Andy Lamey

A liberal theory of asylum

Hannah Arendt argued that refugees pose a major problem for liberalism. Most liberal theorists endorse the idea of human rights. At the same time, liberalism takes the existence of sovereign states for granted. When large numbers of people petition a liberal state for asylum, Arendt argued, these two commitments will come into conflict. An unwavering respect for human rights would mean that no refugee is ever turned away. Being sovereign, however, allows states to control their borders. States supposedly committed to human rights will thus often violate the rights of refugees by denying them entry. I attempt to defend liberalism from Arendt’s criticism by outlining a rights-based model of asylum that is enforceable by sovereign states. This approach avoids the question of what border-enforcement measures, if any, are defensible at the level of ideal justice, and instead seeks to outline a framework of refugee rights that can be realized in a world in which migration controls are a fact of life. Central to my argument is a distinction between the place where a person is recognized as a rights-bearing agent and the potentially different place where he or she exercises those rights.

Ecosystems as Spontaneous Orders

ABSTRACT The notion of spontaneous order has a long history in the philosophy of economics, where it has been used to advance a view of markets as complex networks of information that no single mind can apprehend. Traditionally, the impossibility of grasping all of the information present in the spontaneous order of the market has been invoked as grounds for not subjecting markets to central planning. A less-noted feature of the concept of a spontaneous order is that when it is applied to ecosystems it yields a reasonably strong environmental ethic: It generates a presumption against interfering with their natural functioning in a manner that results in anthropogenic species loss. Such a presumption will permit some interventions in nature while precluding others. Environmental ethics could make welcome use of the idea of spontaneous order without necessarily endorsing its traditional application to markets.