Exclusion: Property Analogies in the Immigration Debate
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Jeremy Waldron
Abstract
By what right do sovereign states prohibit migrants from entering their territories? It cannot be assumed that they do, certainly not as a matter of the way we define “sovereignty.” Can the sovereign right to exclude immigrants be derived from the sovereign’s status as owner of the territory it controls? This Article shows that the idea of the sovereign as owner is too problematic to be the basis of any argument for the right to exclude. It also argues against the proposition that communities, considered as informal sovereigns, have a right to exclude based on their communal property in the land they inhabit. In both cases, an “ownership conception” is distinguished from a more attractive “responsibility conception” of sovereignty. The former remains unclear, while the latter leaves open the question of who the sovereign (state or community) is responsible for.
© 2017 by Theoretical Inquiries in Law
Artikel in diesem Heft
- Frontmatter
- Introduction
- Property and Sovereignty: How to Tell the Difference
- The Dialectics of Sovereignty and Property
- Property’s Sovereignty
- Property, Sovereignty, and the Public Trust
- Sovereignty, Property and Empire: Early Modern English Contexts
- The Human Right to Private Property
- Property and Sovereignty, Information and Audience
- Sovereignty and the Politics of Property
- Exclusion: Property Analogies in the Immigration Debate
- From Territorial to Monetary Sovereignty
- Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations
- Sovereignty, the Corporate Religious, and Jurisdictional/Political Pluralism
Artikel in diesem Heft
- Frontmatter
- Introduction
- Property and Sovereignty: How to Tell the Difference
- The Dialectics of Sovereignty and Property
- Property’s Sovereignty
- Property, Sovereignty, and the Public Trust
- Sovereignty, Property and Empire: Early Modern English Contexts
- The Human Right to Private Property
- Property and Sovereignty, Information and Audience
- Sovereignty and the Politics of Property
- Exclusion: Property Analogies in the Immigration Debate
- From Territorial to Monetary Sovereignty
- Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations
- Sovereignty, the Corporate Religious, and Jurisdictional/Political Pluralism
