The Jurisdiction Argument for Immigration Control: A Critique

Social Theory and Practice, Vol. 42, Issue 3, 2016

33 Pages Posted: 22 Aug 2015 Last revised: 12 Jan 2016

See all articles by Andy Lamey

Andy Lamey

University of California, San Diego (UCSD), Division of Arts and Humanities, Department of Philosophy

Date Written: August 20, 2015

Abstract

The philosophy of jurisdictionism offers a new rationale for restricting immigration. Immigrants impose new obligations on the people whose territories they enter. Insofar as these obligations are unwanted, such polities are justified in turning immigrants away, so long as the immigrants are from a country that respects their rights. The theory however employs a flawed account of obligation, which overlooks how we can be obliged to take on new duties to immigrants. Jurisdictionism also employs different standards when determining whether an obligation exists, only one of which is sensitive to consequences. Finally the theory falsely claims that obligations necessarily reduce the freedom of the obliged.

Keywords: immigration, jurisdiction, obligation, liberalism, justice

Suggested Citation

Lamey, Andy, The Jurisdiction Argument for Immigration Control: A Critique (August 20, 2015). Social Theory and Practice, Vol. 42, Issue 3, 2016, Available at SSRN: https://ssrn.com/abstract=2648606

Andy Lamey (Contact Author)

University of California, San Diego (UCSD), Division of Arts and Humanities, Department of Philosophy ( email )

9500 Gilman Drive
La Jolla, CA 92093-0119
United States

HOME PAGE: http://andylamey.com

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