Jump to ContentJump to Main Navigation
Immigration, Emigration, and MigrationNOMOS LVII$
Users without a subscription are not able to see the full content.

Jack Knight

Print publication date: 2017

Print ISBN-13: 9781479860951

Published to NYU Press Scholarship Online: September 2017

DOI: 10.18574/nyu/9781479860951.001.0001

Show Summary Details

Three Mistakes in Open Borders Debates

Three Mistakes in Open Borders Debates

Chapter:
(p.51) 2 Three Mistakes in Open Borders Debates
Source:
Immigration, Emigration, and Migration
Author(s):

Adam B. Cox

Publisher:
NYU Press
DOI:10.18574/nyu/9781479860951.003.0002

What might justify laws that restrict the free movement of people across international borders? This chapter corrects three common mistakes made by those who try to answer this question. First, debates about open borders often conflate three quite distinct questions—about whether border restrictions are permissible, when they are permissible, and who gets to decide. Second, the early American immigration jurisprudence often cited by legal scholars was not about open borders arguments as many have supposed. Third, it will be very difficult to make a persuasive argument in favor of border restrictions without simultaneously tackling the question of what principles of equality require for those who are admitted into a state’s territory. These twin questions are typically segregated in philosophical work on immigration, but they are tied together in ways that are too often overlooked.

Keywords:   immigration, borders, permissibility, U.S. legal history, equality, territory

NYU Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.