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Justice and Authority in Immigration Law

Justice and Authority in Immigration Law

Name: Justice and Authority in Immigration Law
Brand: Hart Publishing
SKU: 9781849465991
Price: 945.75 HKD
Availability: InStock
Author: Colin Grey
ISBN: 9781849465991

By Colin Grey

Hart Publishing March 2015

Specifications

ISBN-13: 9781849465991
Publisher: Hart Publishing
Publication: March 2015
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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This book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated.

It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.

Introduction

I. Four Predicaments

II. Justifying Immigration Policies: Rawls, Kant, and Smith

III. Some Parameters and Stipulations

Part I: Preliminaries

I. Introduction

II. Justice and Authority

III. The Universality of Justice

IV. Justice and Authority in Immigration Governance

V. Moving on

2. Inegalitarianism in Immigration Governance

I. Introduction

II. Some Considered Judgements of Injustice in Immigration

III. Discretionary Doctrines

IV. Inegalitarianism in Immigration Law

V. Inegalitarianism: Four Examples

VI. Moving on

Part II: The Authority of Immigration Regimes

3. The Rightful Governance of Immigration

I. Introduction

II. The Argument for the Postulate of Public Right

III. The Moral Standing of States and Required Forms of Partiality

IV. The Duty to Govern Immigration Rightfully

V. Immigration Regimes as Status Regimes

VI. Moving on

4. Two Absolutisms

I. Introduction

II. An Absolutist Schematic

III. Communitarian Absolutism

IV. Liberal Pessimism

V. Moving on

5. The Authority of Immigration Law

I. Introduction

II. Consent

III. Fairness

IV. The Natural Duty of Justice as a Principle of Political Obligation

V. How Just Immigration Regimes Can Have Authority

VI. Moving on

Part III: Justice in Immigration Governance

6. The Indirect Principle of Freedom of Migration

I. Introduction

II. Two Frameworks

III. The Value of Freedom of Movement

IV. The Global Distributive Justice Alternative

V. The Indirect Principle

VI. Moving on

7. Priority of Admission for the Worst-off Migrants

I. Introduction

II. Contextualism and Universalism

III. A Contextualist Universalist Method

IV. A Constructivist Approach to Immigration V. Free and Equal Migrants VI. A Basic Liberty

VII. A Non-lexical Liberty

VIII. Prioritizing the Worst off

IX. Principles for the Just Governance of Immigration

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Justice and Authority in Immigration Law

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Table of Contents

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