Democratic legitimacy and the ethics of asylum

by Chris Bertram on June 4, 2018

I was invited to participate in a panel at Oxford’s Refugee Studies Centre last week on the theme “Democratic legitimacy and the ethics of asylum” alongside David Miller and Mollie Gerver, with Matthew Gibney in the chair. My remarks went something like this:

Our title today is “democratic legitimacy and the ethics of asylum”. There are many things this could mean, but I think that the person who formulated this title probably had it in mind to draw our attention to a supposed conflict between two principles or ideals. The first is our duty as citizens and as the states that we constitute to live up to our responsibilities to refugees (perhaps as understood in relation to the 1951 Convention to which the UK is a party and in subsequent jurisprudence, including its 1967 extension). The second is a requirement that the governments of democratic states be responsive to what their citizens want and should not pursue policies, including in the general area of immigration, that go against those citizens’ wishes. It then looks as if there is a tension or even a contradiction, because the UK’s declared international commitments point to an openness towards those fleeing their countries out of fear of persecution, whereas the general public, often fed a diet of stories alleging that asylum seekers are really economic migrants in disguise, want a generally restricive immigration policy backed up by fairly robust enforcement measures.

But there is much that we can usefully challenge in that brief account of the issue, both in the areas of fact and of principle. Let me deal with some issues of fact first. At least in the case of the UK, the reality is that an extremely hostile and restrictive policy towards refugees corresponds with and is responsive to the putative attitudes of the general public. Despite the propensity of both ministers and the Home Office robotically to utter the stock formula, “The UK has a proud history of providing protection …”, the UK actually hardly takes in any refugees. According to Refugee Action, in mid-2015 there were, 117,234 refugees and 37,829 pending asylum seekers (0.24 per cent of the population). To get a sense of those numbers, if Bristol City’s Ashton Gate stadium (capacity 16,600) were full, that proportion is equivalent to a grand total of 40 spectators. As we know, the UK takes active measures to prevent people likely to claim asylum from arriving on its territory, using methods including visa restrictions and carrier sanctions. The few who slip through the net are made to live in substandard housing, forced to exist on £35 a week, are sometimes detained, are often subjected to harsh reporting regimes that require them to travel long distances, are routinely disbelieved by Home Office staff who often assess their claims incompetently and unfairly (as we know from the high rates of successful appeals), are excluded from the labour market and sometimes from other activities such as study. Failed asylum seekers who cannot return home are forced into destitution; those whose refugee status is recognized often become destitute because of the obstacles in the way of them getting bank accounts, housing etc. I could go on, but there is no need. So it turns out that there is no gap between democratic legitimacy, so narrowly conceived, and the UK goverment’s own miserable conception of its ethical duties to refugees, a conception that it claims to be in line with its international commitments.
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It’s a little-known fact that John Dewey, the father of Pragmatism, started his career as ‘the midnight philosopher’, a lab assistant for Victor Frankenstein. (He didn’t have the ‘stache yet, you will note. He grew that later, to cover his exit shortly before the mob with the torches and pitchforks showed. But the resemblance is unmistakable.)

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Percentiles (repost from 2011)

by John Q on June 3, 2018

I’m reposting this piece from 2011, as a prebuttal of arguments like this. I give a bit more detail here.

One of the most striking successes of the Occupy Wall Street movement has been the “We are the 99 per cent” idea, and more specifically in the identification of the top 1 per cent as the primary source of economic problems.

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Sunday photoblogging: Port of Liverpool Building

by Chris Bertram on June 3, 2018

Port of Liverpool Building

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Eric Schliesser on Omelas and Ideology

by John Holbo on June 1, 2018

Link.

… the representation of Omelas shows how an ideology that is grounded in the truth, in a society in which philosophy and knowledge exist, is possible … Even so, I insist that their self-understanding is a form of ideology. By ‘ideology’ I mean (without pretending to have offered an analysis or to be at all precise) a discourse that (i) justifies a status quo – in which some are subjugated (made miserable, exploited, etc.) – and (ii) which prevents from conceiving alternatives to the status quo. Only (i) is necessary for something to be an ideology, but (ii) is an important function. This (i-ii) is precisely what happens when the children begin to realize that even if the child could be released, it would not get much good of its freedom.” What they say is (let’s stipulate) all true, but it ends up justifying continued misery for the child.

I’m interested because I wrote about this a while back. I’m not sure I like this semi-definition of ‘ideology’. I confess, I’ve really never thought about how ‘ideology’ can be usefully teased apart from error-implying notions like rationalization, bias, on the one hand; and, on the other hand, more neutral, but socially thicker terms like belief-system, value-system. (I am aware a great deal of ink has been spilled over ‘ideology’, over the years, yes. Just not by me.) One of the things that’s disturbing about Omelas is our strong suspicion that, even if the citizens are justified, they would keep on doing it even if they weren’t. Because they are human. But this is cross-cut by the fact that the Omelans do something that humans never would: namely, confront the facts squarely and honestly. Is ideology always psychic self-preservation from inconvenient facts? The Omelans, oddly, have no such mechanisms. Which makes the story surreal, which is satisfying. But perhaps inhumanly unhelpful as political parables go?

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Henry Sidgwick and the World Unseen

by John Holbo on May 31, 2018

I’m still pursuing intermittent uncanny researches as a result of which – when I’m not reading about the Scottish Enlightenment! – I’m dabbling in late-19th Century Spiritualism. This is rather new to me. As I confessed in comments to that last post, I had this vague idea that there were probably two Henry Sidgwicks (one, the well-known utilitarian ethicist; the other, the guy who did psychic research.) Turns out he was just a busy guy (unless one of them was, like, a crisis apparition, so there really were two.) So I’m reading books like this one [amazon]: Spectres of the Self, by Shane McCorristine. Here’s a bit that really struck me. His fellow SPR psychic researcher, F. W. H. Myers, wrote this as part of his Sidgwick obituary, in 1900:

In a star-light walk [in 1869] which I shall not forget … I asked him, almost with trembling, whether he thought that when Tradition, Intuition, Metaphysic, had failed to solve the riddle of the Universe, there was still a chance that from any actual observable phenomena, – ghosts, spirits, whatsoever there might be, – some valid knowledge might be drawn as to a World Unseen. Already, it seemed, he had thought that this was possible; steadily though in no sanguine fashion, he indicated some last grounds of hope; and from that night onwards I resolved to pursue this quest, if it might be, at his side. Even thus a wanderer in the desert, abandoning in despair the fair mirages which he has followed in vain, might turn and help an older explorer in the poor search for scanty roots and muddy water-holes.

So he spent the next 30 years looking for that!

I’m quoting this the next time I have to teach those bits in Nietzsche about the English utilitarians! It’s like a side-quest between stage 3 and 4 of the main mission in Twilight of the Idols. You find a ‘true world’ that is attainable – but still not discernably consoling, redeeming or obligating?

1. The true world — attainable for the sage, the pious, the virtuous man; he lives in it, he is it.
(The oldest form of the idea, relatively sensible, simple, and persuasive. A circumlocution for the sentence, “I, Plato, am the truth.”)
2. The true world — unattainable for now, but promised for the sage, the pious, the virtuous man (“for the sinner who repents”).
(Progress of the idea: it becomes more subtle, insidious, incomprehensible — it becomes female, it becomes Christian. )
3. The true world — unattainable, indemonstrable, unpromisable; but the very thought of it — a consolation, an obligation, an imperative.
(At bottom, the old sun, but seen through mist and skepticism. The idea has become elusive, pale, Nordic, Königsbergian.)
4. The true world — unattainable? At any rate, unattained. And being unattained, also unknown. Consequently, not consoling, redeeming, or obligating: how could something unknown obligate us?
(Gray morning. The first yawn of reason. The cockcrow of positivism.)
5. The “true” world — an idea which is no longer good for anything, not even obligating — an idea which has become useless and superfluous — consequently, a refuted idea: let us abolish it!
(Bright day; breakfast; return of bon sens and cheerfulness; Plato’s embarrassed blush; pandemonium of all free spirits.)
6. The true world — we have abolished. What world has remained? The apparent one perhaps? But no! With the true world we have also abolished the apparent one.
(Noon; moment of the briefest shadow; end of the longest error; high point of humanity; INCIPIT ZARATHUSTRA.)

In general, I’m having a lot of fun reading about Scottish Enlightenment and late-19th Century Spiritualism. Any book recommendations about the latter in particular? There are a lot of books on the subject and not all of them are good, I’m finding.

Myers, in addition to co-authoring the SPR magnum opus, Phantasms of the Living, was a poet.

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Sunday photoblogging: Oslo, near the station

by Chris Bertram on May 27, 2018

Oslo - by the station

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The Solution To Slavery Is … More Slavery?

by John Holbo on May 27, 2018

I’m reading about the Scottish Enlightenment. Among other things, How the Scots Invented the Modern World: The True Story of How Western Europe’s Poorest Nation Created Our World and Everything in It [amazon] by Arthur Herman. It’s pop history by a right-winger with a perch at the Hudson Institute. It has an (ahem) boosterish quality, per the title. (As one might say: Schopenhauer’s The World As Will and Representation is rather big on will.) But shameless marketing in the title department seems not to have infected the insides to a hopeless degree. I feel I can factor out the neoliberalism in the frame to extract facts. (Anyone say this book is hopeless bullshit? If so, how so?)

After this, James Buchan, then probably back into good ol’ Jonathan Israel.

Right. I’m amused by this joker, Andrew Fletcher. Christ.

Andrew Fletcher cared passionately about freedom, but it was a peculiar kind of freedom. In 1697 he had called for a compulsory universal militia, creating four camps, one in Scotland and three in England, where every young man, on beginning his twenty-second birthday, would receive military training of the most rigorous kind. “No woman should be suffered to come within the camp, and the crimes of abusing their own bodies any manner of way, punished with death.” The next year he proposed solving Scotland’s economic depression by in effect turning the Scottish peasantry into slaves, dividing up the indigent poor among the local landlords (such as himself), and giving the latter the power of life and death over their human herds.

By instinct and temperment, Fletcher was an authoritarian anarchist.

Fletcher is bitterly opposed to union with England, which he argues will turn Scots into slaves, which would be terrible.

Almost his last words were, “Lord have mercy on my poor Country that is so barbarously oppressed.” Ironically enough, he died in the oppressor’s capital, in London — on his way home from Europe, where he spent most of the years after the Union treaty. Someone had asked him when he left Scotland, “Will you forsake your country?” He answered, “It is only fit for the slaves who sold it.” How strange that the laird of Saltoun, who had once been prepared to turn a large portion of his fellow countrymen into slaves, should use that word to describe the Scots who had repudiated his retrograde vision for the kingdom. How strange, too, that a man who claimed to despise trade and traders should choose to spend so much of his life in large, cosmopolitan cities — London, Paris, Amsterdam — that were built by mercantile wealth. It was precisely that wealth which he had hoped to deny Scotland, for the sake of an abstract and austere ideal of liberty. It was that wealth which Scotland’s urban centers now enjoyed by being part of Britain, and which promised to create a new and very different Scotland.

I get it that maybe Arthur Herman has an axe to grind on Fletcher, about whom I knew not a thing before reading this. And now I know just this, plus Wikipedia.

But I do like a good, explicit ‘in order to free them, we must enslave them’ argument. Anyone want to come out of the woodwork and defend Andrew Fletcher as not the utter tool Herman makes him out to be. Quoting Wikipedia, Thomas Jefferson said: “The political principles of that patriot [Fletcher] were worthy of the purest periods of the British constitution. They are those which were in vigour at the epoch of the American emigration. Our ancestors brought them here, and they needed little strengthening to make us what we are.”

Alisdair Macintyre evidently said: “Almost alone among his contemporaries Fletcher understood the dilemma confronting Scotland as involving more radical alternatives than they were prepared to entertain.”

Oh, plain people of the internet, what should I think of Andrew Fletcher? (And Arthur Herman’s Scotland book.)

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I know you’ve all been waiting expectantly …. My book [*Do States Have the Right to Exclude Immigrants?*](https://www.wiley.com/en-gb/Do+States+Have+the+Right+to+Exclude+Immigrants%3F-p-9781509521951) is published in the UK today by Polity Press (those of you in North America will have to wait until Wiley publish it in July). The book challenges the assumption that lies behind most debates on immigration, namely that states have a discretion to do pretty much as they like and may set their policy according to the interests of their own citizens.

The book has three chapters. In the first, I look at migration today and in history, say something about patterns of migration, why people move and how recent many of the restrictions on movement that we take for granted are. In the second chapter I look at the question of state exclusion from an ideal perspective and ask whether the currently accepted norm of unilateral state discretion over immigration is defensible. You’ll be unsurprised to learn that I think it isn’t. Rather a global migration regime has to be justifiable (in some sense) to everyone subject to it. This doesn’t mean that states never get the right to exclude, but it means that the reasons they use have to be justifiable from an impartial perspective. I also reply to some arguments defending the right of states to exclude. In the final chapter I address the worry that this ideal theorizing is all very well, but we don’t live in an ideal world. I defend the idea that states can have some provisional rights to exclude in a world where other states are not acting justly but that to exercise them they must actively work towards the creation of a fair global migration order and must not undermine existing elements like the 1951 Refugee Convention. Where states fail to work towards justice they lose their authority over would-be migrants who have, in turn, no obligation to obey their immigration laws. That’s a very brief summary of 135 pages. It is a short book, and it argues for a particular perspective. It can’t and doesn’t cover all the bases in the space available, but I hope it is engaging and readable for those without a prior background in the subject matter.

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The South China Sea: Reposts

by John Q on May 24, 2018

That’s partly because I’m trying really hard to focus on finishing my Two Lessons book, but also because so many of the debates that come up have been had many times before, and I don’t feel like repeating myself. So, I’m going to try reposting older material. The risk is that it will be out of date, but on an early sample, it’s surprising how little I would change if I were rewriting.

I’m going to start with the current topic of hyperventilation in the Australian media: China and the South China Sea

Here are a couple of posts

Feel free to comment, but, unless you have something new to say, try not to reopen topics that have already been done to death in the comments on earlier posts.

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Kate Manne on 12 Rules for Life

by Harry on May 24, 2018

If you were considering reading Jordan Peterson’s new book, and no doubt many of you were, here is Kate Manne’s review in the TLS (I think it is free). It is a brilliant piece of writing (Kate’s, not, I assume, Mr. Peterson’s): never uncharitable or ad hominem, starting out light and funny, but then gently drawing us into the darkness at the heart of Mr Peterson’s popularity. I’m not going to give you an excerpt because I want you to read it all (it’ll take 5-10 minutes — less time than a tea break in a test match) and I couldn’t figure out an excerpt that wouldn’t spoil the experience. It probably will make you reconsider your impulse to read the book, but that is probably, as I gather Mr. Peterson might say, not not good. Comment away though.

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Frederik Pohl On The Ideas In Science Fiction

by John Holbo on May 23, 2018

A whole page of videos, mostly consisting of old interviews with science fiction authors. I just watched Fred Pohl on “The Ideas In Science Fiction”. I guess I’ll check out the Michael Moorcock one next. (Only on Facebook, it seems, so I guess you have to deal with that if you want to watch.)

I’ve also been reading old 70’s comics. For the dialogue.

Also, this. How can they NOT have called their paper “We Can Remember It For You Whole Snail”? Standards, people.

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Neo-Marxism

by Henry Farrell on May 23, 2018

A couple of days ago, Andrew Sullivan delivered a blast against “neo-Marxism”:

The idea that African-Americans have some responsibility for their own advancement, that absent fatherhood and a cultural association of studying with “acting white” are part of the problem — themes Obama touched upon throughout his presidency — is now almost a definition of racism itself. And the animating goal of progressive politics is unvarnished race and gender warfare. What matters before anything else is what race and gender you are, and therefore what side you are on. And in this neo-Marxist worldview, fully embraced by a hefty majority of the next generation, the very idea of America as a liberating experiment, dissolving tribal loyalties in a common journey toward individual opportunity, is anathema.

There is no arc of history here, just an eternal grinding of the racist and sexist wheel. What matters is that nonwhites fight and defeat white supremacy, that women unite and defeat oppressive masculinity, and that the trans supplant and redefine the cis. What matters is equality of outcome, and it cannot be delayed. All the ideas that might complicate this — meritocracy, for example, or a color-blind vision of justice, or equality of opportunity rather than outcome — are to be mocked until they are dismantled. And the political goal is not a post-racial fusion, a unity of the red and the blue, but the rallying of the victims against the victimizers, animated by the core belief that a non-“white” and non-male majority will at some point come, after which the new hierarchies can be imposed by fiat.

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Undergraduate Instruction

by Harry on May 22, 2018

For once, this isn’t directly about undergraduate instruction, but about an event the Center for Ethics and Education is hosting in Madison about undergraduate instruction next Thursday (for locals: Fluno Center on May 31st at 11.30: please come!!!). We were approached by the American Academy for the Arts and Sciences to do an event focusing specifically on undergraduate instruction, in association with an event the Academy is holding here (in Madison) later in the day around the report of the Commission on the Future of Undergraduate Education. I’ve never organised an event on instruction that goes beyond my own department before, but have been to plenty, and too many involve long talks that illustrate the low quality instruction they are attempting to combat. And — almost none actually deploy the voices of undergraduates. So my idea was to invite 4 faculty members (actually 3, plus a high school instructional coach) and 5 undergraduates each to give a very short talk about an instructional strategy that should be more widely shared. The undergraduate piece is work for me, as I want to avoid overlap, and ensure that they do it well (I have complete confidence in the people I invited, but some of them have less confidence in themselves than I have in them). Anyway, I’m sharing this partly because enough locals read CT that sharing it here might boost numbers (free lunch!), but more because I am curious whether others have arranged or attended similar events, and to invite suggestions for subsequent events. Here’s more on the event (with the details about the faculty panel — we have another poster with details of the student panel, but that needs to be updated).

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Sunday photoblogging: yellow

by Chris Bertram on May 20, 2018

Dean Lane, BS3

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