Open Borders? Immigration, Citizenship, and Nationalism in the 21st Century | Janus Forum Series

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DANIEL J. D'AMICO: Welcome, and thank you for attending this Janus Forum Lecture Series, sponsored by the Political Theory Project here at Brown University. My name is Dan D'Amico. I'm the associate director of the PTP and tonight's master of ceremonies, so to speak. I'd like to begin with a brief description of what the Political Theory Project is and the Janus Forum program. Our mission at the PTP is to invigorate the study of the ideas and institutions that make societies free, prosperous, and fair. Second, we aim for all of our programming to promote interdisciplinary methods and ideological pluralism. But what does that mean? In short, we want to bring together individuals from sometimes different subject fields, different identities, and/or different value systems to think and discuss pressing social issues of our day. Janus Forum lectures such as this one provide an event space where members of the Brown community can engage contrasting intellectual perspectives in their most sophisticated presentations and in direct comparison to one another. When designing Janis lectures, we simply try to think who are the most established members of an academic profession whom also have a substantial disagreement in the research field. Human migrations have persistently grown in both magnitude and sociopolitical relevance in recent decades. Unexpected policy changes reshape the entire livelihoods of hundreds of thousands of individuals and families. The format for tonight's event is straightforward. Each presenter, beginning with Professor Miller-- or I'm sorry, Professor Carens will discuss the motivations and findings-- JOSEPH CARENS: David's first. DANIEL J. D'AMICO: Oh. Miller's first. I apologize. Beginning with Professor Miller, we'll discuss the motivations and findings of their research for approximately 35 minutes each. Following both, we'll have an equal period of time for questions and answers from the audience. Thereafter, we'll conclude to the lobby for some reception and refreshments. Now, I'd like to introduce our first presenter. David Miller is a professor of political theory, FBA, and official fellow of Nuffield College. Miller's work attempts to leverage evidence from the social sciences to inform debates in political philosophy. Most relevant for tonight's topic, he is the author of Strangers in our Midst, The Political Philosophy of Immigration, published by Harvard University Press. In that text, Miller describes a deep normative connection between the roles and responsibilities of state governments and their citizens operating through the contours of formal immigration policy. Please join me in welcoming Professor David Miller. [APPLAUSE] DAVID MILLER: Thank you, Dan. Thank you. And thank you to the organizing committee for inviting me to this very interesting [INAUDIBLE].. I'm very much looking forward to our discussions after the two talks and, of course, hearing Joe Carens speak. It's actually the first time I've been here at Brown and the first time also on Rhode Island. And to me, Rhode Island has a indissoluble association with chickens. And this is because, when I was growing up, my father, among his various enterprises, had a small chicken farm, which was next to our house. And so the family recruited to conduct various chicken related activities. And so for me, you say Rhode Island red, this does not conjure up a left wing member of the Brown faculty, but actually a broody hen who has to be delicately prised away from the eggs that she's covering, without getting pecked in the process, to me, is a Rhode Island red. Right. To business now. So immigration we're talking about tonight. And it's a hugely controversial topic in democracies on both sides of the Atlantic. Emotions run very high. And I'm not in this talk going to try to propose solutions to the pressing questions that face you here in the US in particular, things like the issue of the Mexican border and the issue of the DREAMers. I don't think anything I could say about those specific topics would be particularly illuminating. My brief is a different one-- it's to thin out the reasons why democratic states should or indeed must have control over their borders. They should adopt selective immigration policies that limit the numbers entering at any time period. Of course, that means turning away those who are not selected. And I come to this as a defender of liberal nationalism, a perspective that underpins much of what I've written in recent years, including the book which Daniel just mentioned. So my plan is to talk a little bit about nationalism in general, and then to show how it shapes my approach to the question we're debating. I think it's fair to say that nationalism's had a bad press in recent years, especially in hotbeds of liberalism, such as university campuses seem to have become. There's perhaps a smidgen of sympathy for small nations who want to break away from larger ones, like the Scots and the Catalans. But generally, nationalism's linked to authoritarianism, hostility to outsiders, perhaps even to racism. To get a sense of what the word evokes, sometimes it's helpful actually to look at the Thesaurus. And so somebody who is going to be happy defending a certain kind of nationalism, as I'll explain in a moment, I was happy to see that the Roget compiler has chosen to put "nationalist" in the box headed Philanthropy, rather than in the following box headed, Misanthropy. On the other hand, in the box headed Misjudgment subsection Bias, we find "nationalistic" up alongside chauvinistic, xenophobic, illiberal, intolerant, and bigoted. And I think those are the associations that many people will have when describing a person or a party as nationalist. So now, somebody like myself who wants to defend a liberal form of nationalism is going to have to do some work to persuade you that nationalism might actually be a good thing. So let me say a bit about what liberal nationalism means and why I want to defend it. So like other nationalists, liberal nationalists believe that national identity is important, that it's valuable, that they exist. And where they do exist, people who have them should be granted the means of political self-determination normally in the form of an independent state-- though in other cases, sometimes through federal or devolved institutions within a larger unit. What's distinctive about liberal nationalists is their view about the form that these identities should take. They should be inclusive, pluralistic, and open to change from below. What does that mean more specifically? Well first, the distinctive characteristics by virtue of which people think of themselves as belonging to one nation rather than another should not be such that only one part of the relevant population can share in them. So a nation that defines itself by gender, or sexuality, or skin color, would fail that test, while a nation defining itself by language wouldn't since, potentially, everyone can learn to communicate in the national language. And then, second, the identities in question should not be monolithic, but should be sufficiently open that people can find different ways of belonging. So there can be cases of what I've called "nested nations" where people identify themselves in part with a smaller nation that lives inside the shell of a larger one. And there can also be hyphenated identities, similar to here in this country, where the first part of the hyphen refers to a person's ancestral home, the person where their forefathers came, the second indicates their current national belonging. And then third, the national identity itself can be understood as subject to an ongoing conversation conducted in many different formats and places-- what it means to be an American, or Pole, or whatever. One part of that conversation is going to be about the reevaluation of national history. There's no reason for a liberal nation to repudiate its history entirely or cease taking pride in some what it's achieved. But there will be other policies or events for which there now needs to be some acknowledgment of responsibility, perhaps the issuing of apology or paying of debt. Now, liberal nationalism, to make it clear, needn't be, and is unlikely to be, a purely civic nationalism. A civic nationalism is a term that scholars of nationalism use to describe a hypothetical society whose members are held together only by their common citizenship and a shared belief in political values, like freedom, and the rule of law and democracy. I think it's questionable whether any real society could ever fully conform to that specification. But in any case, liberal nationalists will freely admit that national identities include cultural as well as strictly political elements-- so cuisine, dance, music, literature, and so on. And they're the stronger for it. Religion, too, can play a role in national identity when it reflects the country's historical heritage. Though, that's one area in which the ongoing conversation I've talked about is going to be particularly important. Now, I think these cultural elements are particularly significant when it comes to talking about immigration policy, as we'll see shortly. But before I get to that, why is it valuable for these national identities to exist? After all, we know they've often given rise to violent conflicts both within and between states. So somebody might ask, wouldn't we be better off not to have them at all? Well, national identity, I'm going to suggest, is one response to the human need to belong and to identify with a group to whom you can turn to in times of physical need and danger. In other words, it's a response to human vulnerability. We can speculate about whether the need itself originates in the earliest forms of human social life-- hunter gatherer bands and so on. Indeed, critics of nationalism often make exactly that point, attacking nationalism as a regression to atavistic tribal instincts that have no place in a free and open society. My view, however, rather than try to eliminate something as deeply embedded in the human psyche as the need to identify with a social group, it's better to ask whether that need can't be turned to constructive rather than destructive purposes. Here then is the point at which the inclusive character of liberal nationalism comes into focus. So the aim is to develop a form of collective identity that everyone living and working together in a bounded political community can share. Now, that's an aim that's never fully achieved. There are always going to be individual people who, for one reason or another, can't embrace the national identity as it's evolved. But to the extent it can be achieved, there are then two more specific goods that it brings with it. The first is the support it provides for democratic institutions. So in societies divided along lines of class, race, or religion, there's a well-documented tendency for politics to descend into a factional struggle for power in which each faction questions the legitimacy of the other side's right to exercise authority. So for democracy to survive, is essential that people should regard each other as opponents rather than enemies-- people you disagree with, but who fundamentally you can trust not to abuse, or oppress, or exploit you. If that condition is not met, then it's going to be dangerous for those who hold power to lose elections. So then either attempt to fix the process, or if that can't happen, if they do lose, to challenge the result and cling to power. Those scenarios are all too familiar, and they aren't all confined to economically underdeveloped societies. So democracy requires that you should trust your fellow citizens, despite disagreeing with them politically. And the sharing of a common identity has long been recognized, due to many experimental studies, as a major source of trust. We trust people we think are like ourselves in certain respects. When we identify ourselves as British or American, we make that assumption of commonality. You might say something, give an illusion, but nonetheless, a necessary one if democracy is to survive. Second good that national identity can provide is support for policies that provide aid for people in need, more generally for economic redistribution in favor of the worst off in society. The most powerful argument you can make in support of those policies is that it's obscene that our compatriots should not have guaranteed access to goods like food, shelter, and health care. Again, the appeals to identity as a source of obligation. Now, it's not easy to specify exactly what kind of identity is needed to induce people to offer their political support for policies of that sort, how far common citizenship alone might be adequate. So I don't want to overstate this point. And of course, if you're a libertarian, for example, you'll be opposed to redistributive social justice in any case. So you'll be happy to see national identities evaporate if the effect of having them is to make people more willing to support redistribution. So the second argument then is liberal or social democratic in character. It applies only if you believe in social justice in the first place. So what I've claimed then so far is that national identities are intrinsically valuable because they answer to a deep-seated need of human beings to belong. And they're also instrumental valuable because of the role they play in supporting democracy on the one hand, and social justice on the other. So now it's time to turn to immigration and ask what this implies for immigration policy. Now, for reasons of time, I'm going to have to set aside two categories of immigrants who have special claims against the state they're trying to enter. The first category are refugees who are crossing a state's border in order to protect themselves against serious threats to their human rights. There are debates about how widely or narrowly that category should be defined. But once we have a definition, it's widely acknowledged that states have obligations of justice to admit the refugees who arrive at their borders. The second category I'm setting aside are those who enter for purposes of family reunification. In other words, especially the spouses and children are current citizens. Again, it's widely recognized that citizens have a right that members of their immediate family should be allowed come in and join them. Now, there's some discussion about how widely or narrowly family should be understood in that context. So setting those two categories aside, my focus is going to be on people who want to immigrate for any or all of the reasons that people typically have for moving to a new society, chance for a better job, better education, higher standard of living, cultural opportunities not available in the home society, and so on. So how, from a liberal nationalist perspective, should we regard immigration of that kind? What kind of effect is it going to have on the culture and the institutions of the receiving state? In particular, might it have a detrimental effect on national identity and thereby on the values I was suggesting are furthered by these identities? Could that be the main reason for setting limits to immigration, and also perhaps for selecting some rather than others for admission? Now, I think it's important to underline that you can only tackle those questions by thinking about immigration in a holistic way, not by considering the position of individual immigrants. Nobody could reasonably claim that admitting Mira and her family is going to have any effect on national identity. Nor would any problems arise if the immigrants were simply carbon copies of the natives, identical along all the relevant political dimensions. But when culturally and demographically different immigrants arrive in large numbers two changes will occur. First, the social composition will alter, which creates both new challenges and new opportunities for public policy. New arrivals may have different education and health needs, different work skills, and different cultural aspirations from the indigenous majority. So justice is going to demand accommodations should be made and priorities shifted. And then secondly, of course, immigrants will qualify, sooner or later, for citizen status. And so the composition of the demos, the group that, in a democratic society, is the ultimate decision maker, that will change, too. Now hypothetically, you could drop that assumption and talk about immigration on the basis that immigrants are admitted just as denizens with no rights of citizenship. But I think that would be a clear contravention of democratic principles. We have to assume immigrants become citizens in due course. So again, when they're added to the demos, this is not just a matter of adding extra bodies. The balance of political forces is likely to shift. For example, there may be a partial shift away from class-based politics towards some form of identity politics. Now, the effects of these changes will vary greatly according to the precise case. So for example, the impact of Mexican immigrants in the US is going to be very different from the impact of Syrian refugees in Germany. And recognizing that there will be an impact implies no judgment about whether the net effect is positive or negative. The point is simply that large scale immigration is a socially and politically transformative process. And so there arises the possibility of an identity conflict between the immigrants and the whole society where the members of the latter may resist the cultural and political transformation that immigration brings with it. So I said earlier that a liberal nationalism can accommodate hyphenated identities. And it might then seem as though, in the case of immigrants, the identity that they bring with them simply forms one part of that hyphen. And the new national identity is the second. But that assumes the two identities are compatible with each other, as far as their content goes. In other words, there's no contradiction between them such that they impose different practical requirements on their bearers. But I think that can't be assumed, especially in the case of immigrants whose cultural backgrounds are very different from the societal cultures of the societies that they're not joining. It's worth remembering that even the hyphenated identities that we now take for granted, like Irish-American, were originally problematic, since American identity was defined in such a way as to exclude Catholics. Now historically, the main response to these identity conflicts has been to insist that immigrants should assimilate fully. In other words, abandoning whatever cultural commitments they bring with them, identifying single-mindedly with the society they're joining. But to demand that sort of full-scale assimilation is liberal, and also, I think, very likely to fail since, try as they might, immigrants will hardly ever be able to turn themselves into cultural replicas of the native-born citizens. So if asking immigrants to assimilate to the existing national identity is unacceptable, might the solution be to abandon a unified cultural identity in favor of multiculturalism? So what advocates of multiculturalism propose is the state should form a kind of neutral arena within which different cultures can coexist on a footing with quality. As a simple matter of fact, the largest cultural group is likely to be the indigenous majority, but there's no reason on this view to give it any kind of privileged status. So that would mean that national identity would have to take the form of what I earlier called a civic nationalism, so a political identity deprived of any specific cultural content. But I think it's questionable whether such an identity could play the part that national identities have so far played in the constitution of democratic states. What holds people together creates solidarity between them, makes them willing to accept internal redistribution, is an emotional bond that comes from a sense of being different from other peoples. So multiculturalism, were it really to come about, would presumably look much the same the world over. If a society is nothing other than a cultural mosaic contained within a liberal democratic political framework, then what distinguishes one society from the next can only be its geographic location plus minor variations, perhaps, in the colors of the mosaic. In fact, no society has ever been fully multicultural in the sense I've just described. And politically, there's been a backlash against multiculturalism in almost all European societies with substantial immigrant populations. What we find in practice is that states continue to support their citizens' national identity by giving precedence to components of the national culture when making policy, while at the same time making cultural accommodations to help recently arrived immigrant groups. In other words, to put it at its simplest and using a British example, we require Shakespeare to be taught in schools as part of the national curriculum, but expect that students will be introduced to Buddhism and Islam, as well as Christianity, in their religious education class. In that way, national identities can be reproduced over time and transmitted to children of immigrant origin, while recognition is given to their inherited cultures by offering them a place in the school curriculum or in other places where cultural values are on display in the public sphere. So you might then think that, with this solution in place, cultural accommodation for minorities, but some precedence given to national culture, the immigration problem is solved. But crucially, it depends on restricting the inward flow of immigrants to the extent that's needed to maintain that cultural equilibrium. So although immigrants will naturally gravitate to places where people from the same background are already living-- and this by itself shouldn't be of concern-- there is a legitimate worry over the formation of what, in European debates, have been called parallel societies where almost all of the immigrant social contacts are with people from her own culture. In other words, essentially, immigrant ghettos are being established. For integration to work, immigrants need to be interacting with and learning from natives on a daily basis, living side by side, working in the same offices and factories, having their kids educated in the same schools. Because immigrant dispersal can't be forced, the numbers arriving do matter. There's an upper limit above which successful integration is not going to happen. Now, a natural question to ask here is whether that limit doesn't depend on who the immigrants are, what cultural background they're from. Swedes arriving in Norway are hardly likely to have problems integrating there, whereas Eritreans arriving in Germany very probably will. So then we have to face the thorny question of whether the selection of immigrants by cultural or national background is permissible. So it might seem obvious that, if states are allowed to select on these grounds, then the numbers they can take in will be higher. And we know that, in the past, states they often followed precisely that logic, quite openly adopting immigration policies designed to favor those who, because of their cultural backgrounds, are thought to be able to fit in more easily and reinforce rather than weaken the national culture. So there seems to be then a trade-off here. If you want states to be more generous in opening their borders, then you have to allow them to be more selective in who they take in. But although states, in practice, will no doubt continue to use proxy criteria whose effect is to bias their immigration policies in favor of applicants from countries they see as culturally desirable, it's worth, I think, spelling out briefly why overtly discriminatory policies are unacceptable. And here again, I'm leaving the special case of refugees aside. Although immigrants can't claim a right to be admitted-- I'll come back to that point in a moment-- they do in many cases have a strong personal interest in being allowed to enter. They have hopes and aspirations that can only be met by moving to the society they've chosen. So if their application's going to be refused, they must be given defensible reasons for the refusal. And those reasons must be encapsulated in an openly stated and consistently applied policy that tracks the characteristics of individual applicants. Now typically, those characteristics will be demonstrable, work-related skills that reflect national employment needs. But the policy of selecting people by national origin fails that test because the country you're born in doesn't correlate directly with any personal features of that kind. So even if it's true that people from country X are more likely to be low skilled or have undesired cultural traits than people from country Y, it certainly won't be true of every individual applicant. The problem here is same as the problem with other cases of profiling, namely that the policy being pursued fails to show adequate respect for each individual person by simply assuming that because she belongs to a group most of whose members have a certain cultural trait, she must also have that trait too. And also if culture's the issue and so even at the moment if we had some way of measuring the cultural attributes people bring with them, not rely simply on crude national stereotypes, there's no reason to think these cultural characteristics are permanently fixed. No reason to assume that a person can't make the kind of cultural adjustments they would need to make as a citizen of the new society. So if discriminating between immigrants on cultural grounds is inadmissible, as I've just argued, then the issue for a liberal state is how to ensure its own cultural continuity over time. And that means setting a ceiling on the number of immigrants who are admitted. But that then raises the question-- this is going to be the last topic I address-- whether potential immigrants don't have claims that are sufficiently strong to override the concerns I've been raising about identity, social trust, and the preconditions for social justice. When citizens are contemplating the choices they have to make over immigration policy, so what weight should they then give to the interests of the immigrants themselves, as opposed to the interests of their fellow citizens in maintaining or improving the degree of democracy and social justice in their society? What about other goals and values, like environmental sustainability, that might be jeopardized by mass immigration? Last year, New Zealand government announced that its aim was to reduce their immigration numbers from 70,000 to 25,000. And alongside more mundane grinds for the proposed reduction, like housing shortages, the wish to preserve that country's pristine natural environment was given as a reason. But critics might say that, however laudable these goals might be, they can't stand in the way of individual people improving their life chances, especially when they move out of relative poverty into rich countries like New Zealand. Well here, we encounter the morally difficult issue of compatriot partiality, the question whether and to what extent it's permissible for citizens to favor the interests of their compatriots when making a policy decision. Now, as a matter of fact, all governments presently operate on the basis of strong partiality for compatriots in the sense that they devote only a tiny fraction of their resources to promoting the interests of outsiders through foreign development programs and the like. But is that permissible? Well, there's deep disagreement about this question which I can't hope to resolve in a short talk. But there is at least fairly wide agreement that compatriot partiality must have its outer limits. There are things governments are not permitted to merely because it would be in the interests of their own people to do them. I've already gestured towards one limit when I've said that governments must show respect for potential immigrants by providing individually tailored reasons when the decision not to admit them is taken. Another limit set by human rights that's widely accepted in any defensible immigration policy must be human rights compliant. But then critics are going to argue that only an open borders policy can meet that condition. Well, to assess that, it's important to distinguish between the claim that immigration is itself a human right and the claim that states can't impose border controls without infringing the human rights of at least some of those who are excluded by them. Now, in relation to that second claim, it's not difficult to find cases in which states policies, either now or in the past, have violated human rights by detaining immigrants under conditions that fail to meet minimal standards of decency or by refusing entry to boats carrying migrants in circumstances where this will put their lives at risk. On the other hand, it's hard to see why these morally indefensible policies have to be pursued in order for immigration controls to be effective. That's going to depend to some extent on geographical circumstances, to some extent on the lengths to which immigrants themselves are likely to go to evade immigration rules. It's hard, I think, to say more in general terms about the feasibility of an immigration regime that's fully compliant with basic human rights. But I do want to insist there's no general human right to immigrate. I've argued this at some length in published work. Just to cut a long story short, to defend the human right to immigrate, you'd have to show that being able to cross borders and settle in a new country amounted to a human need or interest of sufficient weight to put states under a corresponding duty to admit. That, it seems to me, is implausible. So even though many of us value the opportunity to travel, experience different cultures and ways of life, to claim that it's impossible to live a decent life without having that opportunity seems far fetched. Diametrically opposed view was expressed by Jean Jaques Rousseau who, when asked who advised the Poles on how to keep their country free and reflecting on the conditions of true patriotism, remarked-- and this is Rousseau-- "When first he opens his eyes, an infant ought to see the fatherland. And up to the day of his death, he ought never to see anything else." And that's kind of extreme view, it's best to be always at home. But I think it's no less extreme than the view that you can't live a decent life without the opportunity to move between countries at will. So to sum up, I've tried in a short time to explain and defend the liberal nationalist perspective on immigration that informs what I've written about it. I've also indicated why large scale immigration is potentially problematic for a society that's held together by liberal national identity, one that makes room for cultural pluralism. I've asked whether it's legitimate to take national cultural factors into account when formulating a selective immigration policy, and I've argued that it's not. And then finally, I've raised the issue of compatriot partiality and it's limits-- in particular, whether immigration controls can in themselves be challenged on human rights grounds. So I hope I haven't come across as chauvinistic, xenophobic, liberal, intolerant, or bigoted, but that's for you to decide. [APPLAUSE] DAN J. D'AMICO: Thank you, Professor Miller. Joseph Carens is a professor of political science at the University of Toronto and fellow of the Royal Society of Canada. Most relevant to our purposes tonight, he is the author of The Ethics of Immigration, in which he examines the normative justifications for a society of totally open borders. Please join me in welcoming Professor Joseph Carens. [APPLAUSE] JOSEPH CARENS: Thanks, Dan. So let me start by saying that I do not regard David Miller as chauvinistic, xenophobic, illiberal, intolerant, or bigoted. I just think he's wrong. [LAUGHTER] And I want to thank the Political Theory Project for inviting David and me to this event. And I want to endorse what I take to be the underlying spirit of the Janus Forum, namely that one of the purposes of a university is to place different views about important topics in a serious and civil conversation with one another so that those listening to the exchange and participating in subsequent discussions can gain a critical and reflective perspective on those topics. And despite my little joke at the outset, I don't think David is wrong about everything he says. Indeed, despite my genuine praise for the structure of the Janus Forum, I think there's a danger in this sort of format that it may encourage too much focus on areas of disagreement and not enough on areas of agreement. Indeed focusing on disagreements is in some ways a structural problem in academic life, maybe especially in political philosophy. We almost always pay attention to the differences between our views and not to what our views have in common. Thus, for example, if you have followed the immigration debate-- note the term "debate"-- you probably think of David and me as fundamentally at odds in our views. Carens is a cosmopolitan idealist who favors open borders, you may say. And Miller is a liberal national realist who defends the state's right to control admissions. And that's not an entirely incorrect snapshot, but it's also misleading and an incomplete picture in some important respects. For one thing, I don't describe myself as a cosmopolitan, even though others sometimes do. And that's because the term "cosmopolitan" is often associated with the idea that particular attachments do not matter, that your connections to your family, your friends, and the communities to which you belong, including your national community, are somehow unimportant. Well, that's definitely not my own view. I think belonging matters and matters morally. Take the question of national community. At a personal level, I feel quite attached to Canada, the country to which I moved as an immigrant three decades ago. I identify with Canada and care more about how it fares in the world than I do about most other states. But I also feel attached to the United States-- Donald Trump notwithstanding-- because it's the place where I was born and raised and spent the first four decades of my life, the place where all of my family of origin still lives, and where I'm still a citizen, as well as being a citizen of Canada. So I care particularly about the fate of America as well. Sad. At an intellectual level, I feel the attraction of a social order in which most people see themselves as members of a particular political community with which they identify and which they want to help direct. I agree with David that it is morally appropriate and desirable to cultivate a sense of belonging, belonging to one's national community. And I also think it can be legitimate to favor one's fellow members, one's compatriots over others, in various ways. And then, if we turn to the specific topic of immigration, there are again lots of issues on which David and I largely agree. For example, we both think that immigrants and their children should have relatively easy and secure access to citizenship in the states where they've settled. We both think that immigrants who have settled permanently should enjoy most of the legal rights that citizens enjoy. We both think that it's wrong for a liberal democratic states to keep legally admitted immigrants in a temporary status for many years, denying them the security and rights that come with permanent residence and access to citizenship. We both think it's reasonable to expect immigrants to adapt culturally in some respects-- for example, by sending their children to schools where they will learn the language of public life, whatever their parental language is, and that it's unreasonable to expect them to adapt culturally in other ways-- for example, by changing their religion. We do sometimes differ on the details of what it's reasonable to respect with regard to some of these topics-- reasonable to expect with regard to some of these topics-- but we shouldn't let these differences obscure the wide areas of agreement. Now having offered this cautionary note about not overstating disagreements, I'll proceed to ignore that caution in the rest of my talk and highlight the ways in which my approach does differ from David's. So I'm going to focus on three topics-- irregular migrants, which is my term for immigrants who have settled without authorization, refugees, and open borders. Now, the inclusion of the first two topics may be puzzling because it might seem that if one thinks, as I indeed do, that justice requires open borders, these other questions will simply disappear. In a world of open borders, there will be no regular migrants because you don't have to get permission to go anywhere, right? And refugees, at least if there were any, would be free to settle wherever they wanted. But this way the thing about immigration is much too quick. First, as a practical matter, questions about irregular migrants and refugees are the most urgent and immediate issues that all liberal democratic states have to address in one way or another. And as a theoretical matter, it can be helpful to see what follows from fundamental premises that are widely held, even if one does not accept those premises oneself. So the idea that liberal democratic states are morally entitled to control immigration to a considerable extent is one of those widely held premises. It's the conventional view of immigration. So for the moment, let's assume that David is right and that states are morally entitled to control immigration for the sorts of reasons that he offers, but let's see what follows from that perspective for the issues of irregular migrants and refugees. Or to put it another way, let's see the way in which the issues of irregular migrants and refugees troubles that perspective. So my first question is this. From the perspective of the conventional view that liberal democratic states are largely entitled to control borders, in other words, not from an open borders perspective but from a liberal nationalist perspective like David's, what are states permitted or required to do in their treatment of immigrants who settle without authorization? Supporters of these people call them undocumented. Critics label them illegal immigrants. And I use the term irregular migrants, so as to avoid building the outcome of my argument into the terminology. But all terms have their problems. There are objections to that one too, but so that's my term for it. Anyway, the crucial questions are these. First, are states morally free to do whatever they want to such people because they have settled without authorization? And second, are states morally free to deport such migrants regardless of how long they've been present or how old they were when they arrived? My answer to these questions is a twofold no. Let's start with the question of what legal rights irregular migrants should have. At first blush, it may appear puzzling to suggest that irregular migrants should have any legal rights. I mean, they're violating the state's laws by settling and working without authorization, so why should the state be obliged to grant them any legal rights at all? But a moment's reflection makes us aware that irregular migrants are entitled to at least some legal rights. Unlike medieval regimes, modern democratic states do not make criminals into outlaws, people entirely outside the pale of the law's protection. Irregular migrants are clearly entitled to the protection of their basic human rights. The right to security of one's person and property is a good example, right? The police are supposed to protect even irregular migrants from being robbed and killed. Just the fact that you came in without authorization doesn't mean you can be shot, right? People don't forfeit their right to be secure in their persons and possessions simply in virtue of their immigration status. And the right to a fair trial, the right to emergency health care, these are other examples. But here's the problem. The fact that people are legally entitled to certain rights doesn't mean they actually are able to make use of those rights. And it's a familiar point that irregular migrants are so worried about coming to the attention of the authorities that they are often reluctant to pursue the legal protections and remedies to which they are formally entitled, even when their most basic human rights are at stake. Now that creates a serious normative problem for democratic states. It makes no moral sense to provide people with purely formal legal rights under conditions that make it impossible for people to exercise those rights effectively. So what is to be done? Well, there is actually a partial solution to this problem. States can, and they should, build a firewall between immigration law enforcement on the one hand, and the protection of basic human rights on the others. We ought to establish as a firm legal principle that no information gathered by those responsible for protecting and realizing basic human rights can be used for immigration enforcement purposes. We ought to guarantee that people will be able to pursue their basic human rights without exposing themselves to apprehension and deportation. For example, if irregular migrants are victims of a crime or witnesses to one, they should be able to go to the police, report the crime, and serve as witnesses without fear that this will increase the chances of their being apprehended and deported by immigration officials. If they need emergency health care, they should be able to seek help without worrying that the hospital will disclose their identity to those responsible for enforcing immigration laws. Now turn to the question of the right to stay. As time passes, irregular migrants acquire a moral right to stay or to have their status regularized. And the basic point is this. The longer you stay in a society, the stronger your claim to membership, even if you have settled without authorization. When people settle in a country, they form connections and attachments that generate strong moral claims over time. They become members, in just the sense that David was talking about membership. And it's the membership that gives them a moral claim, the fact that they are members of society. That's when the conditions of their admission become irrelevant. Now, I know some people will be skeptical about this. And if you are, ask me in that discussion section to tell you the story of [? Margarite Grimmond. ?] It's a true story. It's a fascinating story, but I don't have time to tell it now. So let me turn to the question of refugees. Even if we accept the conventional view about the state's right to exercise discretionary control over immigration, everyone-- well, these days, I have to say almost everyone. It's rash to assume that there's a moral consensus shared by everyone, even those who claim to be committed to liberal democratic principles. But almost everyone recognizes that refugees have a special claim. And David certainly does. He says states have obligations of justice to admit refugees who arrive at their borders. And we've come to have this view in no small part because of the way we responded, or really failed to respond, to the plight of Jewish refugees fleeing the Nazis in the 1930s. We kept most of them out. In one famous case, the United States and Canada actually turned away a boatload of Jewish refugees who had made it to North America. And in many cases, states prevented Jews from coming in the first place by denying them visas and putting other obstacles in their paths. And the reasons for refusing to admit Jewish refugees were the same sorts of reasons that you hear today for refusing admittance to refugees. We've got our own problems. It's too expensive. Some of them may be subversives. One prominent government official worried explicitly that Nazi saboteurs and spies would pretend to be refugees to get entrance to the United States. Others worried about their being communists. Well, after World War II, people in liberal democratic states, most people recognize that this exclusion of Jewish refugees had been a terrible moral failure on our part. We vowed never to let it happen again. Along with other states, we created an international refugee regime that guarantees that people cannot be returned to a place where they will be subject to persecution. But now, we are once again failing to provide refugees with the protection that they need. So David says that states have an obligation to admit refugees who arrive at our borders. And indeed, that is what the current refugee regime under the Geneva Convention requires. But rich states have undermined that refugee regime with visa controls and carrier sanctions that prevent refugees from coming to our shores. If you come from a country that generates refugees, you're going to have a very hard time getting a visa to come to Europe or North America. And without a visa, you won't be able to get on the airplane or the boat to transport you, because there are sanctions against them. Now, here's an obvious point, but it's one worth making explicitly. You cannot claim to have addressed the refugee problem if you set up a regime to protect refugees that you then prevent the refugees from accessing. And that's precisely what we've done, at least with respect to many refugees. And in addition to its inaccessibility, the current refugee regime is deeply inadequate in other ways, primarily because of the way it assigns responsibility for taking care of refugees. So ask yourself this. What do refugees need? And who should provide it? Well, at first, all they need is a safe haven, someplace where their lives won't be endangered, their basic human rights will be respected. And for these purposes, refugee camps make sense, as long as they're properly organized and supported. But it's not reasonable to expect people to spend their entire lives in a refugee camp, yet that is what we do today. Millions of refugees spend long years of their lives, sometimes their entire lifetimes, sometimes their children's lifetimes, in camps with little or no education for the children, limited or no economic opportunities for the adults, and extreme physical danger, especially for women. This is not an acceptable way to treat people in desperate need. Refugees who cannot return home within a reasonable period need a new home, somewhere where they can live a normal life. Well, who should provide refugees with what they need? Well again, it may be reasonable to expect neighboring states to provide initial safe haven, at least as long as those states don't have to bear the financial costs of doing so. You know, refugees flee to the neighboring states. That's what they do. That's going to happen. And so then it makes sense to set up the camps there. But there's no reason to expect the neighboring states to provide refugees with a new home, if that's what they need. That's a responsibility that ought to be shared by all states. And that's where we're failing today. Turkey has taken in millions of refugees. Lebanon, a country of only a few million, has taken in a million, almost a quarter of its population. Jordan has taken in millions. These states are not responsible for the fact that the people became refugees in the first place. And it's simply not reasonable to expect them to be the only ones to provide refugees with the new homes that they need. Now, we have failed terribly to meet this responsibility. Now sometimes, people say, well, taking in large numbers of refugees is just too much to ask of us. But several states, including the United States and Canada, did much better after the war in Vietnam when we took in large numbers of refugees. And Germany took in a million recently. There are different ways to think about the responsibility for resettling refugees and how that should be shared. Obviously, for example, size of the existing population is one important consideration. And there are many others, but whatever would be a fair way of sharing that responsibility. It's just not plausible to claim that most rich states today are doing their fair share in this regard, including the United States, clearly. And the question that we ought to be asking ourselves, but almost never do, is what do we imagine will happen to these people if we do not take them in? Why do we think it is acceptable to foist the responsibility off onto the neighboring states and, in addition, to shut our eyes to the limit of life that so many people will face because we refuse to take them? OK. So far, I've been arguing within the limitations of the conventional view of a view like David's and trying to show that, even when states are normally entitled to control immigration, we face important moral demands that we are failing to meet. But now, let me turn to the controversial part of my talk-- the direct challenge to the conventional view of, a case for open borders. Borders have guards, and the guards have guns. Now, that's an obvious fact of political life, but it's one that's easily hidden from view, at least from the view of those of us who are citizens of affluent democracies. If we see the guards at all, we find them reassuring. We think of them as there to protect us, rather than to keep us out. To Africans and Afghans in small leaky vessels seeking to avoid patrol boats while they cross the water to southern Europe or to Australia, to Mexicans and others from Central and South America willing to risk death from heat and exposure in the Arizona desert in order to evade the fences and border patrols, to them, it's quite different. To these people, the borders, the guards, the guns, are all too apparent, their goal of exclusion, all too real. But what justifies the use of force against such people? I mean, borders and guards can be justified as a way of keeping out terrorists, and armed invaders, and criminals. But most of those trying to get in are not like that. They're ordinary, peaceful people, seeking only the opportunity to build decent secure lives for themselves and for their families. On what moral grounds can we deny entry to these sorts of people? What gives anyone the right to point guns at them? Well, to many people, the answer to this question will seem obvious. Every state has the legal and moral right to exercise control over admissions in pursuit of its own national interest and the common good of the members of its community, even if that means denying entry to peaceful, needy foreigners. States may choose to be generous in admitting immigrants. But in most cases, at least, they're under no moral obligation to do so. And I think that's essentially David's position, as I understand it, leaving aside the refugees and so on, which he caveats for and family reunification. But I want to challenge that view. I want to argue that, in principle, borders should generally be open. And people should normally be free to leave their country of origin and settle wherever they choose. A critique of exclusion has particular force with respect to restrictions on movement from poor states to rich ones in Europe and North America, but it applies more generally. Here's the key. In many ways, citizenship in Western democracies is the modern equivalent of feudal class privilege. It's an inherited status that greatly enhances one's life chances. To be born a citizen of a rich state in Europe or North America is like being born into the nobility in the Middle Ages, even if many of us are part of the lesser nobility. To be born a citizen of a poor country in Asia or Africa is like being born into the peasantry, even if there are few rich peasants, and some peasants manage to gain entry to the nobility. Like feudal birthright privileges, contemporary social arrangements not only grant great advantages on the basis of birth, but they entrench these advantages by legally restricting mobility, making it extremely difficult for people born into a socially disadvantaged position to overcome that disadvantage, no matter how talented they are or how hard they work. And like feudal practices, these contemporary social arrangements are hard to justify when you think about them closely. Reformers in the late Middle Ages objected to the way that feudalism restricted freedom, including the freedom of individuals to move from one place to another in search of a better life, a constraint that was crucial to the maintenance of the feudal system. You know, you belong to that noble. You can't move to somebody else's land just because you think there's a better opportunity there. You were constrained. And modern practices of state control over borders tie people to the land of their birth almost as effectively. Limiting entry to rich democratic states is a crucial mechanism for protecting a birthright privilege. And if the feudal practice of protecting birthright privileges was wrong, what justifies the modern ones? There are millions of people in poor states today who long for the freedom and economic opportunity they could find in Europe or North America. Many of them take great risk to come. And if the borders were open, millions more would move. The exclusion of so many poor and desperate people seems hard to justify from a perspective that takes seriously the claim of all individuals to be regarded as free and equal moral persons. Now, some will object that open borders would be contrary to our interests. And perhaps they're right. But if we want to act ethically, we have to give reasons for our institutions and practices. And those reasons must take a certain form. It's never enough to justify a set of social arrangements governing human beings to say, well, these arrangements are good for us, without regard for others, whoever the us may be. We have to appeal to principles and arguments that take everyone's interest into account or that explain why the social arrangements are reasonable and fair to everyone who is subject to them. I don't know how many of you read The New Yorker. They once had a cartoon that seems appropriate to mention here. It shows two kings talking to one another. First one says to the second, well, monarchy may not be the best form of government, in principle, but it has always seemed the best form of government for me. I'm afraid that those of us who live in rich states today are a lot like that king. The way the world is organized may be hard to justify, but it's good for us. Now, I have no illusions about the likelihood of rich states actually opening their borders. The primary motivation for my open borders argument is my sense that it's of vital importance to gain a critical perspective on the ways in which our collective choices are constrained, even when we can't do anything to alter those constraints. Social institutions and practices may be deeply unjust, and yet so firmly established that, for all practical purposes, they have to be taken as a background given in deciding how to act in the world at a particular moment in time. For example, feudalism and slavery were unjust social arrangements that were deeply entrenched in places in the past. In those contexts, for long periods of time, there was no hope of transcending them in a foreseeable future. But criticism was still appropriate. So even if we have to take such arrangements as given for the purposes of immediate action-- so if you're dealing with the South in the 1830s, maybe it's important to think about how can you improve the condition of slaves, rather than focusing on abolition. But you shouldn't forget about the fundamental injustice of slavery. Otherwise, we wind up legitimating what should only be endured. Of course, most people in the democratic states think the institutions they inhabit, that we inhabit, have nothing in common with feudalism and slavery from a normative perspective. The social arrangements of democratic states they suppose are just-- well, nearly so. But it's precisely that complacency that the open borders argument is intended to undermine, for I imagine, or at least I hope, that in a century or two people will look back upon our world with bafflement or shock. And just as we wonder about the moral blindness of feudal aristocrats and Southern slave owners, future generations may ask themselves how Democrats today could have possibly failed to see the deep injustices of a world so starkly divided between haves and have-nots, why we felt so complacent about this division, so unwilling to do what we could to change it. The argument for open borders provides one way of bringing this deep injustice of the modern world into view. And it's only a partial perspective, to be sure. Because even if borders were open, that would not address all the underlying injustices that make people want to move. But it's a useful perspective because our responsibility for keeping people from immigrating is clear and direct, whereas our responsibility for poverty and oppression elsewhere often is not as obvious, at least not to many people. But we do have to use overt force to prevent people from moving. We need borders with barriers and guards with guns to keep out people whose only goal is to work hard to build a decent life for themselves and their children. And that is something that we could change. At the least, we could let many more people in. And our refusal to do so is a choice that we make and one that keeps many of them from having a chance at a descent life. Thank you. [APPLAUSE] DANIEL J. D'AMICO: We have two microphones set up to field questions and answers from the audience. Please feel free. Go ahead, Daniel. DANIEL: Hi. Thank you, so much, for the talk. This is sort of a two-part question. It's for both of you. So Professor Miller, you talk a lot about culture and preserving it. And that is valuable to a sovereign nation. Could you please expand on what you mean by culture and why it is valuable to preserve it? And then the second part would be like asking a response from Professor Carens and if you agree with that, basically. DAVID MILLER: Is this OK? DANIEL J. D'AMICO: Mm-hm. DAVID MILLER: Yeah OK. Right. Define culture, that's one of those kind of real challenge questions. So I think what I was suggesting in my talk and what I think is that the importance of culture in this discussion is not so much about the intrinsic values of culture as a form of human experience. I mean, I think we could have a long discussion about why human beings need cultures and what part they play in human life. I was referring to it here as an individuating property. So we ask the question, what makes a people? What makes Americans American, distinct from Canadians, or French, and so forth? Going to be a number of things. But among them is going to be things that are distinctively American-- beliefs, ways of life, practices, customs, verbal mannerisms, whatever it might be. And the importance, as I was suggesting here in this debate is that, by virtue of these cultural differences, we come to think of those around us as sharing things with us. And this seems, to me, is a very valuable mechanism in societies that in other respects are highly diverse economically, racially, and so on and so forth. So that's really the instrumental argument that I was making for the importance of culture. But I think I haven't really-- I've not done a very good job in answering the first part of the question, which is actually what exactly culture is. It's a very amorphous thing. JOSEPH CARENS: So this is one of these areas where I don't think David and I-- is this working? Can you hear this? DANIEL J. D'AMICO: Yeah, just stay close to it. JOSEPH CARENS: Right. So I don't think David and I actually have-- again we have disagreements about particulars, but not about the general principle here. So I've written elsewhere about multiculturalism, and I'm in-- multiculturalism is not just about people perpetuating the traditions that they have brought with them from their country of origin or from their families, right? So what I find in thinking about these topics, it's always helpful to have concrete examples in mind. So that's why I cited in my talk, right? Many states have different languages, right? So is it reasonable to expect immigrants to have their children-- so should immigrants learn the language of the country that they move to? Well, they don't have to, but you know, it's not reasonable for them to expect other people learn their language either. So if you want to successfully negotiate, you'd better adjust. But it is reasonable, I think, to expect them to send their kids to schools where they will learn those. They can speak whatever they want at home, but they should learn-- because they can't function in the society effectively. The children cannot have a positive future in the society unless they learn the language. So if you start to go through, piece by piece, particular issues about culture, when oftentimes things that are debated under the heading of culture are really debates about the extent of religious freedom and what it's reasonable to constrain. So I think it's easier to get a good answer to these questions by thinking about concrete contested cases. Where are questions of culture actually contested? And what is the contestation about? As opposed to-- it's my general approach to political theory, actually. Start from the ground up, don't start from the abstract principle down. DANIEL J. D'AMICO: Brian, you were next. BRIAN: Thanks, Dan. I wanted to attack an area of agreement that you had. So I hope you'll consider it a challenge to both of you. The view, which I really do believe you share, that immigrating or traveling into and spending time in another society should imply some regularization or membership in the society. Perhaps not identical to, but akin to citizenship, or with what appears is euphemistically understood as a pathway to citizenship. Conversely, Lant Pritchett, I think, has argued forcefully that that amounts to moral proximity, to moral perfection by proximity, that people who make it here, we have to spend a lot of concern about. And anybody who doesn't can stay where they are, whether that be a hellhole, or whatever it may be. And not that, through the point of refugees or looking at the broader world community, there's not a duty, but that duty isn't seen as a duty that corresponds to the moral duty to treat immigrants well. And he believes, I think, that actually, the circumstance of the country from which people immigrate and the acceptability under liberal democratic principles, if that assumption were not inherent in immigration that a person comes to be a member of the society, would maintain ties and improve development in the country from which they come. And I think that's a broad challenge, in other words, to which moral goal is higher-- to raise all people, or to race the people that come to your country. Which is almost like that question about national identity. DANIEL J. D'AMICO: Thank you. DAVID MILLER: OK. So there were a number of issues, I think, raised in your question. The starting point-- I think, to begin with, you were challenging the shared assumption that everyone who comes as an immigrant and who stays for a period of time should be entitled to apply for citizenship. Is that right? That was the starting. BRIAN: Approximately, yes. DAVID MILLER: Yeah. So well, we know that, in the past, this has not been the case. And there have been societies-- for example, Germany for a large part of the 20th century, admitted guest workers who were unable to come and have permanent residence, but were never entitled until the very end of a century to apply for citizenship. And if you do that, then what you're creating is effectively a two-status society. And it seems to me that this is simply incompatible with liberal principles of freedom and equality. In other words, in a democracy, we assume that, at the most basic level, everybody who's a permanent part of the society has equal standing. And so it's just not-- you know, the ancient Athenians had the slaves and so forth. We just don't accept that as a kind of part of a democracy. It's part of the basic fundamental principles of our system. And so we then effectively have to choose. We have to either limit migration to short periods-- and I don't know whether Joseph Carens wants to talk a bit about what he thinks about temporary migrations. I think there is room for people to come on a short-term basis, without expectations of citizenship. But I think as soon as the period that they come for goes beyond about, let's say, five years, then they must be put on the road to citizenship for the reason I gave. But I think you had other questions as well, but let me stop there. And perhaps Joe wants to add to that. JOSEPH CARENS: Sure. DAVID MILLER: Yeah. JOSEPH CARENS: So I agree with everything that David said. And the reference to temporary migrants is not irrelevant because, if I recall-- I've read some of Lant Pritchett's stuff. So he's one of those people who thinks that opening borders will enhance economic opportunity. He also wants to have-- so the idea that people move to a state but retain ties with their state of origin is something I fully embrace. As I said, I'm an American as well as a Canadian, even though I live in Canada and have lived there for the past 30-some years. So the idea that people can have multiple connections and connections to more than one state I fully embrace, but having connections to more than one state is not the same as having comparable connections to every state. So you can belong in-- you know, some people find that problematic. But you know, you can love your mother. You love your father. It's not loving everybody in the world in the same way. So part of this issue is this particular connections and why they matter. The second thing that lurks in the background of Pritchett's critique, which is the part that I'm sympathetic to, is we've set up a world in which, as I say, some states are very rich. A few states are very rich, and a lot of states are very poor. And most people's lives are very limited because of that. So it's that background structure. So I think David may be a little more resistant. Either he doesn't agree with my assessment of that, or he doesn't want to engage in that discussion. But that's where I think we have an obligation at the level of principle to figure out how to create a just world. And a just world would be one in which there wouldn't be vastly different circumstances of birth among societies. There may be separate societies, but the circumstances won't be so different between them. And we could do that, as human beings. I'm not saying we could do that as a matter of policy tomorrow. I'm not saying there's some obvious political possibility, but it's something that we could do. And we should think about it. And we should think about how to move in that direction. DANIEL J. D'AMICO: Thank you. AUDIENCE: Thank you both for your comments today. So this question is for Professor Miller, because I had this curious experience during this talk where I completely agreed with everything you said the whole way through. But then after Professor Carens spoke, I completely changed my mind. [LAUGHTER] JOSEPH CARENS: Well, that's what this forum is for, right? [LAUGHTER] AUDIENCE: And so I wanted to press specifically on where you think the feudalism analogy goes astray. And more particularly I want to ask, first, a clarifying question about your view. Do you agree with Professor Carens that, in an ethically ideal sense, open borders would be ethically preferred? Or do you think even in an ideal world, your argument about the intrinsic value of some political culture or something like that will show that there's still some kind of residual rights to control borders. DAVID MILLER: Right. Thanks very much for your question. So the reason I think that the feudalism analogy, tempting though it is, is misleading is that, in feudalism, the advantaged position of the nobles depends upon the disadvantaged position of the serfs, the vassals and the serfs. The whole system is a rigid system, which the nobles can only enjoy that wealth so long as there are serfs to support them. But although inequalities are huge in the world today, it's not the case that rich societies in that same sense can only be rich because there are other societies that are poor. I think, to make that argument, you'd have to have a very strange theory of global economy. So there's no reason why the U.S. Can't be rich and China can't be rich. That clearly going to happen, and that's going to be a good thing. So the question then is how to move in the direction that we will all applaud, in which no society falls below a poverty line that we can recognize. I mean, we have good markers of when that would be. What's the best way to move towards that? And then the question is, what role should migration play in that process? And here, then, we enter a very difficult set of questions about the relative advantage in terms of economic development of people leaving societies and moving to rich societies, versus staying where they are and developing those societies. So should we, for example, be spending much more resource on educating people to stay in countries where they can provide vital skills, computer skills, engineering skills, medical skills, and so forth? In other words, it's often about the comparative advantages and disadvantages of brain drain versus remittances and so on and so forth. So we need it we need a story about the best kind of system that would encourage development of poor societies. But the basic point is there is no rigidity in the system in the way that there is under feudalism. We can be rich, and other societies can be rich too. AUDIENCE: Could I get a quick follow-up? DAVID MILLER: Yep. JOSEPH CARENS: Sure. AUDIENCE: Suppose a person thought that the moral force of this feudalism analogy derived more from the kind of moral luck or arbitrariness in the way the advantage has been allocated and less from the fact that there's a necessary relationship between some people doing better and other people doing worse. You can imagine a society where, say, we give tall people more money than everybody else. And there's no necessity to some people being short. Everybody could have the same height, and yet it still seems wrong for some reason. Do you think, in that case, there's something to the feudalism analogy, or no? DAVID MILLER: Well, I think the-- so the issue-- so you could recast the feudalism analogy as an argument about moral [? opportunists. ?] And there are some people who do that. But I think it becomes less persuasive. In other words, there's an assumption that it's deeply problematic that some people are just born in a place where, by some metric, their life chances are lower than people in some other place. And I just don't see it. I just don't see it. There's a real problem if people are born into poverty. There's a real problem if people are born into social relations of injustice with other people in their society. But the mere fact that a child born, let's say, in Portugal has lower statistical life chances in terms, let's say, of income than a child born in Norway may be quite considerably smaller. I don't think that that is a problem of moral significance. People just have different intuitions about that. So I can just state that. But that's my view. AUDIENCE: Thank you. JOSEPH CARENS: Can I just jump in on that for a second? DANIEL J. D'AMICO: Sure. JOSEPH CARENS: So one of the interesting things about Norway and Portugal is that they're both part of the European Union and had open borders-- have open borders. You can move from Portugal to Norway if you want. DAVID MILLER: Norway isn't. JOSEPH CARENS: Well, but-- OK, Norway-- Sweden? DAVID MILLER: [LAUGHS] JOSEPH CARENS: OK. [LAUGHTER] DAVID MILLER: We need countries outside the EU to ally with, Joe. JOSEPH CARENS: Right So here's the point. Why do people want to move? So David has implicitly in the back of his mind an unspecified, I think, vision of what a just world would be and how it would be organized. It's going to have states that are going to be kind of these national things and so on. So it seems to me that it's worthwhile just reflecting upon. OK, who is that vision going to be persuasive to, if we were just starting from scratch and creating? So the fact that you have a possibility that some states-- not all states can be rich. That doesn't answer the question of whether or not you want to set up a system in which you permit these kinds of inequalities. And there has to be an argument for why you want to permit the inequalities or why you wouldn't want to permit those inequalities and over time. And one of the things that I think it's worth paying attention to is that the actual concrete-- people think, open borders-- that's impossible. Culture, how could you protect it? So the European Union-- remember, these are countries that fought wars with each other for hundreds of years, right? And they have profoundly different cultures. You have people who, oh, it's all European culture, but that isn't how they saw it for a long time. And they have managed-- you know, lately, they've had some bumps in the road, clearly, around that. But they managed for many years to have open borders. And the heart of that is the economic differences between the states were not so great. So the difference between Portugal and Sweden are comparable to the difference between Portugal Norway. But at a certain point, you know, you speak Portuguese, you grow up [INAUDIBLE] family. You're going to move to Sweden just because you can make a little more money? Some will, but not that many. So if you create-- it doesn't-- so I'm not for flat equality. I'm saying the inequalities between states, if we're imagining it's better to have a world divided in that way, which I think is plausible, they have to be limited. And if they're limited, the whole problem of open borders is involving vast migration will disappear. DANIEL J. D'AMICO: You've been waiting patiently. AUDIENCE: Yes. Hello? Is this working? DANIEL J. D'AMICO: Yes. AUDIENCE: I have a question to Professor Carens. The first one is, in your argument, you kind of assume that countries, that some countries, are poor and some countries are rich. And this is like a static point. And this might not change. And then, my second question kind of goes into this. Imagine you have open borders. And imagine richer countries open up their borders. How do you deal with the injustices that kind of come after that? Imagine you have some people who are able to migrate to those countries, but those are not going to be the very, very poorest people in these countries. And then, by migrating to those rich countries, this has a secondary effect, a negative secondary effect, to the people who kind of need to stay. Yeah. How do you address this? And how would you help? Or how would you work with these injustices that you impose on the very, very poor within those poor countries? JOSEPH CARENS: So there are people, like Lant Pritchett, who we've referred to earlier, who actually make an open borders argument as a policy proposal, which they think might have some purchase among certain people. And that's not actually my own inclination. So as I tried to make clear, I think of the open borders argument as bringing into view in this question. Why is it that people would want to move from their home state? Only because things are bad where they are, and things look much better somewhere else. So the real solution, it seems to me, is to make things good, not just decent. Dave and I differ on this. He wants a threshold. I want not absolute, but relative equality-- things to be very good everywhere. And so then, how we get there from here, that's this question of transition. And whether the best thing is to open borders? I'm not convinced of that. But here's what I'm worried about. Sometimes people say-- you know, the argument you make has some plausibility. I mean, it's a complicated empirical question about what are the consequences of movement. But somebody will make the case, this movement is bad. You've got the brain drain problem and so on. And I certainly think that is a persuasive case in some context. But then you say, OK, so then, well, we'll do something else to change the circumstances. And say, oh, that doesn't work. You know, aid doesn't work, development strategy. So it's sort of like, oh, too bad. Yeah, that would be nice, but you can't get there from here. So I want to resist that because we do decide who gets in. And it's just not plausible to imagine that we're keeping people out in order to make things better for the people at home. We're not doing that. And I don't want to let that be-- I'm not suggesting you were saying that, but I want to resist that there can be a kind of overlooking of the ways in which we are protecting our own privileges with this immigration regime. And if we're not interested in protecting our own privileges, there will be opportunities to change the-- and I'm not saying the top priority should be more migration, if we are indeed committed to some other method of transformation. That's fine. AUDIENCE: Thank you. DANIEL J. D'AMICO: John? JOHN: My question is for Joe, but I'd be interested to hear what both of you think about it. So Joe, I'm just kind of wondering how deep the principle of open borders is, given your wider conception of social justice? Because I share with you a strong commitment to the ideals of free migration that you were describing, that you were sketching, but I think you have different views about what justice is. And I think David and I do, as well. But I just want to know where in your idea of an ideal society, ideal world, how strong that principle of free migration might be. And in David's case, I gather he would say, in 100 years from, or 200, lucky, lucky, 100 lucky years from now. [INAUDIBLE] a conception-- a more just world on David's understanding. We'd have a variety of nation states, each of which had prosperity and social justice, institutions of the welfare state, for example, or [INAUDIBLE] democracy. And in that ideal world, for you David, I gather the reasons that you provided [INAUDIBLE] suggest there could be some limitations on immigration that would still apply, provided the societies were all just. But I wonder, for you Joe, if you could just say something to us about that. In your world, I thought you would say that free migration would happen, would be a basic human right and a fundamental principle of justice. Is that what you would say? And can you just describe what the ideal world world looks like? JOSEPH CARENS: Yeah. So I'm actually not an absolutist about almost anything. And so I can certainly imagine contexts in which there would be reasons why people want to restrict a certain set of circumstances that lead to large numbers of people coming into a community. So taken very concretely, I think it's reasonable for indigenous communities to want to maintain control over who settles on their land. These are vulnerable, impoverished communities. And so that's a concrete practical issue here and now. And I guess you can imagine, even in my ideal world, that there could be circumstances under which some small group shared a culture. See? Like David, I think culture and identity matters. And for some reason, contingent reason, lots of people are trying to get in. I don't think it's very likely, but lots of people were trying to get in for relatively unimportant reasons. So I'd be-- you know, again, it depends on the concrete specificity of the-- so I guess here's another way to put it. I think that migration is a human right, but human rights are about protecting fundamental interests. And it often is the case that even fundamental human rights or the fundamental interests that are being protected by basic human rights can come into conflict. And there can be circumstances in which you have to make trade-offs, or you have exceptions. There are very few absolutes. JOHN: But now I'm struggling to understand the moral units that you're working with. In the case of the indigenous community, let's imagine now it's a situation of justice. So they're not deeply impoverished with respect to the rest of the world. Let's say it's a prosperous, but deeply cohesive indigenous community. Is your position then that, if one of these indigenous members wanted to sell property to a non-member and, say, give a job to a non-member, that you would oppose that person's right to make that sale and to hire that person? JOSEPH CARENS: So I am not an absolutist about property rights, as you can imagine. And that's one of the places where we will disagree on. I can certainly imagine contexts in which it would make sense for an indigenous community, even a prosperous one, to try to maintain a particular culture which they think would be threatened. So look. You can use this in the language of economics. There's a collective action problem. If people are making individual choices, what are the collective effects of people who are not indigenous moving into indigenous communities where you've got a very thick and important kind of culture that you're trying to maintain? So yes, I would be willing to limit certain kinds of economic rights for the sake of that wider collective good. We could have a dispute about whether that's genuinely a collective good. I think I'm kind of with David there in thinking that shared identity, shared culture can be, in some context, an important collective good. Again, you have to ask-- so people sometimes want to make arguments about this in terms of abstract principles. I think it's helpful to think about why are you imagining that people are going to be wanting to move onto this and into this indigenous community? They get decent chances for jobs-- why is the Portuguese person going to move to Norway? So I don't think indigenous communities should be entirely exclusive, but the idea that you want to have most of the people in the indigenous community-- because often, indigenous people fall in love with somebody who's not indigenous. They ought to be able to bring their spouses in and so on. But that's more important than getting a job or selling a piece of property, to me, is that personal relationship. And you're not going to get a huge movement if you have a background of relative equality. That's the heart of it. JOHN: Thank you. DANIEL J. D'AMICO: Oliver, were you trying to ask a question? OLIVER: Yeah, I wanted to ask a question. So Professor Carens, you mentioned the idea, especially with language, that there might be sort of passive costs imposed on irregular migrants who, because the way the labor marketplace is structured, naturally have an incentive to learn English. So I guess my question is, how much scope is there for these costs imposed on irregular migrants that sort of encourage them to go here into the national identity without actually being actively imposed by the state, whether that's learning the language, or sort of more active marketplace discrimination? JOSEPH CARENS: So I was making a claim not just about irregular migrants, but all migrants have an incentive to learn the language of the community to which they have moved. That incentive is stronger for some than for others. You know, in Canada in the United States there have often been traditions of migrants moving and then settling in places where most of their neighbors speak the same language. They've got stores that sell the food that they're familiar with and so on. But you can only go so far in the wider society if you're living in that kind of enclosed community. And for the children, it's important that they have the capacity. They might decide to stay in that community. That's fine, but they have got to have the capacity to move out into the wider society. So that's what I'm saying is that it's all right-- it's reasonable for a political community to make a judgment about what is good for those who are living within it. In this case, in terms of the education of the children, to require them to learn the dominant language. They shouldn't prohibit the kids from speaking the parents' language at home, or in the school yard, or anyplace else, but they should make sure that they have facility in the dominant language. OLIVER: I guess I wanted to push you a little further. It seems like, in the late 1800s, there was a fairly open immigration policy, relatively open borders. But there was far more discrimination within society. Discrimination went beyond purely lingual discrimination, right? So I'm curious, is there any moral limit to where there's no government imposed program, but you're still having a significant amount of passive costs imposed on these immigrants? If that makes sense. JOSEPH CARENS: I guess I'm not understanding precisely what you have in mind. Maybe again, if you could give a concrete example. So I think it's perfectly appropriate for the state to forbid racial and religious discrimination and to adopt a variety of laws and social norms, not just laws, but social norms. So the kids get taught in school that we don't discriminate here on the basis of race, or religion, or gender, or sexuality. So that's a perfectly appropriate thing as an object of public policy, including public policy around norms. We could debate about the particulars. OLIVER: All right. DAVID MILLER: Could I come in on this? So I think language is a pretty easy one to defend. How far would you go in insisting that education more generally should have a national cultural component? So for example, in terms of teaching of national history and teaching of-- I mean, the Shakespeare case, as it were, the case of-- JOSEPH CARENS: [INAUDIBLE] teaching Shakespeare? DAVID MILLER: Well, that's because it's good literature, right? Not because it's-- I mean, who's the-- JOSEPH CARENS: If you're in France, you should teach Racine. DAVID MILLER: Right. JOSEPH CARENS: I have no problem with the idea that there are important elements of cultural heritage. But again, I don't know anybody who objects to that. I mean, there are people who object to Shakespeare. You know, hey, hey, Western culture [INAUDIBLE].. DAVID MILLER: So let me press you a little more. Do you think, for example, that religious minorities should be entitled to withdraw their children from public schools and have them educated in private schools in the religious culture that they come from? JOSEPH CARENS: So again, that illustrates the point that I was trying to make, is that debates about culture often turn out to be debates about religion and about the degree of religious freedom. That is appropriate to allow. And there's a whole question there about the extent-- so to answer your question, you'd have to have some specification about the extent to which you think private schools of any sort should be allowed and for what reasons. And then we could think about whether or not these religious schools would fit within that reason. But I do think it is reasonable, on the one hand, if it would be unreasonable to require either the students or the teachers to abjure, or to stop carrying on their religious dress, if they are required as a matter of religious conscience to dress in a certain way. You can't require them not to, you know, as a condition of public education. So a lot depends on the specifics and the content. DANIEL J. D'AMICO: Thank you. Dr. [INAUDIBLE]. AUDIENCE: My question is for Professor Miller. So I was interested in the two cases that you set aside at the beginning, the case of refugees, and the case of chain migration, specifically, given the focus on national identity. So one of the major very recent issues in U.S. Immigration debate is this issue of chain migration threatening this idea of national identity that we've constructed. So I'm interested in why you set those cases aside? If there's a norm of justice that maybe triggers a rights claim for those sorts of migrants that it doesn't in other cases? Just to hear you speak on those two cases. DAVID MILLER: Yeah. Well, I mean, I set them aside because I said, I think, at the outset, or at least some point in the talk, that I thought that the pursuit of these national values and the reproduction of the political community has to be carried on within certain moral limits. And I thought that-- well, the two cases are a bit different. Because in the case of refugees, I think what you're responding to is an external human rights claim on the part of the refugee. In the case of family reunification, what you're responding to is a claim on the part of an existing citizen to the right to family life which, again, is a human right. But in that case, it's actually-- I don't think the right belongs to the person coming in, it belongs to the person who's already a citizen. So partly because I hadn't, to be frank, thought about it in any depth, I'm not sure where I stand on the question of is it we're extending the family beyond the spouse and the children. Because presumably-- so I mean, chain migration, actually, I'm not familiar with what that means in this context, but it typically means bringing in wider family members-- cousins, uncles, aunts, grandparents, that kind of thing. AUDIENCE: That's my understanding, yeah. DAVID MILLER: And therefore, indefinitely extending, because they can also bring then in the-- yeah. Well, I think, one thing I would say, I think this is a right of citizens. So I would restrict it to people who already have citizenship. That would be one limit. Nothing-- huh? JOSEPH CARENS: [INAUDIBLE] permanent residence status. DAVID MILLER: Now, you're asking-- yeah-- the details. Yeah. I guess, probably, permanent residence would get that right, too. Yeah. [INAUDIBLE] come back. So maybe I've not got the subtlety of the question. AUDIENCE: Should we let him go? DANIEL J. D'AMICO: Alan? AUDIENCE: I'll as you after. ALAN: First of all, thank you for your talk. This question is primarily for Professor Miller, but I mean, if you can answer-- so your argument for immigration seems to-- or restricting immigration-- seems to largely hinge on a preservation of a cultural stability. And I guess I want to challenge the correlation between borders and cultural identity, national identity. So although some borders do exist along cultural lines, a lot of them have been kind of arbitrarily drawn due to different historical circumstance or power play, et cetera. And in fact, you can see in large parts of the world borders cut across ethnicities, or shared ethnic groups, or shared cultural groups where, in that case, it doesn't seem as if the border-- or it seems as if the border artificially divides a culture. So you could easily imagine if historical circumstances were slightly different. You know, Vermont could have been part of Canada, or Texas part of Mexico. So do you think that the arbitrariness of these political borders kind of undermines this argument of preservation of a cultural stability. DAVID MILLER: No, not at all. I mean the mere fact of historical arbitrariness is irrelevant. I mean, the question is, has a political community now been formed which can operate in a democratic manner and is a [INAUDIBLE] values? So the fact history could have been different is neither here nor there. What is at issue are cases in which the actual place the border is drawn doesn't correspond to existing cultural divisions. And then we have problems, because although in some cases-- so I think I said at one point, I mean, I'm not a kind of simple sovereignist, as some people are. I think that, often, political power needs to be divided up in a way that respects the different identities of different groups within the societies. That's why I'm strongly in favor, for example, of evolved arrangements in countries like the UK, and Spain, and so forth. But in other cases, it's actually very hard to find a way of redrawing boundaries that doesn't actually simply reproduce the cultural divisions that were already existing, but in a slightly different place. And so then, of course-- I mean, if you look at the historical process, what you actually see is active nation building, often of a rather brutal and coercive kind. And we're, to some extent, the inheritors of processes that, looked at now through liberal eyes, don't look very savory. We should acknowledge that. We should acknowledge the democracies we now have were often built in ways that we would now find problematic. So we don't have available to us, if we're to keep to liberal norms, the capacity to actually create fully homogeneous groups any longer. So then, I think, there will be these problematic cases. I mean, I once wrote a paper not very long ago in which I tried to apply liberal nationalist ideas to the case of Kashmir, which is a nightmare. It's a nightmare. I mean, there is no-- nobody one has a good solution to what happened to Kashmir. But you can at least see what kind of political arrangement might be appropriate in that sort of case. It's not going to be a neat one, nor is it going to be unproblematic. So the answer is, I think, the kind of position that I'm taking has to be somewhat flexible in these cases in which cultural boundaries, ethnic boundaries, and so on, don't line up with borders. But I don't think it defeats the principle, it just makes it more complicated to apply. DANIEL J. D'AMICO: Thank you. David? DAVID: Yeah, thanks. First, let me say thanks for the papers and the exchange. And it's really terrific to have you both here. And this has been really great. My question is prompted mainly by David Miller's view. The question is going to lead in the direction of thinking maybe this really tough question of what is cultural identity, or what is national culture, a little bit more pressing on your view. First, sort of clarifying, see if I have your view right. I take it on your view that the point is not the cultural identity or national culture needs to remain static and that some kinds of immigration are going to upset that. That's not the argument, it's that there needs to be one. And it's OK if it changes, and it inevitably does change. So what needs to happen then your argument is there needs to be some kind of identity what it is to be British. It's not that it needs to stay the same. OK. So if that's what it is, then it looks like it's hard to judge what kinds of migration might bring about the following situation. There's no longer any such thing as what it is to be British. That's the bar that you're setting it at now. And critics might say, there's going to be one. It's going to change. It may involve how we deal with certain divisions and conflicts. I'm not sure. But now the question is, what would it mean-- and I'm not saying there's no good answer-- what would it mean for migration to cause the situation such that it's destroyed the fact that there's any such thing as what it is to be British. That's a fairly high bar, isn't it? DAVID MILLER: Right. Two things are happening. One is that-- I mean, there's an interest in continuity and also in organic development. So there's one thing a national identity does is connect us here and now to things that happened, often, some time in the past so that when we have one, we see ourselves as involved in a long historical process where some of the things that happened then we now approve of and celebrate. Other things, we turn our backs on and criticize. But it's an organic development which we want to be in control of as we move forward. So when immigrants arrive and bring new challenges, we won't have to respond to them. But we also want to include them in a continuing organic process of development. So that's the challenge. So what we don't want is just to be a kind of container for a disaggregated mass of cultures. DAVID: Just a very small follow-up. DAVID MILLER: Yeah. DAVID: The thing about continuity is certainly a good point if it's instrumental, at the very least. If it changes too fast, I think, now that actually will destroy there being any national culture. So that is easy to fold in. But then, if you're arguing that there's just a separate thing, it's not about that there needs to be a national culture, there also has to be this thing like slow change for its own sake. That would need separate support. DAVID MILLER: Yeah. DAVID: But you might make the case that, if it changes too fast, there will fail to be one at all. But again, that feels like a high bar. [INAUDIBLE] I'm not sure. I don't imagine that. JOSEPH CARENS: So can I just add to that about culture? That it's capitalism that is eroding national cultures, not immigration. You know, think about the transformation of societies. If you went to-- you go to Paris today, and you'll find McDonald's and, you know, kind of the-- the idea that it's migration-- sort of. Migration has an impact. But really, you know, it's [? Marx's ?] basic point-- the logic of capitalism, the transformation, the globalization of capital and globalization of products-- that's had a huge impact on national cultures, a much greater impact for the most part than immigration. DANIEL J. D'AMICO: Glen? Final question. GLEN: So my question is for Professor Carens, and it's that, to what extent do countries have-- or people have a right to their own self-determination? So for example, if a country had an open borders law, and then suddenly it was like, no, we don't want that anymore. Do the people have a right to be able to sort of vote on it? And then, also, in the case where there are closed borders, does the government have a right just because, like the intellectuals say, that this is the correct thing to do to either-- JOSEPH CARENS: There's no danger of that. GLEN: --either-- like, do you have propaganda campaigns? Like people would say that that's happening now to change the national views on certain issues around immigration. JOSEPH CARENS: So just take the second point first. You know, I think what David and I are doing is appropriate. That is to say, we try to reflect critically on public policies and the principles behind them. And we get to contribute to the conversation. The likelihood of either of us having an impact is almost negligible, but we get to do that. And I don't think that that's a problem from a democratic point, or from a wider democratic point of view. With respect to the self-determination issue, part of what I think it's important to see-- so I agree with David again on one of the points that there can be layers and levels. And you live in a city, and it-- Providence, it has all kinds of-- so Providence only picks up garbage for people who live in Providence. That's perfectly appropriate. It favors and it taxes the people that live in Providence to do that. That's perfectly appropriate. But the thing is you can't prevent people from moving from Boston to Providence if they want to. So this idea that open borders somehow undermines self-determination, again, implicitly draws in the background on an assumption that lots of people are going to want to move into where you are and start doing things differently. So states' rights, the United States, Canada's the same way, are very strong sub-national units with lots of jurisdictional authority, constraints on what the Federal government can do with respect to those states, and so on, with respect to states and provinces in Canada. And yet, you have freedom of movement within the state. So there's not a fundamental-- it's not that there can never be a conflict between self-determination and migration. I'm not making that extreme claim. I'm just saying that you can't see these things as necessarily in conflict. And the degree to which they might stand in tension with one another depends on background circumstances which themselves have to be subject to critical scrutiny. DAVID MILLER: So I mean, it's tempting to say, well simply, that immigration policy's something that is part of self-determination. That would sort of simply cut through the whole debate. We just say we value self-determination. One of the things we should be free to decide as a country to do is what our immigration policy should be. But I think that's [INAUDIBLE] is a bit too quick. And that's why, I guess, I was trying to give what I thought were the underlying reasons that would make such a decision defensible. Because otherwise, it just looks like, OK, we could do it, but it would look mean, wouldn't it? If there were no other reasons at all, it would look just kind of mean to keep people out-- just we decided to do it. So you know, it's the same way if somebody wants to come and look at my garden. It's kind of mean just to say, no, for no reason at all. So I have to have a reason. It's not, I guess, were the sort of reasons I was trying to give. But otherwise, it would be tempting to take the short route. GLEN: Thank you. DAVID MILLER: Yep. DANIEL J. D'AMICO: That's all the time we have for this evening. Thank you all for attending. Be sure to subscribe to our Facebook page, and be on the lookout for future PTP events. There are refreshments and hors d'oeuvres in the lobby. Thank you, again, for coming. [APPLAUSE]
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Channel: Brown University
Views: 8,373
Rating: 4.7241378 out of 5
Keywords: brown, brown u, brown university, brown providence, providence, rhode island, ivy league, brown university youtube, brown u youtube, david miller, joseph carens, political theory project, janus forum series
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Length: 110min 3sec (6603 seconds)
Published: Thu Mar 22 2018
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