-
44Punishment in a Just StateWashington University Review of Philosophy 4 128-154. 2025.Political power is always coercive, and is none more so in domestic politics than the criminal law and its associated power to punish. If this power is to be used in a just way, it must be done in a manner that all members of society can accept. This paper is an attempt to work out some normative parameters for an acceptable theory of punishment by examining its institutional role in a just, liberal state. In doing so, this paper treats punishment theory as a topic in political philosophy, as op…Read more
-
314Refugees and Family UnificationIn Andreas Niederberger, Uchenna Okeja & Johanna Gördemann (eds.), Handbook of Migration Ethics, Springer. pp. 379-391. 2025.The topics of refugee protection and family migration have both received significant attention in the philosophical literature. However, until recently, issues at the intersection of these two subjects were rarely discussed. In this entry, we outline and explore some of the most important questions concerning these issues of refugee family unity, separation, and reunification, considering what obligations (if any) states might have to respect and protect the value of family life for refugees in …Read more
-
779Children, Families, and Immigration EnforcementIn Sahar Akhtar (ed.), Routledge Handbook of the Ethics of immigration, Routledge. pp. 322-333. 2025.Although there is now a large and sophisticated literature on ethical or moral matters relating to family immigration and immigration enforcement, the intersection of these topics has not been greatly explored. This is unfortunate, as particular and difficult normative issues arise in relation to immigration enforcement when applied to children and to families where some members are unauthorized migrants and others are citizens or authorized migrants (“mixed-status” families). This chapter ad…Read more
-
285Applied Political and Legal PhilosophyIn Kasper Lippert-Rasmussen, Kimberley Brownlee & David Coady (eds.), A Companion to Applied Philosophy, Wiley-blackwell. pp. 313-327. 2016.This chapter examines three approaches to applied political and legal philosophy: Standard activism is primarily addressed to other philosophers, adopts an indirect and coincidental role in creating change, and counts articulating sound arguments as success. Extreme activism, in contrast, is a form of applied philosophy directly addressed to policy-makers, with the goal of bringing about a particular outcome, and measures success in terms of whether it makes a direct causal contribution to that …Read more
-
867Enforcing immigration lawPhilosophy Compass 15 (3). 2020.Over the last few years, an increasingly sophisticated literature devoted to normative questions arising out of the enforcement of immigration law had developed. In this essay, I consider what sorts of constraints considerations of justice and legitimacy may place on the enforcement of immigration law, even if we assume that states have significant discretion in setting their own immigration policies, and that open borders are not required by justice. I consider constraints placed on state or na…Read more
-
107LGBTQ ASYLUM AND REFUGEE PROTECTION: PROBLEMS AND PROSPECTSCapital University Law Review 52 (1): 129-151. 2024.Despite marked improvements in rights for LGBTQ persons around the world, significant problems remain. In many countries, LGBTQ persons face significant discrimination, lack of protection from harm by non-state actors, and persecution from their own governments. This article examines when and why protection under the UN Refugee Convention should be granted to those seeking asylum or refugee status because of maltreatment related to their LGBTQ status. To this end, Part II shows how LGBTQ asylum…Read more
-
95Market transactions and the limits of moral evaluation of cross-border interactionsEuropean Journal of Political Theory 24 (3): 454-461. 2025.In her important book Promoting Justice Across Borders, Lucia Rafanelli offers a detailed account of ‘reform interventions’, seen as ‘any deliberate attempt to promote justice in a foreign society’. Such interventions, she argues, can and should be subject to ethical evaluation, including standards relating to toleration, legitimacy, and collective self-determination. While I am sympathetic to many of Rafanelli's arguments, in this essay I will argue that, for a large number of cases this comple…Read more
-
625When is Climate-Change Related Internal Displacement of International Concern?In Jamie Draper & David Owen (eds.), The Political Philosophy of Internal Displacement, Oxford University Press. pp. 179-195. 2024.It is now widely expected that climate change will be serious enough that a very large number of people will be displaced from their homes because of events relating to or resulting from climate change. Such events may include rising sea levels (and resulting increased salination of ground water), stronger hurricanes and tropical storms, drought, floods, increased and more intense wildfires, and other extreme or (previously) unusual weather events. Although estimates vary widely, it seems very l…Read more
-
128Review of Valeria Ottonelli & Tiziana Torresi, The Right Not to Stay: Justice in Migration, the Liberal Democratic State, and the Case of Temporary Migration ProjectsEthical Theory and Moral Practice 27 (4). 2024.As the normative literature on immigration has matured over the last twenty plus years, it’s become increasingly hard to make interesting, plausible, and original claims. Most issues have been discussed, and most plausible positions staked out. Valeria Ottonelli and Tiziana Torresi’s book is, then, a pleasant surprise. In a brisk 173 pages they make important tech- nical contributions and argue for an insightful approach to thinking about some problems relating to migration. I will suggest worri…Read more
-
606Review of Gillian Brock, Corruption and Global Justice.Ethics 134 (4): 569-573. 2024.Corruption is a ubiquitous problem. As Gillian Brock notes early on, it exists to one degree or another in all societies, no matter their stage of development, and is regularly identified by the public as one of the top problems in the world (2–3). Despite its importance and frequency, it hasn’t been a central topic for philoso- phers working on normative moral and political theory. This isn’t to say that it has been ignored, but it has mostly been seen as a specialty topic in areas such as busi…Read more
-
762Building a Fair Future: Transforming Immigration Policy for Refugees and FamiliesIn Matteo Bonotti & Narelle Miragliotta (eds.), Australian Politics at a Crossroads: Prospects for Change, Routledge. 2024.In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Pro…Read more
-
717The “Generic” UnauthorizedPhilosophy and Public Issues - Filosofia E Questioni Pubbliche 11 (1): 91-110. 2021.How to respond to unauthorized migration and migrants is one of the most difficult questions in relation to migration theory and policy. In this commentary on Gillian Brock’s discussion of “irregular” migration, I do not attempt to give a fully satisfactory account of how to respond to unauthorized migration, but rather, using Brock’s discussion, try to highlight what I see as the most important difficulties in crafting an acceptable account, and raise some problems with the approach that Brock …Read more
-
1093That’s None of Your Business! On the Limits of Employer Control of Employee Behavior Outside of Working HoursCanadian Journal of Law and Jurisprudence 35 (2): 405-26. 2022.Employers seeking to control employee behavior outside of working hours is nothing new. However, recent developments have extended efforts to control employee behavior into new areas, with new significance. Employers seek to control legal behavior by employees outside of working hours, to have significant influence over employee’s health-related behavior, and to monitor and control employee’s social media, even when this behavior has nothing to do with the workplace. In this article, I draw on t…Read more
-
999Blake, Michael. Justice, Migration, and Mercy. Oxford: Oxford University Press, 2019. Pp. 280. $35.00 (cloth)Ethics 131 (3): 600-605. 2021.For several years Michael Blake has been among the most important contributors to the philosophical literature on immigration. This book is therefore greatly anticipated, and develops a number of fruitful arguments. Although I will argue that the account is unsuccessful or incomplete at key points, it’s clearly an important work of relevance to those working on immigration, as well as to political philosophers more generally. In particular, Blake provides powerful arguments against the claim tha…Read more
-
96What Role for the State? (And a Comment on the Common Good)Australasian Journal of Legal Philosophy 44 (1): 124-132. 2019.In his _Natural Law and the Nature of Law_, Jonathan Crowe has written an important and interesting book, one that should be read by people interested in jurisprudence, ethics, and political philosophy. Its distinctive strength is in the way Crowe shows how much can be done within a natural law framework that does not assume a theological background. A distinctive feature of Crowe's approach to natural law, one that distinguishes it from other well-known approaches, is its argument that only a m…Read more
-
1177Philosophical Foundations for Complementary ProtectionIn David Miller & Christine Straehle (eds.), The Political Philosophy of Refuge, Cambridge University Press. pp. 211-231. 2019.A Significant percentage of the people outside their country of citizenship or residence who are unable to meet their basic needs on their own, and need international protection, do not fall under the definition set out in the UN Refugee Convention. This has led many - both academic commentators and activists - to call for a new, expanded refugee definition, preferably backed up by a new, binding, international convention. In earlier work I have resisted this call, arguing that there is good r…Read more
-
87Contract, Treaty, and SovereigntyIn Claire Oakes Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority, Oxford University Press. pp. 283-307. 2018.It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject genetically mo…Read more
-
101Can the Rule of Law Apply at the Border?: A Commentary on Paul Gowder’s the Rule of Law in the Real WorldSaint Louis University Law Journal 62 (2): 332-32. 2018.The border is an area where the rule of law has often found difficulty taking root, existing as law-free zones characterized by largely unbounded legal and administrative discretion. In his important new book, The Rule of Law in the Real World, Paul Gowder deftly combines historical examples, formal models, legal analysis, and philosophical theory to provide a novel and compelling account of the rule of law. In this paper I consider whether the account Gowder offers can provide the tools needed …Read more
-
95A Tax-Credit Approach to Addressing Brain DrainSaint Louis University Law Journal 62 (1): 73-84. 2017.This paper proposes a novel use of tax policy to address one of the most pressing issues arising from economic globalization and international migration, that of “brain drain” – in particular, the migration of certain skilled and highly trained or educated professionals from less and least developed countries to wealthy “western” countries. This problem is perhaps most pressing in relation to doctors, nurses, and other medical professionals, but exists also for teachers, lawyers, economists, eng…Read more
-
1144“Dreamers” and Others: Immigration Protests, Enforcement, and Civil DisobedienceAPA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2): 15-17. 2018.In this short paper I hope to use some ideas drawn from the theory and practice of civil disobedience to address one of the most difficult questions in immigration theory, one rarely addressed by philosophers or other theorists working on the topic: How should we respond to people who violate immigration law? I will start with what I take to be the easiest case for my approach—that of so-called “Dreamers”—unauthorized immigrants in the US who were brought to this country while still children (of…Read more
-
167The Rights of Families and Children at the BorderIn Elizabeth Brake & Lucinda Ferguson (eds.), Philosophical Foundations of Children's and Family Law, Oxford University Press. pp. 153-170. 2018.Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregula…Read more
-
157Review of Corvino and Gallagher, Debating Same-Sex Marriage (review)Criminal Law and Philosophy 9 (4): 727-735. 2015.With the recent U.S. Supreme Court cases finding the Defense of Marriage Act unconstitutional and removing impediments to same-sex marriage in California,as well as a number of recent successes in special elections and with legislators inthe U.S. and other countries, we might wonder whether there is still need for a book debating same-sex marriage. Is not the tide of history inevitably movingtowards marriage equality? While that position seems tempting, it is too quick
-
978Introduction: Symposium on Paul Gowder, the rule of law in the real worldSt. Louis University Law Journal 62 (2): 287-91. 2018.This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.
-
197John Corvino and Maggie Gallagher: Debating Same-Sex Marriage: Oxford University Press, 2012, 281 pp, $16.95 , ISBN: 9780199756315Criminal Law and Philosophy 9 (4): 727-735. 2015.This is a review of the book by John Corvino and Maggie Gallagher, _Debating Same-Sex Marriage_.
-
134Empirical Desert, Individual Prevention, and Limiting Retributivism: A ReplyNew Criminal Law Review 17 (2): 312-375. 2014.A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal…Read more
-
186There is no Human Right to Democracy. But May We Promote it Anyway?Stanford Journal of International Law 48 (2): 257. 2012.The idea of “promoting democracy” is one that goes in and out of favor. With the advent of the so-called “Arab Spring”, the idea of promoting democracy abroad has come up for discussion once again. Yet an important recent line of thinking about human rights, starting with John Rawls’s book The Law of Peoples, has held that there is no human right to democracy, and that nondemocratic states that respect human rights should be “beyond reproach” in the realm of international relations. This is, for…Read more
-
466Climate Change RefugeesCritical Review of International Social and Political Philosophy 17 (5): 618-634. 2014.Under the UNHCR definition of a refugee, set out in the 1967 Protocol Relating to the Status of Refugees, people fleeing their homes because of natural disasters or other environmental problems do not qualify for refugee status and the protection that come from such status. In a recent paper, "Who Are Refugees?", I defended the essentials of the UNHCR definition on the grounds that refugee status and protection is best reserved for people who can only be helped by granting them refuge in a safe …Read more
-
83Gang-related asylum claims: An overview and prescriptionUniversity of Memphis Law Review 38 (4). 2008.Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reason…Read more
-
142Alien Ideas: Review of Strangers in our Midst: The Political Philosophy of Immigration, by David MillerThew New Rambler 2016. 2016.David Miller, Professor of Politics at Oxford University, has long been one of the most important and interesting contributors to political theory and philosophy. He is well known for insisting on the mutual relevance of philosophical reflection and political practice, an approach well captured by the title of his recent book, Justice for Earthlings. In his most recent book, Strangers in our Midst: The Political Philosophy of Immigration, Miller revises and extends the work he has been doing for…Read more
-
294Review of Carl Knight, Luck Egalitarianism (review)Journal of Moral Philosophy 9 (1): 127-30. 2012.This is a review of Carl Knight's recent book, _Luck Egalitarianism_
Gold Coast, Queensland, Australia
Areas of Specialization
| Social and Political Philosophy |
| Philosophy of Law |
| Applied Ethics |