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Burgess COMMENTARY Peter Burgess | ||
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On Tuesday, October 29, we will be hosting Andrea Sangiovanni (European University Institute) for a talk entitled 'Self-Determination and the Right to Exclude' followed by a discussion and a wine and cheese reception. We are excited to host such a distinguished and engaging thinker and hope you will join us. The talk will be held at 6:30 pm in Room 9205 of The Graduate Center.
Self-Determination and the Right to Exclude Abstract: This paper defends the idea that states only have qualified or conditional rights to exclude would-be immigrants. I begin by offering a novel defense of political self-determination, which I call the Investment View. Self-determination, I argue, is valuable because and insofar citizens jointly intend to continue their political life together via shared institutions. Such a shared intention invests institutions with what I call agency-value, which gives external agents strong reasons not to interfere. I then claim, contra Wellman, that the right to self-determination does not give legitimate states rights to exclude whomever they wish. Whether a state can justifiably exclude would-be immigrants depends on both (a) whether any more open policy would undermine public order, the provision of social justice, the provision of essential public goods, or so transform the institutional order as to render it equivalent to an annexation and (b) the moral weight of the interests of would-be immigrants. Drawing on US equal protection jurisprudence, I then provide a framework for balancing the rights-based interests of legitimate states in realizing their constitutive ends and the interests of different classes of would-be immigrants. The account gives more structure and determinacy to the idea that states need to meet much lower standards in excluding some immigrants (say, those who are already well off) than others (e.g., refugees, divided families, those whose poverty is the result of international injustice). It hence aids us in specifying the conditions according to which states may, and may not, exclude in the name of self-determination. Andrea Sangiovanni is Professor of Philosophy at King’s College London (KCL) (on leave until September 2020) and Professor of Social and Political Theory at the European University Institute. He received his BA and PhD from Harvard University. Before joining KCL, he was a Randall Dillard Research Fellow at Pembroke College, University of Cambridge (2005-2007). His research interests span four areas within moral, political, legal philosophy: the idea of basic equality, the relation between international and domestic social justice (including a special focus on the European Union), human rights, and the relation between practices and principles. His book, Humanity without Dignity: Moral Equality, Respect, and Human Rights, was recently published by Harvard University Press. Other recent publications include ‘Solidarity as Joint Action’ (Journal of Applied Philosophy), ’The Irrelevance of Coercion, Imposition and Framing to Distributive Justice’ (Philosophy & Public Affairs) and ‘Solidarity in the European Union’ (Oxford Journal of Legal Studies). ----------------------------------------------- Please mark your calendars for the next CGEP event this semester! Serene Khader, Brooklyn College, CUNY, “A Transnational Feminist Ethic?” Monday, November 18 @ 6:30, Room 9207 Copyright © 2019 Ralph Bunche Institute, All rights reserved.
| The text being discussed is available at | https://gallery.mailchimp.com/1d3438014e101f92995328b63/files/0d23feee-c99d-4d10-bdbf-9846f8978114/Flyer_Sangiovanni.01.pdf and |