Open Access Research Article
RETHINKING THE BORDER: CONSENT, INCLUSION, AND THE LIMITS OF NATIONALIST JUSTIFICATIONS FOR IMMIGRATION CONTROL
Abstract
The debate over immigration ethics tends to assume that the states have rights to keep out anyone they want, and that those rights are based on sovereignty, democratic self-government, and national identity. This paper challenges this assumption and concludes that none of the three justifications would justify the exclusive approach. The classical theories of sovereignty were based on consent of the people, not on control over people. The club model is undermined by a democratic notion of inclusion that acknowledges the right to claim the territory of long-term residents who work and live within a society. Collective interests are allowed to trample over individual rights, as liberal nationalist arguments, taken from the work of David Miller, examine balance the interests of citizens and migrants. The paper also suggests that it is impractical to comprehensively control the flow of irregular migrants as a result of economic differences between regions, and that states tend to govern the fear of migrants rather than the flow. Using a comparison of domestic crime and prostitution, it argues for a policy that focuses on the demand of employers and provides a means for residents to become citizens rather than excluded. This is more in line with democratic values and more in line with reality of global markets for labour.
Published Paper
Author Details
Authors: SUNIL J MATHEWSRegistration ID: 1013481 | Published Paper ID: IJLRA13481Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2653-2664
Article Information
RETHINKING THE BORDER: CONSENT, INCLUSION, AND THE LIMITS OF NATIONALIST JUSTIFICATIONS FOR IMMIGRATION CONTROL
Authors: SUNIL J MATHEWS
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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