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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Justice and Authority in Immigration Law

ISBN13: 9781849465991
Published: March 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £35.00

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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.

Immigration, Asylum, Refugee and Nationality Law
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