Migration im Naturzustand: Überlegungen zum No-Border-Postulat

The discussion about the no-border postulate, initiated by Joseph H. Carens in 1983, is developing an ever-increasing dynamism in both Anglo-American and German-speaking philosophy. There are two positions in this discussion: (1) the view that states have the right to decide sovereignly whether and...

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Bibliographic Details
Published in:Jahrbuch für Recht und Ethik = Annual review of law and ethics 2017-01, Vol.25, p.125-168
Main Author: Tiedemann, Paul
Format: Article
Language:ger
Subjects:
Rechtsethische Grundlagen der Migration – Legal-ethical Foundations of Migration
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Summary:The discussion about the no-border postulate, initiated by Joseph H. Carens in 1983, is developing an ever-increasing dynamism in both Anglo-American and German-speaking philosophy. There are two positions in this discussion: (1) the view that states have the right to decide sovereignly whether and under what conditions they grant entry and residence to aliens (right to exclusion); (2) the view that all people have a moral right to global free movement. The essay defends the thesis that there is neither a right to exclusion nor a right to global free movement on the moral level. In the relationship between states and aliens, the state of nature prevails. In the state of nature, there are no moral rights and duties other than human rights. Neither the alleged right to exclusion nor the alleged right to global free movement is a human right. Considering the current international and national law, nothing changes in this situation.
ISSN:0944-4610
2628-9121