February 18, 2013 38 Comments
This is a guest post by Michael Huemer, a professor of philosophy at the University of Colorado at Boulder. Huemer’s webpage is here. His paper Is There A Right To Immigrate? has been referenced at many places on the Open Borders site, particularly on the starving Marvin page. Huemer’s most recent book, The Problem of Political Authority, argues against political authority and for the proposition that anarcho-capitalism is a superior and feasible alternative to the status quo of nation-states. It received a rave review from fellow anarcho-capitalist and open borders advocate Bryan Caplan.
Vipul Naik invited me to contribute a post, and he suggested (among other possible topics) addressing the citizenist argument against open borders. As most readers probably know, this argument claims that the state is justified in closing its borders to foreigners because the state has special duties to promote the interests of its own current citizens, duties that it does not owe toward anyone who is not presently a citizen.
This citizenist argument has three main problems. First, it’s unclear why we should think the government has these special duties. Second, even if the government has special duties to its citizens, the citizenist argument requires arbitrarily privileging some citizens over others. Third, even if we ignore the previous two problems, the citizenist argument doesn’t work because one’s having special duties toward certain people does not make it permissible to violate the rights of other people.
I. Does the State Have a Duty to Benefit Citizens?
To begin with, then, why do citizenists believe that the government has special duties to its current citizens? Some just assert this without argument (see, e.g., Steve Sailer). Others appeal to the social contract theory (see, e.g., Sonic Charmer): maybe the social contract requires the government to serve the interests of its own citizens.
Sonic Charmer also pointed out the most obvious problem with this argument (though it doesn’t stop Sonic from embracing the argument anyway):
[A]ll Smart People think the ‘social contract’ is nonsense and couldn’t possibly imagine anyone with a brain believing in it. The whole idea that the basis and legitimacy of a government comes from anything resembling a ‘social contract’ is totally out of favor, and indeed is considered to have been long ago fully and definitively discredited by (whoever … some professor I think).
I could not have said it better. I know of no living person who works on political authority and thinks that we actually have a valid social contract. And I say that after having just written a book on political authority that contains 359 references.
Very briefly, contracts, in any other context, satisfy at least the following four principles: (i) all parties to a contract must have a reasonable way of opting out (without being forced to give up things of great value that belong to them), (ii) explicit, up front statements of non-agreement should generally be recognized as a way of not accepting a contract, (iii) an action cannot be interpreted as signaling agreement, if the terms of the contract would have been imposed on the agent regardless of whether they performed that action or not, and (iv) contracts generally require both parties to undertake enforceable obligations to each other, and if one party repudiates or simply fails to uphold its obligations under the contract, the other party is no longer bound to hold up their end either. The “social contract” violates all of these principles, and blatantly so. This is discussed at length in my recent book, The Problem of Political Authority, chapter 2. This is why I say that the “social contract” bears no resemblance to real contracts, as understood in any other context. If you took someone to court for an alleged “breach of contract”, no court in the world would recognize a claim of contractual obligation if you had nothing better than the sort of arguments that social contract theorists have relied upon.
But let’s say you don’t care what those annoying egghead intellectuals say. They’re always trying to convince us of ridiculous things, like that the Earth is round and that we came from monkeys. There’s a social contract, arguments to the contrary be damned! Okay, but what does the contract require? Here are two views: Read more of this post