This book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated. It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.
Colin Grey is Professeur regulier in the Faculty of Law and Political Science at the Universite du Quebec a Montreal.
Introduction I. Four Predicaments II. Justifying Immigration Policies: Rawls, Kant, and Smith III. Some Parameters and Stipulations Part I: Preliminaries I. Introduction II. Justice and Authority III. The Universality of Justice IV. Justice and Authority in Immigration Governance V. Moving on 2. Inegalitarianism in Immigration Governance I. Introduction II. Some Considered Judgements of Injustice in Immigration III. Discretionary Doctrines IV. Inegalitarianism in Immigration Law V. Inegalitarianism: Four Examples VI. Moving on Part II: The Authority of Immigration Regimes 3. The Rightful Governance of Immigration I. Introduction II. The Argument for the Postulate of Public Right III. The Moral Standing of States and Required Forms of Partiality IV. The Duty to Govern Immigration Rightfully V. Immigration Regimes as Status Regimes VI. Moving on 4. Two Absolutisms I. Introduction II. An Absolutist Schematic III. Communitarian Absolutism IV. Liberal Pessimism V. Moving on 5. The Authority of Immigration Law I. Introduction II. Consent III. Fairness IV. The Natural Duty of Justice as a Principle of Political Obligation V. How Just Immigration Regimes Can Have Authority VI. Moving on Part III: Justice in Immigration Governance 6. The Indirect Principle of Freedom of Migration I. Introduction II. Two Frameworks III. The Value of Freedom of Movement IV. The Global Distributive Justice Alternative V. The Indirect Principle VI. Moving on 7. Priority of Admission for the Worst-off Migrants I. Introduction II. Contextualism and Universalism III. A Contextualist Universalist Method IV. A Constructivist Approach to Immigration V. Free and Equal Migrants VI. A Basic Liberty VII. A Non-lexical Liberty VIII. Prioritizing the Worst off IX. Principles for the Just Governance of Immigration