Ethics and Immigration Flashcards
Who are liberal scholars?:
Nozick, Rawls, Bentham, Risse, Carens (Uses Nozick, Rawls and Bentham)
What does Nozick argue:
o Follows Locke’s reasoning, and starts uses a ‘state of nature’ as point of departure’
o Argues that even in a stateless society, there would be property rights
o The role of the state is the protection of individual property rights
o Must be protection for citizens and non-citizens (non-citizens that purchase land or choose to be workers etc. should have that right
o Individual property rights trump collective ones
o Right to exclude is an individual right, not a collective one (can’t claim this is our country we don’t have to accept you”
What does Rawls Argue:
o Where Nozick starts from state of nature, Rawls considers ‘original position’
o Original position argues, in position where people have ‘veil of ignorance’ and would choose principles of society without knowing their own privileges, they would promote 2 principles
o First: equal liberty to all (free movement is fundamental to liberty)
o Second principle: unequal treatment (restrictions) only for the benefit of the worst off
o If applied globally, we would help the poor migrants
o Only restrictions would be to maintain public order
o Current mechanisms for control can’t be justified
What does Utilitarianism argue?
o Ethical policy should maximize utility
o Utility of aliens to be weighted equally to that of citizen
o A just system would maximize overall economic gains across all types of individuals, both citizens and non-citizens.
o Classical and neoclassical economics, the maximization of economic gains can only occur at a time that capital and labour can move freely, free mobility of labour requires open borders
o Utilitarians argue, it is unlikely that overall utility would be negatively effected
What does Risse argue?
o To the extent that we are talking about resources that have been created without human interference, nobody has a privileged claim
o Egalitarian Ownership: All human beings have a symmetrical claim to the resources of the earth.
o Relevance of ownership standpoint: example of US shrinking to two people
o US population is small relative to space it controls (territory is underused)
o Also considers – adverse possession argument to defend illegal immigrants
What is critique of Egalitarian ownership argument?
o Critique: Natural vs. Social resources, yes we all need natural, but we built these institutions for welfare
o Immigrants are attracted by the latter as much (if not more) as by the former
o But in response, these niggas ain’t build SHIT, they granddaddies did with slaves
What is the liberal case for freedom of movement?
o Freedom of movement is important for personal liberty
o Prerequisite of other freedoms
o ‘citizenship is the modern equivalent of feudal privilege’
o Case for freedom of movement strongest with regard to South/North migration
o Few legitimate exceptions: Public order; Choices about social welfare (EU)
What does Walzer Argue?
o States have the right to exclude, limited obligations to foreigners because of self-determination
o Exclusionary immigration policies are justified on the ground that it preserves community character, provides justice to those already living in those societies
o Different spheres of justice, and a community claim for justice is not weaker than a wider global justice claim
o Membership: neighborhoods, clubs, families
o Mutual Aid Limitations
What does Walzer argue about Membership?
o Members of a political community have a collective right to shape the resident population
o 2 situations where membership isn’t required: Global libertarianism - no status to distribute, not states or criteria and Global socialism - status would simply come to everyone with birth, global state
o We can think of countries as neighborhoods, clubs or families
How are countries like Neighborhoods?
o Strangers can be welcomed or not welcomed; they cannot be admitted or excluded
o Can only be open if countries are at least potentially closed
How are countries like Clubs?
o Countries have admissions committees
o Can choose who is in and who is out
o Can regulate admissions but can’t bar withdrawals
How are countries like Families?
o States recognize Kinship principle when it gives priority in immigration to relatives of citizens
What is Rawls Mutual Aid Principle:
o Walzer uses it and says, Positive assistance is required if
1) it is needed by other parties
2) the risks and costs of giving it are relatively low for the other party
How does Walzer use Aristotle arguments?
o Slaves and aliens lived in realm of necessity; their fate was determined by the conditions of economic life
o Citizens by contrast, lived in the realm of choice; their fate was determined in the political arena by their own collective decisions
What are critiques of Communitarian Argument:
o States and clubs are different (public/private)
o What about regional and local communities?
o Restrictions on movement usually not deemed acceptable despite distinct cultures & identities
o Even when migration can bring great changes to local communities
o Liberalism (belief in universal principles) is a central part of our culture/identity as liberal states
