Migration Ethics and/in Philosophy of Law
摘要
In this chapter, I discuss the relevance of theories of rights for the ethics of migration by focusing on issues of entry (mostly leaving aside questions of membership, for the sake of concision). In the first section, I introduce the main elements of the analysis of the concept of rights. I discuss the special weight of rights, the connection between rights and obligations, the basic constitutive elements of rights, and the competing will theory and interest theory of rights. In the second section, I show how disagreements between the interest and will theory of rights shape debates about the right to immigrate and the right to exclude. This section also draws attention to the elements constituting the right to immigrate and the right to exclude, as well as to their corresponding duties. In the final section, I suggest that legal philosophy can shed further light on debates about migration regarding rights restrictions and rights differentiation.