This is the first contribution in a Crooked Timber symposium on Joseph Carens’s The Ethics of Immigration (Oxford, 2013). Over the next week there will be a number of further contributions by guests and Crooked Timber bloggers, followed at some near but later time by a response to critics from Joseph Carens himself.

Some worries about Carens’s democratic consensus

Joseph Carens started the contemporary discussion of immigration and justice back in 1987 with his essay “Aliens and Citizens: the Case for Open Borders” (Review of Politics 49:2) and has pursued the topic doggedly since then in a series of books and papers. But we’ve had to wait until now for the definitive statement of his views. The Ethics of Immigration is a terrific book in various different ways. First, in assembling a challenging series of arguments around its core topic; second, in breaking new ground in how to do political philosophy; and third, in demonstrating that a work in political philosophy can be written with such clarity and can communicate with the lay reader without sacrificing rigour or philosophical depth. In this last respect it is astonishing: it is beautifully written, never hides behind jargon and engages with its readers without patronising them. In short, it is a great achievement.
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Sunday photoblogging #6: Reims Cathedral

by Chris Bertram on May 25, 2014

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Sheryl Sandberg claims to speak for working women. Especially poorer working women, according to the spokeswoman for Sandberg’s Lean In foundation: “The principles of Lean In are just as, if not more, important to women with lower incomes.”

So now comes Sandberg’s big test: Will she stand up for, and with, the women workers at a Hilton DoubleTree hotel in Cambridge, which is on a property owned by Harvard University? The workers want to be represented by a union. The hotel is resisting them. And Harvard isn’t helping.

Sandberg is going to be at Harvard this week, delivering a Class Day speech. The female employees at the hotel have asked to meet with her.

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Education and opportunity

by John Q on May 22, 2014

I’ve got a piece up at the Chronicle of Education, with the title Campus Reflections (paywalled, but there’s a version at my blog) making the point that a higher education system is, in important respects, a mirror of the society that created it, and that it helps to recreate. If that’s true, it follows that the idea of education as a route to equality of opportunity, let alone equality of outcomes, is misconceived. This idea has always been popular among social democrats and even more so by advocates of ‘The Third Way’, who needed it to justify their abandonment of policies aimed at equalising outcomes.

Thinking about the point in this more general context, I’d want to qualify the ‘mirror’ claim a bit. There have been important instances where access to education has been substantially more egalitarian than access to resources in general, so that education did serve to promote equality of opportunity and perhaps also some equalisation of incomes (since it reduced the correlation between access to good jobs and ownership of wealth). The creation of universal public education systems in the 19th century was one example. These systems were far from being equal: they typically streamed students along class lines. But even giving working class kids the basics of literacy and numeracy was a big step forward, and there were opportunities for the bright and determined to do much better than that. The GI Bill in the US was another (if readers can point me to a good source of more detailed info on this I’d be grateful).

But, to the extent that education is a market commodity, it will be allocated on the basis of ability to pay. So, in the absence of a strong policy push in the opposite direction, unequal access to education for young people will reflect the unequal wealth and income of their parents. The US higher education system, like the health system, mirrors the outcomes of labor and capital markets pretty closely. It does a great job for the 1 per cent who go to the Ivy League Schools (and whose parents are mostly in or close to the top 1 per cent of the income distribution), does an adequate but expensive job for the next 20 per cent or so, and leaves everyone else to take their chances.

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From Monday we’ll be running an online symposium on Joseph Carens’s brilliant The Ethics of Immigration. (It is the book that sets a new standard for what “long-awaited” means.) So stay tuned. Meanwhile, I was speaking yesterday at a seminar organized by Democracy Forum at the House of Commons on “Immigration: Liability or Asset”. My talk, which shows the influence of Carens’s work in many respects, is below the fold.

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but David Brooks apparently doesn’t know what ‘democracy’ means.

The quickest way around all this is to use elite Simpson-Bowles-type commissions to push populist reforms.

The process of change would be unapologetically elitist. Gather small groups of the great and the good together to hammer out bipartisan reforms — on immigration, entitlement reform, a social mobility agenda, etc. — and then rally establishment opinion to browbeat the plans through. But the substance would be anything but elitist. Democracy’s great advantage over autocratic states is that information and change flow more freely from the bottom up. Those with local knowledge have more responsibility.

If the Guardian State’s big advantage is speed at the top, democracy’s is speed at the bottom. So, obviously, the elite commissions should push proposals that magnify that advantage: which push control over poverty programs to local charities; which push educational diversity through charter schools; which introduce more market mechanisms into public provision of, say, health care, to spread power to consumers.

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Stalinism on the Installment Plan

by Corey Robin on May 20, 2014

One of the most frequent motifs in the literature on Stalinism is that of the dissenter who confesses to a crime he never committed. What made Stalinism so depraved, in the eyes of intellectuals, was not that it jailed or slaughtered men and women by the millions; it was that it was that it got those men and women, who were plainly innocent, to affirm their guilt to a waiting world.

Here in the US, we don’t need to force people to confess to crimes they didn’t commit (though we certainly do that, too). No, to truly validate our system, we conscript the defendant’s soul in a different way.

A state-by-state survey conducted by NPR found that defendants are charged for many government services that were once free, including those that are constitutionally required. For example:

  • In at least 43 states and the District of Columbia, defendants can be billed for a public defender.
  • In at least 41 states, inmates can be charged room and board for jail and prison stays.
  • In at least 44 states, offenders can get billed for their own probation and parole supervision.
  • And in all states except Hawaii, and the District of Columbia, there’s a fee for the electronic monitoring devices defendants and offenders are ordered to wear.

These fees — which can add up to hundreds or even thousands of dollars — get charged at every step of the system, from the courtroom, to jail, to probation. Defendants and offenders pay for their own arrest warrants, their court-ordered drug and alcohol-abuse treatment and to have their DNA samples collected. They are billed when courts need to modernize their computers. In Washington state, for example, they even get charged a fee for a jury trial — with a 12-person jury costing $250, twice the fee for a six-person jury.

It would be short-sighted to see these policies as mere cost-saving measures. Their function seems as ideological as it is financial. As one court administrator in Michigan put it:

The only reason that the court is in operation and doing business at that point in time is because that defendant has come in and is a user of those services. They don’t necessarily see themselves as a customer because, obviously, they’re not choosing to be there. But in reality they are.

That these policies overwhelmingly target the poor only adds to their allure: What better way to reform capitalism’s losers than to force them to pay to play?

In the same way that the Stalinist show trial was meant to model the virtuous comrade—so dutiful to the ideals of communism that he would sacrifice his very life in order to validate the cause—so does the American criminal justice system model the virtuous capitalist: so committed to the ideals of the free market that he’s willing to pay the price, in both senses of the word, of his crime.

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The War on Workers’ Rights

by Corey Robin on May 19, 2014

I have an oped in the New York Times on the Republican war on workers’ rights at the state level. My conclusion:

The overall thrust of this state legislation is to create workers who are docile and employers who are empowered. That may be why Republican legislators in Idaho, Wisconsin, Michigan, Maine, Ohio, Minnesota, Utah and Missouri have been so eager to ease restrictions on when and how much children can work. High schoolers should learn workplace virtues, says the conservative commentator Ben Stein, like “not talking back.” Early exposure to employment will teach 12-year-olds, as the spokesman of an Idaho school district put it, that “you have to do what you’re asked, what your supervisor is telling you.”

And if workers don’t learn that lesson in junior high, recent Republican changes to state unemployment codes will ensure that they learn it as adults. In 2011, Florida stipulated that any employee fired for “deliberate violation or disregard of the reasonable standards of behavior which the employer expects” would be ineligible for unemployment benefits. Arkansas passed a similar amendment (“violation of any behavioral policies of the employer”). The following year so did South Carolina (“deliberate violations or disregard of standards of behavior which the employer has the right to expect”) and Tennessee. The upshot of these changes is that any employee breaking the rules of her employer — be they posting comments about work on Facebook, dating a co-worker or an employee from a rival firm, going to the bathroom without permission — can be fired and denied unemployment. Faced with that double penalty, any worker might think twice about crossing her boss.

What might Adam Smith, often claimed as the intellectual godfather of the American right, have said about these legislative efforts? “Whenever the legislature attempts to regulate the differences between masters and their workmen,” wrote Smith in “The Wealth of Nations,” “its counsellors are always the masters. When the regulation, therefore, is in favour of the workmen, it is always just and equitable; but it is sometimes otherwise when in favour of the masters.”

Indeed.

The oped is based on Gordon Lafer’s eye-opening report last fall for the Economic Policy Institute, “The Legislative Attack on American Wages and Labor Standards, 2011-2012,” which you should also read.

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Piketty crossing the Delaware

by John Q on May 18, 2014

Like lots of other readers of Thomas Piketty’s Capital, my big concern is not with the accuracy of the diagnosis and prognosis but with the feasibility of the prescription. Piketty’s proposal for a global wealth tax requires an end to the capacity of capital to escape taxation by exploiting the limitations of national taxations system, through tax havens, transfer pricing, artificial corporate structures and so on.

Given the limited record of success in past efforts to control global tax evasion and avoidance, Piketty is reasonably pessimistic about efforts in this direction. But the latest news from the OECD is remarkably positive. All members of the OECD (notably including evader-friendly jurisdictions like Austria, Luxembourg and Switzerland) have agreed to a system of automatic information exchange for tax purposes. Moreover, the “too big to jail” status of major banks engaged in facilitating tax evasion and money laundering, may finally be coming to an end.

On the face of it, the oft-repeated, but so far unjustified claim that “the days of tax havens are over“, may finally be coming true, at least for all but the wealthiest individuals. But the crackdown on individual tax evaders only points up the ease with which corporations (and individuals with the means to establish complex corporate structures) can avoid tax through a mixture of legal avoidance and unprovable evasion (for example, by illegal but unprovable internal transfers).

At the core of the problem is the ability to establish corporations in ways that make their true ownership impossible to trace. And, the jurisdiction most responsible for this is not a Caribbean island or European mini-state, but the “First State” of the US – Delaware, which has long been the preferred location for US incorporation by reason of its business friendly laws.

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Sunday photoblogging #5: cranes

by Chris Bertram on May 18, 2014

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Big Love – Oh Brunhilda Edition

by John Holbo on May 18, 2014

If you think there’s the slightest chance that you would enjoy a book about Maurice Noble, who designed the backgrounds for all your favorite Warner Brothers cartoons (and a bunch of other animated works you love), you should get The Noble Approach: Art and Designs of Maurice Noble [amazon]. [click to continue…]

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From The Mouths of Babes

by John Holbo on May 16, 2014

The 10-year old, upon seeing part of the trailer for Godzilla. “What if it has … Godzuki in it!” (Looks at me with dum-dum-DUM! expression, wide-eyed!)

Later she tells me she and her friend are writing another storybook. What is her book called? “It’s called ‘And Then!'”

I think “And Then!” is the best title for a story ever. And I tell her so. She’s like: “What? What’s so great about it?”

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Makessense Stop!

by John Holbo on May 13, 2014

When I wasn’t MOOC’ing my heart out this semester, I was trying to help my students improve their writing. In my classes that means: writing fairly short essays that are supposed to contain arguments. The real challenge is getting through to the students who are very bad at this, despite really trying. Good, hardworking students are easy to teach. You point out what’s wrong and they don’t do it anymore, most days. But the hardworking student who persists in submitting terrible stuff can be a real puzzle. You pin and label individual errors. But they just do it again. Teaching ‘informal reasoning’ doesn’t help, mostly. Students who have trouble seeing that there are major problems with their arguments – up to and including: you have no argument – are not assisted by lists of fallacies.

Teaching fallacies is mostly helpful for good students, even though it seems very basic. You are giving names to things they already get, thereby sharpening existing perception. The bad students, by contrast, have more of an ‘if it were a bear, it would have bitten you’ problem. Providing labels – brown, black, grizzly – is not going to help with ‘why did you completely miss it?’ [click to continue…]

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The Gender Gap in Political Theory

by Corey Robin on May 13, 2014

I just wanted to give a quick shout-out to an important new blog—Ms. Perestroika—that’s keeping track of the gender gap in academic political theory. It just started, but already it’s got informative posts on recent job searches and hires, the publication record of Political Theory, whose books are getting reviewed and by whom, and the composition of panels at the Western Political Science Association. This seems like an important initiative, so I wanted to make sure folks knew about it.

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Sunday photoblogging #4: staircase in Rome

by Chris Bertram on May 11, 2014

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