Chapter

Migration Rights

John Finnis

in Human Rights and Common Good

Published in print April 2011 | ISBN: 9780199580071
Published online September 2011 | e-ISBN: 9780191729393 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199580071.003.0008
Migration Rights

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This chapter offers a response to papers by Ann Dummett and Paul Weithman, considering migration rights ‘from a natural law perspective’. The chapter offers answers to the questions: Is eviction of squatters from one's house, in the interests of one's children, ‘promoting one's children's interests at the expense of the squatters' interests? Is it wrong to attribute rights to citizens which aliens do not have, or to admit foreigners for work provided they leave after two years and be visited by no family members? Does everyone have the human, natural law right to enter any territory he chooses with a view to living and working peacefully under the laws applicable to citizens? Do our obligations to alleviate the severest disadvantage mean that Rawls's ‘Difference Principle’ is sound? Or does it apply as if the world were one political community? The analogies between property and territory are important, and emigration and immigration are profoundly asymmetrical.

Keywords: citizens; foreigners; property; territory; Rawls; difference principle; emigration; immigration; natural rights

Chapter.  4175 words. 

Subjects: Jurisprudence and Philosophy of Law

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