23 The Solitude of the Self (Elizabeth Cady Stanton) 24 Game Theory, the Nash Equilibrium, and the Prisoner’s Dilemma (Douglas E. Hill) -/- UNIT FIVE: RELIGION, LAW, AND ABSOLUTE MORALITY 25 The Myth of Gyges and The Crito (Plato) 26 God, Morality, and Religion (Kristin Seemuth Whaley) 27 The Categorical Imperative (Immanuel Kant) 28 The Virtues (Aristotle) 29 Beyond Good and Evil (Friedrich Nietzsche) 30 Other Moral Theories: Subjectivism, Relativism, Emotivism, Intuitionism, etc. (Jan F. Jacko). (shrink)

Why It’s Difficult to Increase Job Creation to Balance Exponential Population Growth -/- One of the biggest challenges in economic development is ensuring that job creation keeps pace with the rapid growth of the population. If a country fails to provide enough employment opportunities, it leads to rising unemployment, poverty, and social instability. The problem is even more complex because economic growth is not always proportional to population growth. Several key factors—such as economic productivity, income inequality, technological advancements, education, and (...) labor migration—must be considered when addressing this issue. To create a sustainable balance, countries must focus on maintaining an ideal standard of living, fair income distribution, and a population growth rate that does not exceed economic expansion. -/- 1. The Importance of GDP per Capita in Job Creation -/- A country’s economic strength is often measured by its Gross Domestic Product (GDP) per capita, which reflects the average income per person. For a nation to provide enough well-paying jobs, it must have a high enough GDP per capita to support businesses, investments, and infrastructure development. Studies suggest that a GDP per capita of at least $15,000 to $25,000 is necessary for a stable middle-income economy where job opportunities are abundant. -/- However, many developing nations struggle to reach this level due to factors such as inefficient economic policies, corruption, or lack of industrial growth. If GDP per capita is too low, businesses may not generate enough revenue to expand, and workers may be forced into low-wage or informal jobs with little security. To ensure sufficient employment opportunities, governments must focus on improving productivity, supporting small and medium enterprises, and investing in industries that create large numbers of jobs. -/- 2. The Impact of Income Inequality on Job Availability -/- Even if a country has a high GDP, the way wealth is distributed among the population significantly affects job creation. A measure called the Gini coefficient helps determine how equally wealth is shared. If income is too concentrated in the hands of a few, economic growth will not translate into widespread job creation. -/- For a healthy economy, income inequality should be kept within a manageable range—typically a Gini coefficient of 0.25 to 0.35. If this number rises above 0.4, it indicates that a small portion of the population holds most of the wealth, while the majority struggle with low wages and unemployment. High inequality leads to reduced consumer spending, which negatively affects businesses and slows down job creation. To fix this, governments must implement policies that promote fair wages, progressive taxation, and better access to education and healthcare. -/- 3. The Balance Between Population Growth and Economic Growth -/- One of the most critical factors in job creation is the relationship between population growth and economic growth. If the population expands too quickly without a corresponding increase in job opportunities, unemployment will rise. A sustainable population growth rate should generally be below 1% per year, while economic growth should ideally be between 3% and 5% per year to generate enough jobs. -/- In many developing countries, high birth rates continue to add millions of people to the workforce every year, but the economy does not grow fast enough to accommodate them. This problem is worsened by factors such as automation, which replaces traditional jobs, and weak labor markets that fail to absorb new workers. To address this issue, governments must implement population policies, invest in education, and ensure that job market demands align with workforce skills. -/- 4. The Role of Labor Migration in Balancing Job Creation and Population Growth -/- One effective way to address job shortages and overpopulation is through labor migration. Many developed countries face declining birth rates and aging populations, which create labor shortages in critical industries such as healthcare, construction, and agriculture. At the same time, overpopulated developing nations struggle with high unemployment. A well-managed labor migration system can help balance both issues by matching surplus labor from developing countries with job shortages in developed economies. -/- How Labor Migration Helps Solve the Imbalance: -/- For overpopulated countries: Migration reduces unemployment, eases pressure on local job markets, and allows workers to send remittances back home, boosting their domestic economy. -/- For labor-shortage countries: Migrant workers fill essential jobs that local populations are unable or unwilling to do, preventing economic stagnation. -/- Challenges in Implementing Labor Migration: -/- Despite its benefits, labor migration is often restricted by strict immigration policies, cultural resistance, and concerns about local job competition. To maximize the benefits of migration, countries should: -/- Create bilateral agreements that ensure fair wages and worker protections. -/- Provide legal pathways for migrant workers to prevent exploitation and illegal migration. -/- Implement integration programs that help migrants contribute positively to their host economies. -/- By effectively managing labor migration, both sending and receiving countries can create a win-win situation that helps balance employment opportunities globally. -/- 5. The Role of Education and Skills Development -/- A well-educated workforce is essential for job creation. Many emerging industries—such as technology, renewable energy, and healthcare—require specialized skills that the general population may not have. Unfortunately, many education systems fail to prepare students for the jobs of the future, resulting in a mismatch between the skills available in the workforce and the jobs that need to be filled. -/- To solve this, countries must focus on improving education and vocational training programs. Investing in science, technology, engineering, and mathematics (STEM) education, as well as technical and trade schools, can help workers adapt to changing job market demands. Additionally, lifelong learning programs should be encouraged to help workers update their skills as industries evolve. -/- 6. How Technology and Globalization Affect Job Creation -/- Advancements in technology and globalization have created both opportunities and challenges for job creation. Automation, artificial intelligence, and robotics have increased productivity but have also eliminated many traditional jobs, particularly in manufacturing and retail. While technology generates new industries, these jobs often require advanced skills, leaving behind workers who are unable to adapt. -/- Similarly, globalization has allowed companies to move jobs to countries with cheaper labor costs, which can reduce employment opportunities in some regions. To counter this, countries must focus on attracting industries that balance automation with human labor, promoting entrepreneurship, and investing in sectors that cannot be easily outsourced, such as local services and infrastructure development. -/- 7. Policy Recommendations for Sustainable Job Creation -/- To ensure that job creation keeps up with population growth, governments and businesses must work together to implement sustainable economic policies. Some key recommendations include: -/- Economic Diversification: Countries should invest in multiple industries, including technology, agriculture, healthcare, and renewable energy, to create a variety of job opportunities. -/- Fair Income Distribution: Policies should be designed to reduce income inequality through progressive taxation, minimum wage laws, and social welfare programs. -/- Education and Workforce Training: Schools and universities should align their curricula with the needs of the job market, and vocational training should be expanded. -/- Population Management: Governments should promote responsible family planning and ensure that population growth does not outpace economic development. -/- Support for Small Businesses: Small and medium enterprises (SMEs) are a major source of employment and should receive incentives such as low-interest loans, tax breaks, and reduced bureaucratic barriers. -/- Managed Labor Migration: Countries should develop legal migration pathways that match labor demand and supply globally. -/- Conclusion -/- Balancing job creation with population growth is a complex challenge that requires a comprehensive and sustainable approach. Countries must ensure that GDP per capita remains high, income is distributed fairly, and population growth stays within manageable limits. By investing in education, economic diversification, labor migration, and social policies, governments can create a stable and prosperous society where job opportunities are available for all. If these factors are not properly managed, the gap between population growth and job availability will continue to widen, leading to economic and social instability. -/- . (shrink)

Why Capitalism Cannot Create More Successful Entrepreneurs to Balance Stable Job Creation Amid Increasing Population Growth -/- Introduction -/- Capitalism is often praised for fostering entrepreneurship, economic growth, and job creation. However, its inherent flaws—such as wealth concentration, monopolization, financial barriers, and wage suppression—prevent it from producing enough successful entrepreneurs to balance job creation with increasing population growth. As the global population expands, capitalism alone fails to generate sufficient employment opportunities, leading to economic instability, poverty, and inequality. -/- To address (...) these challenges, a balanced approach involving government intervention, socialist-inspired policies, population regulation, and a coordinated effort between private and public sector job creation is necessary. By ensuring economic stability, providing social safety nets, and aligning workforce growth with sustainable employment opportunities, societies can mitigate capitalism’s failures while maintaining its productive aspects. -/- 1. The Fundamental Flaws of Capitalism in Job Creation -/- While capitalism promotes competition and innovation, it also creates significant economic imbalances: -/- Wealth Concentration and Inequality: Over time, wealth accumulates among a few individuals and corporations, reducing opportunities for new entrepreneurs and limiting social mobility. -/- Monopolization: Large corporations dominate markets, pushing out small businesses and reducing job diversity. -/- Financial Barriers to Entrepreneurship: The cost of starting and sustaining a business is high, making it difficult for new entrepreneurs to compete. -/- Short-Term Profit Maximization: Companies prioritize short-term gains, often outsourcing jobs or automating processes to cut costs, rather than investing in long-term job creation. -/- Cyclical Economic Crises: Capitalist economies experience frequent recessions, leading to mass layoffs, business failures, and financial insecurity. -/- These issues make capitalism insufficient in creating enough businesses and stable jobs to match population growth. -/- 2. The Difficulty of Starting a Business and Its Impact on Job Creation -/- Despite the belief that anyone can succeed through hard work, starting a business remains a significant challenge due to: -/- High Initial Costs: Rent, inventory, equipment, and salaries require substantial capital. -/- Limited Access to Credit: Most banks and investors require collateral or proven profitability, which new entrepreneurs lack. -/- Complex Regulations: Navigating legal and tax systems is expensive and time-consuming. -/- Intense Market Competition: Large corporations benefit from economies of scale, making survival difficult for small businesses. -/- Due to these challenges, most aspiring entrepreneurs fail or remain in precarious financial positions, reducing their ability to contribute to long-term job creation. -/- 3. The Effect of Low Wages on Consumer Buying Power and Job Stability -/- One of capitalism’s biggest contradictions is its reliance on low wages to maximize corporate profits while simultaneously needing strong consumer demand to sustain business growth. -/- Reduced Consumer Demand: When workers earn low wages, they have less money to spend, weakening economic growth. -/- Increased Debt and Financial Instability: Many workers rely on credit for basic needs, making them financially vulnerable. -/- Job Insecurity and Precarious Work: Companies cut costs by hiring temporary workers or outsourcing jobs, leading to job instability. -/- By failing to pay workers a living wage, capitalism limits its own potential for sustainable economic growth, reinforcing inequality and restricting business expansion. -/- 4. Balancing Job Creation Between the Private and Public Sectors -/- To counteract capitalism’s job creation failures, a balanced approach that combines private sector entrepreneurship and government-led job creation is essential. -/- A. Private Sector Job Creation -/- The private sector should remain a driving force of economic innovation and employment, but it must be regulated to prevent exploitative practices. Governments can support private-sector job creation by: -/- Providing Financial Assistance to Startups: Low-interest loans and grants can help small businesses grow. -/- Ensuring Fair Competition: Antitrust laws prevent monopolies from dominating industries. -/- Raising Minimum Wages: Ensuring fair wages strengthens consumer spending and business stability. -/- Encouraging Ethical Business Models: Worker cooperatives and profit-sharing models can create sustainable, fair workplaces. -/- B. Government-Led Job Creation -/- Governments must step in where the private sector fails to provide sufficient employment opportunities. Public-sector job creation should focus on: -/- Infrastructure Development: Roads, bridges, schools, and renewable energy projects generate long-term employment. -/- Public Services Expansion: More jobs in healthcare, education, and social services create stable employment. -/- Green Economy Investments: Sustainable industries like clean energy and environmental conservation create new career paths. -/- Universal Job Guarantee Programs: Governments can offer public jobs in times of economic downturns to prevent mass unemployment. -/- By combining private-sector dynamism with public-sector stability, societies can ensure that job creation keeps pace with population growth. -/- 5. The Role of Population Regulation in Economic Stability -/- One of the critical yet often overlooked aspects of economic sustainability is aligning population growth with job availability. Unregulated population expansion can lead to: -/- Unemployment and Underemployment: More people entering the job market than available jobs create economic strain. -/- Increased Poverty and Social Unrest: Large unemployed populations lead to instability and higher crime rates. -/- Strain on Public Services: Overpopulation overwhelms healthcare, education, and infrastructure systems. -/- A. Family Planning and Education -/- Governments must implement policies that encourage responsible population growth through: -/- Access to Contraception and Family Planning Services: Ensuring reproductive health choices empower families to plan their future. -/- Educational Campaigns on Sustainable Population Growth: Teaching the economic impact of overpopulation helps societies make informed decisions. -/- Encouraging Gender Equality and Women’s Employment: Empowering women in the workforce naturally leads to lower birth rates and a more balanced economy. -/- B. Workforce and Immigration Planning -/- Instead of uncontrolled population growth, governments should focus on workforce planning to ensure that job creation aligns with demographic trends: -/- Targeted Immigration Policies: Encouraging skilled immigration in sectors with labor shortages helps maintain economic stability. -/- Retraining and Reskilling Programs: Adapting the workforce to emerging industries prevents large-scale unemployment. -/- Regional Job Distribution: Encouraging businesses to develop outside of major cities can balance employment opportunities across regions. -/- By coordinating population regulation with job market needs, economies can achieve sustainable development and avoid crisis-driven employment gaps. -/- 6. The Importance of Government and Central Bank Policies -/- To stabilize capitalism’s weaknesses, government and central bank intervention using socialist principles is essential. These policies include: -/- Progressive Taxation: Redistributing wealth to fund public services and entrepreneurship programs. -/- Public Investment in Education and Vocational Training: Preparing the workforce for new economic demands. -/- Job-Creation Programs: Investing in sectors that provide stable, long-term employment. -/- Monetary Policies that Promote Sustainable Growth: Controlling inflation, interest rates, and wage growth to prevent economic instability. -/- A coordinated economic strategy ensures that capitalism’s benefits are widely distributed, rather than concentrated among a wealthy elite. -/- 7. Conclusion: A Mixed Economic Model for Sustainable Job Growth -/- Capitalism, by itself, fails to create enough successful entrepreneurs and jobs to match population growth due to its systemic flaws. Wealth concentration, monopolization, financial barriers, and low wages prevent new businesses from thriving and workers from earning enough to sustain economic demand. -/- To correct these imbalances, a mixed economic model—combining capitalist entrepreneurship with government intervention, population regulation, and central bank policies—is necessary. By balancing private-sector innovation with public-sector job creation and aligning workforce growth with sustainable employment opportunities, societies can ensure economic stability, reduce inequality, and promote long-term prosperity. -/- Only through holistic economic planning can nations achieve stable job creation, entrepreneurship growth, and population balance, creating a future where economic progress benefits everyone, not just a privileged few. -/- . (shrink)

Achieving Sustainable Population Management Through Economic Growth and Replacement Fertility -/- Introduction -/- Population management is a crucial challenge in today’s world. Some countries face overpopulation, which strains resources, infrastructure, and economic growth. Others experience depopulation, leading to labor shortages, economic decline, and social instability. The correct approach depends on a country’s current demographic and economic status. -/- Overpopulated countries must first decrease their population to a sustainable level while achieving high GDP per capita before considering replacement fertility. -/- Depopulating (...) countries must stabilize their population at a sustainable level before transitioning to replacement fertility to prevent economic collapse. -/- This essay examines the causes and consequences of overpopulation and depopulation, providing case studies and solutions to achieve sustainable population levels. -/- The Challenges of Overpopulation -/- Overpopulation occurs when a country’s population exceeds the available resources, infrastructure, and economic capacity, leading to several issues: -/- 1. Resource Depletion – High demand for food, water, land, and energy causes shortages and environmental destruction. -/- 2. Economic Struggles – When job creation and infrastructure growth fail to match population increase, unemployment and poverty rise. -/- 3. Environmental Degradation – Overpopulation accelerates climate change, deforestation, and pollution. -/- 4. Overburdened Public Services – Governments struggle to provide adequate healthcare, education, and housing. -/- 5. Social Instability – Overcrowded cities and high competition for resources lead to crime, protests, and political unrest. -/- Case Studies: Overpopulated Countries -/- India (1.4 billion, fertility rate ~2.0) – Struggles with water shortages, traffic congestion, and high unemployment. -/- Bangladesh (170 million, fertility rate ~2.1) – One of the most densely populated countries, facing flooding, land shortages, and slums. -/- Nigeria (223 million, fertility rate ~5.3) – Rapid growth threatens food security, job opportunities, and deforestation. -/- Philippines (114 million, fertility rate ~1.9) – Faces urban congestion, limited land space, and housing crises. -/- Pakistan (240 million, fertility rate ~3.5) – Struggles with energy shortages, poor healthcare, and rising poverty. -/- The Correct Approach for Overpopulated Countries -/- Overpopulated nations must not immediately adopt replacement fertility (2.1 children per woman) because their population is already too large. Instead, they should: -/- 1. Reduce Population to a Manageable Level -/- Implement family planning programs and education initiatives to encourage lower birth rates. -/- Set fertility targets below 2.1 (e.g., 1.5 to 1.8) to gradually reduce population size. -/- Offer economic incentives for smaller families, such as tax benefits and free contraceptives. -/- 2. Strengthen Economic Growth and Increase GDP Per Capita -/- Invest in technology, high-value industries, and education to improve productivity. -/- Develop smart urban planning to reduce congestion and improve living conditions. -/- Ensure fair wages and social safety nets to prevent extreme poverty. -/- 3. Stabilize at Replacement Fertility After Achieving Balance -/- Once population levels become sustainable, shift to replacement fertility (2.1 children per woman) to prevent economic decline. -/- Encourage sustainable urbanization and green technologies to manage resources efficiently. -/- Without these measures, overpopulated countries will continue to struggle with worsening poverty, environmental destruction, and declining quality of life. -/- The Risks of Depopulation -/- While overpopulation creates challenges, depopulation also presents significant risks: -/- 1. Economic Decline – Fewer workers result in lower productivity, labor shortages, and reduced economic growth. -/- 2. Aging Populations – Fewer young people mean fewer taxpayers to support healthcare and pensions. -/- 3. Urban and Rural Decay – Population decline leads to abandoned homes, closed schools, and stagnation. -/- 4. Loss of Global Influence – Countries with shrinking populations lose economic and political power. -/- Case Studies: Depopulating Countries -/- Japan (125 million, fertility rate ~1.3) – The world’s most rapidly aging nation, relying on robotics and automation. -/- South Korea (51 million, fertility rate ~0.78) – Facing a severe birth rate crisis, threatening long-term economic stability. -/- Italy (59 million, fertility rate ~1.2) – Experiencing rural depopulation, with entire villages abandoned. -/- Germany (84 million, fertility rate ~1.4) – Uses immigration to sustain its economy but still faces a shrinking workforce. -/- China (1.4 billion, fertility rate ~1.2) – After the one-child policy, it now struggles with a declining labor force. -/- Are Depopulating Countries on the Right Path? -/- Some depopulating countries have adapted well, while others face long-term crises. -/- Countries Handling Depopulation Effectively -/- Germany – Uses skilled immigration and robotics to compensate for labor shortages. -/- Japan – Invests in automation and AI to maintain productivity despite an aging population. -/- Canada – Encourages high-skilled immigration to offset declining birth rates. -/- Countries Struggling with Depopulation -/- South Korea – Despite incentives like cash rewards and tax breaks for families, birth rates remain low. -/- Italy – Rural areas are becoming ghost towns, with little government intervention. -/- China – Ending the one-child policy has not significantly increased birth rates. -/- These countries must stabilize their population before adopting replacement fertility (2.1 children per woman) to avoid economic collapse. -/- The Correct Approach for Depopulating Countries -/- Depopulating nations should not immediately aim for replacement fertility. Instead, they must: -/- 1. First Reach a Sustainable Population Level -/- If a country’s population is declining too quickly, stabilizing at 2.1 fertility too soon will not fix the economy. -/- Governments should aim for fertility rates between 1.6 and 1.9 before transitioning to 2.1. -/- 2. Encourage Higher Fertility Gradually -/- Offer childcare subsidies, free education, and paid parental leave to make parenting more affordable. -/- Promote work-life balance so families can afford more children. -/- 3. Use Immigration to Stabilize Workforce Levels -/- Countries like Germany and Canada use skilled immigration to maintain their economies. -/- Immigration policies should attract workers in high-demand industries. -/- 4. Invest in Automation and AI -/- Japan and South Korea are leading in robotics to replace human labor shortages. -/- Automation ensures productivity remains stable, even with fewer workers. -/- By following these steps, depopulating nations can create a balanced, self-sustaining economy before adopting replacement fertility. -/- Conclusion: Achieving Population Balance for Long-Term Sustainability -/- The correct population strategy depends on a country’s demographic situation: -/- Overpopulated countries must first reduce their population and achieve high GDP per capita before stabilizing at replacement fertility. -/- Depopulating countries must first stabilize their population before transitioning to replacement fertility. -/- This approach aligns with the universal law of balance, ensuring that societies do not suffer from excessive resource depletion or economic collapse. Overpopulation and depopulation are both extreme imbalances—countries must find the middle ground for long-term prosperity. -/- By implementing these strategies, nations can build a future where economic growth, resource management, and population levels are harmonized for sustainable development. -/- . (shrink)

Why Are Some Countries Rich While Others Remain Poor? -/- The economic disparity between rich and poor countries has been a persistent issue throughout history. While some nations have achieved immense wealth and prosperity, others continue to struggle with poverty. Understanding the reasons behind this divide requires an examination of historical, geographical, economic, political, and social factors. This essay explores the key reasons why many countries are rich while a few remain poor. -/- 1. Historical Factors -/- History plays a (...) crucial role in shaping a nation’s economic status. Many poor countries today were former colonies that suffered from resource exploitation and underdevelopment. European colonial powers extracted wealth from Africa, Asia, and Latin America, leaving many of these nations with weak institutions and economies upon gaining independence. In contrast, countries that industrialized early, such as the United Kingdom, Germany, and the United States, established strong economies that continue to thrive today. -/- The Industrial Revolution provided a major economic advantage to early adopters, enabling them to develop infrastructure, create jobs, and expand global trade. Meanwhile, countries that missed out on early industrialization, such as many in sub-Saharan Africa, were left behind. -/- 2. Geographical Factors -/- Geography also significantly influences a country’s wealth. Nations with abundant natural resources, such as oil (e.g., Saudi Arabia, Norway) or minerals (e.g., Australia, Canada), have the potential to generate immense wealth. However, having natural resources alone does not guarantee prosperity. For example, countries like the Democratic Republic of Congo have rich mineral deposits but remain poor due to corruption and conflict. -/- Climate and agriculture also play a role. Many rich countries have temperate climates that support large-scale farming, while tropical nations struggle with unpredictable weather, soil depletion, and diseases such as malaria. Countries with difficult terrain, such as landlocked nations or those with deserts, often face challenges in trade and infrastructure development. -/- 3. Economic Systems and Policies -/- The economic policies adopted by a country can determine its success or failure. Market economies that promote free trade, entrepreneurship, and investment tend to prosper. Countries with strong property rights and competitive markets attract both domestic and foreign investments, leading to innovation and growth. Examples include the United States, Japan, and South Korea. -/- On the other hand, nations with excessive government control over the economy, high taxes, and restrictions on trade often struggle. Command economies, such as North Korea, have failed to generate sustainable growth due to rigid economic structures and limited incentives for businesses. Additionally, some poor countries rely too much on a single industry or export, making them vulnerable to economic downturns. -/- 4. Political and Institutional Factors -/- Political stability and strong institutions are critical for economic success. Countries with effective governments, the rule of law, and low corruption create an environment where businesses can thrive. Switzerland and Singapore, for instance, have strong governance systems that encourage investment and innovation. -/- In contrast, many poor nations suffer from political instability, corruption, and weak institutions. Governments in countries like Venezuela and Sudan mismanage resources, leading to economic collapse. War and conflict also hinder development by destroying infrastructure and discouraging investment. -/- 5. Education and Human Capital -/- A well-educated population is essential for economic growth. Rich countries invest heavily in education, ensuring that their citizens acquire the skills needed for high-paying jobs and technological advancements. Nations like Finland and South Korea have strong education systems that contribute to their economic success. -/- Conversely, many poor countries struggle with low literacy rates, limited access to education, and brain drain—where skilled workers migrate to wealthier nations in search of better opportunities. Without a skilled workforce, economic progress becomes difficult. -/- 6. Trade and Globalization -/- Access to international markets is another key factor in determining a country’s wealth. Wealthy nations benefit from global trade, exporting high-value products and services. Countries like Germany and China have built strong economies through manufacturing and exports. -/- On the other hand, some poor countries face trade restrictions, tariffs, and economic dependency on a single export, making them vulnerable to price fluctuations. Additionally, reliance on foreign aid can sometimes create a cycle of dependency rather than fostering self-sufficiency. -/- 7. Demographics and Population Growth -/- Population growth can be both a blessing and a challenge. Rich countries tend to have balanced population growth, allowing for sustainable economic expansion. Countries like Canada and Sweden manage their populations well through immigration and social policies. -/- However, many poor nations experience rapid population growth without corresponding economic development. Overpopulation strains resources, leads to high unemployment, and makes it difficult for governments to provide education, healthcare, and infrastructure. Countries like Nigeria and Bangladesh struggle with these challenges. -/- 8. Cultural and Social Factors -/- Cultural attitudes toward work, productivity, and governance also shape a nation’s economic success. Societies that value innovation, discipline, and economic planning tend to prosper. Countries like Japan and Germany emphasize efficiency and technological progress, contributing to their wealth. -/- Additionally, gender equality and economic inclusion play a role in national prosperity. Countries that empower women and minorities to participate in the workforce experience higher economic growth. In contrast, societies with restrictive social norms often limit their economic potential. -/- Conclusion -/- The wealth disparity between nations is not due to a single factor but a combination of historical, geographical, economic, political, and social influences. While rich countries benefit from strong institutions, innovation, and stable governance, poor nations often struggle with corruption, weak infrastructure, and rapid population growth. However, with the right policies—such as investing in education, strengthening institutions, and promoting economic diversification—poorer countries can improve their economic standing. By understanding these factors, nations can work toward closing the gap and ensuring a more balanced global economy. -/- . (shrink)

Dans l’opinion publique, la migration « irrégulière » est associée à l’entrée et au séjour non autorisés. Un nombre croissant d’études indiquent toutefois qu’elle résulte de la production de catégories légales de séjour autorisé. Le présent chapitre enrichit cette littérature, en montrant comment la construction de la catégorie légale de travail autorisé est productrice d’immigration « irrégulière ». En effet, la multiplication des conditions d’accès à l’autorisation de travail a pour effet de priver de droit au séjour des personnes (...) autrement en situation régulière. La France, située en tête de classement en matière d’obligations de quitter le territoire et en fin de classement en matière d’immigration professionnelle, représente un cas d’école parmi les pays de l’Union Européenne. (shrink)

Hayek’s The Road to Serfdom has been interpreted as a general warning against state intervention in the economy.1 We review this argument in conjunction with Hayek’s later work and discern an institutional thesis about which forms of state intervention and economic institutions could threaten personal and political freedom. Economic institutions pose a threat if they allow for coercive interventions, as described by Hayek in The Constitution of Liberty: by giving someone the power to force others to serve one’s will by (...) threatening to inflict harm, in the absence of general rules of conduct. According to the logic of the argument, welfare-state provisions are not coercive insofar as they do not allow the identification and discriminatory treatment of individuals. By contrast, we claim that a structure of coercion is likely to emerge from the command-and-control nature of protectionist institutions and immigration restrictions currently advocated by the radical right. (shrink)

Rindermann et al.’s article concludes that certain refugees may have a lower IQ and as a result may not provide as significant an economic contribution to host states compared to the average citizen, and so may be an economic cost. This commentary first casts doubt on this conclusion. It then, and most importantly, demonstrates that even if this conclusion were true, it would be irrelevant insofar as it would have no moral or legal significance in mitigating or defeating obligations towards (...) refugees. The commentary shows that any normative view that IQ and economic contributions can mitigate or defeat obligations to provide protection has unacceptable implications. The commentary then demonstrates that legal and moral obligations to refugees are in no part contingent on IQ and economic contributions and to suppose otherwise would simply represent a fundamental misunderstanding of the nature, grounds, and weight of obligations towards refugees. Hence, supposed IQ or economic contributions are entirely irrelevant to, and cannot undermine the strength of, refugees’ claims to protection nor states’ obligations to provide it. (shrink)

The article aims to focus on a brief historical and epistemological reflection on the issue of the emergence of fundamental rights in the Western tradition and its universalist and hegemonic claim in the colonized countries of the New World -whose ideal of the subject of law is paradoxically restricted to the human person of an autochthonous-European and Euro-diasporic character due to affirmative policies and promotion of European immigration, subsidized by the colonized Ibero-American States. At the same time, it seeks (...) to analyze the phenomenon of acculturation of the aforementioned law and its inducing character of the process of destitution of the condition of subject of the Afro-diasporic population in the New World, from the perspective of the Critical Theory of Race (CCT). and emphasizing its relationship with the ideology of racial supremacism present in the institutional ideal of a post-independence Ibero-American State during the 19th century. (shrink)

This collection of articles was written over the last 10 years and edited them to bring them up to date (2017). All the articles are about human behavior (as are all articles by anyone about anything), and so about the limitations of having a recent monkey ancestry (8 million years or much less depending on viewpoint) and manifest words and deeds within the framework of our innate psychology as presented in the table of intentionality. As famous evolutionist Richard Leakey says, (...) it is critical to keep in mind not that we evolved from apes, but that in every important way, we are apes. If everyone was given a real understanding of this (i.e., of human ecology and psychology to actually give them some control over themselves), maybe civilization would have a chance. As things are however the leaders of society have no more grasp of things than their constituents and so collapse into anarchy is inevitable. -/- It is critical to understand why we behave as we do and so the first section presents articles that try to describe (not explain as Wittgenstein insisted) behavior. Section one starts with a brief review of the logical structure of rationality which provides some heuristics for the description of language (mind) and gives some suggestions as to how this relates to the evolution of social behavior. This centers around the two writers I have found the most important in this regard, Ludwig Wittgenstein and John Searle, whose ideas I combine and extend within the dual system (two systems of thought) framework that has proven so useful in recent thinking and reasoning research. As I note, there is in my view essentially complete overlap between philosophy, in the strict sense of the enduring questions that concern the academic discipline, and the descriptive psychology of higher order thought (behavior). Once one has grasped Wittgenstein’s insight that there is only the issue of how the language game is to be played, one determines the Conditions of Satisfaction (what makes a statement true or satisfied etc.) and that is the end of the discussion. -/- Since philosophical problems are the result of our innate psychology, or as Wittgenstein put it, due to the lack of perspicuity of language, they run throughout human discourse, so there is endless need for philosophical analysis, not only in the ‘human sciences’ of philosophy, sociology, anthropology, political science, psychology, history, literature, religion, etc., but in the ‘hard sciences’ of physics, mathematics, and biology. It is universal to mix the language game questions with the real scientific ones as to what the empirical facts are. Scientism is ever present and the master has laid it before us long ago, i.e., Wittgenstein (hereafter W) beginning with the Blue and Brown Books in the early 1930’s. -/- "Philosophers constantly see the method of science before their eyes and are irresistibly tempted to ask and answer questions in the way science does. This tendency is the real source of metaphysics and leads the philosopher into complete darkness." (BBB p18) -/- The key to everything about us is biology, and it is obliviousness to it that leads millions of smart educated people like Obama, Chomsky, Clinton and the Pope to espouse suicidal utopian ideals that inexorably lead straight to Hell On Earth. As W noted, it is what is always before our eyes that is the hardest to see. We live in the world of conscious deliberative linguistic System 2, but it is unconscious, automatic reflexive System 1 that rules. This is the source of the universal blindness described by Searle’s The Phenomenological Illusion (TPI), Pinker’s Blank Slate and Tooby and Cosmides’ Standard Social Science Model. -/- The astute may wonder why we cannot see System 1 at work, but it is clearly counterproductive for an animal to be thinking about or second guessing every action, and in any case there is no time for the slow, massively integrated System 2 to be involved in the constant stream of split second ‘decisions’ we must make. As W noted, our ‘thoughts’ (T1 or the ‘thoughts’ of System 1) must lead directly to actions. -/- It is my contention that the table of intentionality (rationality, mind, thought, language, personality etc.) that features prominently here describes more or less accurately, or at least serves as an heuristic for, how we think and behave, and so it encompasses not merely philosophy and psychology, but everything else (history, literature, mathematics, politics etc.). Note especially that intentionality and rationality as I (along with Searle, Wittgenstein and others) view it, includes both conscious deliberative System 2 and unconscious automated System 1 actions or reflexes. -/- Thus all the articles, like all behavior, are intimately connected if one knows how to look at them. As I note, The Phenomenological Illusion (oblivion to our automated System 1) is universal and extends not merely throughout philosophy but throughout life. I am sure that Chomsky, Obama, Zuckerberg and the Pope would be incredulous if told that they suffer from the same problem as Hegel, Husserl and Heidegger, (or that that they differ only in degree from drug and sex addicts in being motivated by stimulation of their frontal cortices by the delivery of dopamine via the ventral tegmentum and the nucleus accumbens) but it’s clearly true. While the phenomenologists only wasted a lot of people’s time, they are wasting the earth and their descendant’s future. Section one continues with other views of behavior which my reviews attempt to correct and put in context with minimal theory. -/- The next section describes the digital delusions which confuse the language games of System 2 with the automatisms of System one, and so cannot distinguish biological machines (i.e., people) from other kinds of machines (i.e., computers). The ‘reductionist’ claim is that one can ‘explain’ behavior at a ‘lower’ level, but what actually happens is that one does not explain human behavior but a ‘stand in’ for it. Hence the title of Searle’s classic review of Dennett’s book (“Consciousness Explained”)— “Consciousness Explained Away”. In most contexts ‘reduction’ of higher level emergent behavior to brain functions, biochemistry, or physics is incoherent. Even for chemistry or physics the path is blocked by chaos and uncertainty. Anything can be ‘represented’ by equations, but when they ‘represent’ higher order behavior, it is not clear what the ‘results’ mean. Reductionist metaphysics is a joke but most scientists and philosophers lack the appropriate sense of humor. -/- Another hi-tech delusion is that the we will be saved from the pure evil (selfishness) of System 1 by computers/AI/robotics/ nanotech/genetic engineering created by System 2. The No Free Lunch principal tells us there will be serious and possibly fatal consequences. The adventurous may regard this principle as a higher order emergent expression of the Second Law of Thermodynamics. -/- The last section describes The One Big Happy Family Delusion , i.e., that we are selected for cooperation with everyone and that the euphonious ideals of Democracy, Diversity and Equality will lead us into utopia. Again the No Free Lunch Principle ought to warn us it cannot be true, and we see throughout history and all over the contemporary world, that without strict controls, selfishness and stupidity gain the upper hand and soon destroy any nation that embraces it. In addition, the monkey mind steeply discounts the future, and so we sell our descendant’s heritage for temporary comforts greatly exacerbating the problems. -/- I describe versions of this delusion (i.e., that we are basically ‘friendly’ if just given a chance) as it appears in some recent books on sociology/biology/economics. I end with an essay on the great tragedy playing out in America and the world, which can be seen as a direct result of our evolved psychology manifested as the inexorable machinations of System 1. Our evolved psychology, eminently adaptive and eugenic on the plains of Africa ca. 50,000 years ago, when many of our ancestors left Africa, to ca. 6 million years ago, when we split from chimpanzees (i.e., in the EEA or Environment of Evolutionary Adaptation), but now maladaptive and dysgenic and the source of our Suicidal Utopian Delusions. So, like all discussions of behavior, this book is about evolutionary strategies, selfish genes and inclusive fitness. (shrink)

It cannot be overstated that in recent times the gravity and complexity of irregular maritime migration have triggered concerns and debates in the academic domains of International Relations and International Law. The article examines how states’ compliance with, and enforcement of, international law and legal norms would tackle the challenges of irregular migration in the Indian Ocean region. The legislative and policy challenges regarding irregular migration can be analyzed under two segments. First, there is a lack of comprehensive discussion about (...) the sending and the receiving states’ commitments (regarding irregular migrants) to international law and legal norms. Secondly, deficit of comparative analysis to show how the littoral states comply with international law norms on migration and refugee influx. Such analysis from multiple perspectives would be helpful to get insights and make policy recommendations about how effectively international law norms could be enforced through national legislation and policy framework. (shrink)

In my view all behavior is an expression of our evolved psychology and so intimately connected to religion, morals and ethics, if one knows how to look at them. -/- Many will find it strange that I spend little time discussing the topics common to most discussions of religion, but in my view it is essential to first understand the generalities of behavior and this necessitates a good understanding of biology and psychology which are mostly noticeable by their absence in (...) works on religion, politics, history, morals and ethics, etc. In my view most such efforts have no grasp at all of the operation of System 2, the slow cortical functions of the brain which can be equated to linguistic behavior or the mind, and which I call the Descriptive Psychology of Higher Order Thought and which I regard as the province of philosophy in the narrow sense. -/- It is my contention that the table of intentionality (rationality, mind, thought, language, personality etc.) that features prominently here describes more or less accurately, or at least serves as an heuristic for, how we think and behave, and so it encompasses not merely philosophy and psychology, but everything else (religion, history, literature, mathematics, politics etc.). Note especially that intentionality and rationality as I (along with Searle, Wittgenstein and others) view it, includes both conscious deliberative System 2 and unconscious automated System 1 actions or reflexes. -/- This collection of articles was written over the last 10 years and revised to bring them up to date (2019). All the articles are about human behavior (as are all articles by anyone about anything), and so about the limitations of having a recent monkey ancestry (8 million years or much less depending on viewpoint) and manifest words and deeds within the framework of our innate psychology as presented in the table of intentionality. As famous evolutionist Richard Leakey says, it is critical to keep in mind not that we evolved from apes, but that in every important way, we are apes. If everyone was given a real understanding of this (i.e., of human ecology and psychology to actually give them some control over themselves), maybe civilization would have a chance. As things are however the leaders of society have no more grasp of things than their constituents and so collapse into anarchy is inevitable is spite of the near universal views that religion, politics or technology can save us. See my Suicidal Utopian Delusions in the 21st Century 5th ed (2019), for a detailed exposition of this view. -/- It is critical to understand why we behave as we do and so I start with a brief review of the logical structure of rationality, which provides some heuristics for the description of language (mind, rationality, personality) and gives some suggestions as to how this relates to the evolution of social behavior. This centers around the two writers I have found the most important in this regard, Ludwig Wittgenstein and John Searle, whose ideas I combine and extend within the dual system (two systems of thought) framework that has proven so useful in recent thinking and reasoning research. As I note, there is in my view essentially complete overlap between philosophy, in the strict sense of the enduring questions that concern the academic discipline, and the descriptive psychology of higher order thought (behavior). Once one has grasped Wittgenstein’s insight that there is only the issue of how the language game is to be played, one determines the Conditions of Satisfaction (what makes a statement true or satisfied etc.) and that is the end of the discussion. No neurophysiology, no metaphysics, no postmodernism, no theology. -/- Along with many, I see it as the basic religious or moral issue of our times that America and the world are in the process of collapse from excessive population growth, most of it for the last century, and now all of it, due to 3rd world people. Consumption of resources and the addition of 3 billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. The earth loses at least 1% of its topsoil every year, so as it nears 2100, most of its food growing capacity will be gone. Billions will die and nuclear war is all but certain. In America, this is being hugely accelerated by massive immigration and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a nightmare of crime and poverty. China will continue to overwhelm America and the world, as long as it maintains the dictatorship which limits selfishness and permits long term planning. The root cause of collapse is the inability of our innate psychology to adapt to the modern world, which leads people to treat unrelated persons as though they had common interests (which I suggest may be regarded as an unrecognized -- but the commonest and most serious-- psychological problem -- Inclusive Fitness Disorder). This, plus ignorance of basic biology and psychology, leads to the social engineering delusions of the partially educated who control democratic societies. Few understand that if you help one person you harm someone else—there is no free lunch and every single item anyone consumes destroys the earth beyond repair. Consequently, social policies everywhere are unsustainable and one by one all societies without stringent controls on selfishness will collapse into anarchy or dictatorship. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system, especially now that the Neomarxist Third World Supremacists are taking control of the USA and other Western Democracies, and helping the Seven Sociopaths who run China to succeed in their plan to eliminate peace and freedom and religion worldwide. Hence my concluding essays. Of course, it is an easily defensible point of view that Artificial Intelligence (aka Artificial Stupidity or Artificial Sociopathy) researchers are even more evil than the Democrats and the CCP, and I make brief comments on this as well. -/- Several articles touch on The One Big Happy Family Delusion, i.e., that we are genetically selected for cooperation with everyone, and that the euphonious ideals of Democracy, Diversity, Equality and Religion will lead us into utopia, if we just manage things correctly (the possibility of politics). Again, the No Free Lunch Principle ought to warn us it cannot be true, and we see throughout history and all over the contemporary world, that without strict controls, selfishness and stupidity gain the upper hand and soon destroy any nation that embraces these delusions. In addition, the monkey mind steeply discounts the future, and so we cooperate in selling our descendant’s heritage for temporary comforts, greatly exacerbating the problems. -/- I describe versions of this delusion (i.e., that we are basically ‘friendly’ if just given a chance) as it appears in some recent books on sociology/biology/economics. Even Sapolsky’s otherwise excellent “Behave” (2017) embraces leftist politics and group selection and gives space to a discussion of whether humans are innately violent. I end with two essays on the great tragedy playing out in America and the world, which can be seen as a direct result of our evolved psychology manifested as the inexorable machinations of System 1. Our psychology, eminently adaptive and eugenic on the plains of Africa from ca. 6 million years ago, when we split from chimpanzees, to ca. 50,000 years ago, when many of our ancestors left Africa (i.e., in the EEA or Environment of Evolutionary Adaptation), is now maladaptive and dysgenic and the source of our Suicidal Utopian Delusions. So, like all discussions of behavior (theology, philosophy, psychology, sociology, biology, anthropology, politics, law, literature, history, economics, soccer strategies, business meetings, etc.), this book is about evolutionary strategies, selfish genes and inclusive fitness (kin selection, natural selection), though of course few grasp this, regardless of whether they are academics or peasants, atheists or fundamentalists. (shrink)

This collection of articles was written over the last 10 years and edited to bring them up to date (2019). All the articles are about human behavior (as are all articles by anyone about anything), and so about the limitations of having a recent monkey ancestry (8 million years or much less depending on viewpoint) and manifest words and deeds within the framework of our innate psychology as presented in the table of intentionality. As famous evolutionist Richard Leakey says, it (...) is critical to keep in mind not that we evolved from apes, but that in every important way, we are apes. If everyone was given a real understanding of this (i.e., of human ecology and psychology to actually give them some control over themselves), maybe civilization would have a chance. As things are however the leaders of society have no more grasp of things than their constituents and so collapse into anarchy is inevitable. -/- The first group of articles attempt to give some insight into how we behave that is reasonably free of theoretical delusions. In the next three groups, I comment on three of the principal delusions preventing a sustainable world— technology, religion and politics (cooperative groups). People believe that society can be saved by them, so I provide some suggestions in the rest of the book as to why this is unlikely via short articles and reviews of recent books by well-known writers. -/- It is critical to understand why we behave as we do and so the first section presents articles that try to describe (not explain as Wittgenstein insisted) behavior. I start with a brief review of the logical structure of rationality, which provides some heuristics for the description of language (mind, rationality, personality) and gives some suggestions as to how this relates to the evolution of social behavior. This centers around the two writers I have found the most important in this regard, Ludwig Wittgenstein and John Searle, whose ideas I combine and extend within the dual system (two systems of thought) framework that has proven so useful in recent thinking and reasoning research. As I note, there is in my view essentially complete overlap between philosophy, in the strict sense of the enduring questions that concern the academic discipline, and the descriptive psychology of higher order thought (behavior). Once one has grasped Wittgenstein’s insight that there is only the issue of how the language game is to be played, one determines the Conditions of Satisfaction (what makes a statement true or satisfied etc.) and that is the end of the discussion. No neurophysiology, no metaphysics, no postmodernism, no theology. -/- It is my contention that the table of intentionality (rationality, mind, thought, language, personality etc.) that features prominently here describes more or less accurately, or at least serves as an heuristic for, how we think and behave, and so it encompasses not merely philosophy and psychology, but everything else (history, literature, mathematics, politics etc.). Note especially that intentionality and rationality as I (along with Searle, Wittgenstein and others) view it, includes both conscious deliberative System 2 and unconscious automated System 1 actions or reflexes. -/- The next section describes the digital delusions, which confuse the language games of System 2 with the automatisms of System one, and so cannot distinguish biological machines (i.e., people) from other kinds of machines (i.e., computers). The ‘reductionist’ claim is that one can ‘explain’ behavior at a ‘lower’ level, but what actually happens is that one does not explain human behavior but a ‘stand in’ for it. Hence the title of Searle’s classic review of Dennett’s book (“Consciousness Explained”)— “Consciousness Explained Away”. In most contexts ‘reduction’ of higher level emergent behavior to brain functions, biochemistry, or physics is incoherent. Even for ‘reduction’ of chemistry or physics, the path is blocked by chaos and uncertainty. Anything can be ‘represented’ by equations, but when they ‘represent’ higher order behavior, it is not clear (and cannot be made clear) what the ‘results’ mean. Reductionist metaphysics is a joke, but most scientists and philosophers lack the appropriate sense of humor. -/- The last section describes The One Big Happy Family Delusion, i.e., that we are selected for cooperation with everyone, and that the euphonious ideals of Democracy, Diversity and Equality will lead us into utopia, if we just manage things correctly (the possibility of politics). Again, the No Free Lunch Principle ought to warn us it cannot be true, and we see throughout history and all over the contemporary world, that without strict controls, selfishness and stupidity gain the upper hand and soon destroy any nation that embraces these delusions. In addition, the monkey mind steeply discounts the future, and so we cooperate in selling our descendant’s heritage for temporary comforts, greatly exacerbating the problems. The only major change in this edition is the addition in the last article of a short discussion of China, a threat to peace and freedom as great as overpopulation and climate change and one to which even most professional scholars and politicians are oblivious so I regarded it as sufficiently important to warrant a new edition. -/- I describe versions of this delusion (i.e., that we are basically ‘friendly’ if just given a chance) as it appears in some recent books on sociology/biology/economics. Even Sapolsky’s otherwise excellent “Behave”(2017) embraces leftist politics and group selection and gives space to a discussion of whether humans are innately violent. I end with an essay on the great tragedy playing out in America and the world, which can be seen as a direct result of our evolved psychology manifested as the inexorable machinations of System 1. Our psychology, eminently adaptive and eugenic on the plains of Africa from ca. 6 million years ago, when we split from chimpanzees, to ca. 50,000 years ago, when many of our ancestors left Africa (i.e., in the EEA or Environment of Evolutionary Adaptation), is now maladaptive and dysgenic and the source of our Suicidal Utopian Delusions. So, like all discussions of behavior (philosophy, psychology, sociology, biology, anthropology, politics, law, literature, history, economics, soccer strategies, business meetings, etc.), this book is about evolutionary strategies, selfish genes and inclusive fitness (kin selection, natural selection). -/- The great mystic Osho said that the separation of God and Heaven from Earth and Humankind was the most evil idea that ever entered the Human mind. In the 20th century an even more evil notion arose, or at least became popular with leftists—that humans are born with rights, rather than having to earn privileges. The idea of human rights is an evil fantasy created by leftists to draw attention away from the merciless destruction of the earth by unrestrained 3rd world motherhood. Thus, every day the population increases by 200,000, who must be provided with resources to grow and space to live, and who soon produce another 200,000 etc. And one almost never hears it noted that what they receive must be taken from those already alive, and their descendants. Their lives diminish those already here in both major obvious and countless subtle ways. Every new baby destroys the earth from the moment of conception. In a horrifically overcrowded world with vanishing resources, there cannot be human rights without destroying the earth and our descendant’s futures. It could not be more obvious, but it is rarely mentioned in a clear and direct way, and one will never see the streets full of protesters against motherhood. -/- The most basic facts, almost never mentioned, are that there are not enough resources in America or the world to lift a significant percentage of the poor out of poverty and keep them there. Even the attempt to do this is already bankrupting America and destroying the world. The earth’s capacity to produce food decreases daily, as does our genetic quality. And now, as always, by far the greatest enemy of the poor is other poor and not the rich. -/- America and the world are in the process of collapse from excessive population growth, most of it for the last century, and now all of it, due to 3rd world people. Consumption of resources and the addition of 4 billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. The earth loses about 2% of its topsoil every year, so as it nears 2100, most of its food growing capacity will be gone. Billions will die and nuclear war is all but certain. In America, this is being hugely accelerated by massive immigration and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a nightmare of crime and poverty. China will continue to overwhelm America and the world, as long as it maintains the dictatorship which limits selfishness. The root cause of collapse is the inability of our innate psychology to adapt to the modern world, which leads people to treat unrelated persons as though they had common interests (which I suggest may be regarded as an unrecognized -- but the commonest and most serious-- psychological problem -- Inclusive Fitness Disorder). This, plus ignorance of basic biology and psychology, leads to the social engineering delusions of the partially educated who control democratic societies. Few understand that if you help one person you harm someone else—there is no free lunch and every single item anyone consumes destroys the earth beyond repair. Consequently, social policies everywhere are unsustainable and one by one all societies without stringent controls on selfishness will collapse into anarchy or dictatorship. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system. Hence my concluding essay “Suicide by Democracy”. -/- Those wishing to read my other writings may see Talking Monkeys 2nd ed (2019), The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle 2nd ed (2019), Suicide by Democracy 3rd ed (2019), The Logical Stucture of Human Behavior (2019) and Suicidal Utopian Delusions in the 21st Century 4th ed (2019) . (shrink)