This is a guest post by Filip Spagnoli. Spagnoli maintains a blog-cum-website on human rights here. His writings on open borders on his website are here.
The post by Spagnoli builds on the Rawlsian veil of ignorance argument for open borders by making the case for open borders in terms of luck egalitarianism, a version of egalitarianism inspired by Rawls. It also makes some of the arguments on the drowning child page of this website, but from a different perspective.
Luck egalitarianism is a school of thought in moral philosophy that argues in favor of interventions in people’s lives aimed at eliminating as far as possible the impact of luck. If you have the bad luck of being born into a poor family, your prospects in life should not be harmed by this and society should intervene in order to correct for it.
I’m not going to endorse luck egalitarianism because it’s a theory that suffers from some serious defects. However, the basic intuition seems sound to me and can be used to argue against immigration restrictions. Your country of birth is also a matter of luck, good luck or bad luck, depending on the country. It’s either good luck or bad luck because the place where you are born has a profound impact on your life prospects. The mere fact of having been born in Bolivia rather than the U.S. makes it statistically more likely that you will be poor, uneducated and unhealthy. Since no one chooses to be born somewhere, no one can be said to deserve the advantages or disadvantages that come with being born somewhere.
Hence, if Americans for example are just lucky to have been born in the U.S. and didn’t do anything to deserve being born there, what right do they have closing their borders and allowing access only to a chosen few selected according to criteria that they have unilaterally decided and that mainly serve their own interests? None whatsoever. In claiming that right they make it impossible for others to do something about the misfortune of having been born in a poor country. Hence, they double other people’s disadvantage.
As Joseph Carens has put it, immigration restrictions are the modern equivalent of feudal privilege, inherited status, birthrights and class rule. In our current, so-called modern and Enlightened societies, the good luck of being born in a wealthy country supposedly gives you the right to exclude others, just as in the olden days the fact of having been born in the class of nobles or aristocrats gave you the right to condemn others to the class of paupers. The lottery of birth yields unfair advantages in both cases.
One may claim that none of this necessarily argues in favor of open borders. The fortunate of this earth could compensate for their good luck by other means. For example, they could have a duty, not to open their borders, but to transfer money and resources to those who have had the bad luck of being born in the wrong country.
Contra Bryan Caplan, I think that assistance is a moral duty, but I fail to see how the fulfillment of this duty could grant you the right to close your borders. Those who argue that assistance is enough often use a domestic analogy. Consider Hugh Hefner, for example. The point is not that he probably wouldn’t have had the wealth he has now if he hadn’t been born in a country (or granted access to a country) where the average citizen is wealthy enough to spend large amounts of money on soft porn. The point is that there are millions of other people in the U.S. who, through no fault of their own, are burdened with bad luck, a lack of talent or a lack of education opportunities making it difficult or impossible for them to collect a Hefnerian amount of wealth, or even just a fraction of it. These people don’t deserve their lack of talent etc., just as poor Zimbabweans don’t deserve to have been born in Zimbabwe. Should Hefner therefore open the doors of Playboy Mansion? Or is it enough that he pays taxes to fund the welfare state? Most would choose the latter option.
What’s the difference between this domestic situation and the international one? If Hefner doesn’t have to welcome thousands of unfortunate U.S. citizens to his Playboy Mansion, why should the whole of the U.S. citizenry have to welcome millions of immigrants onto their territory? Well, because it’s not their territory, at least not in the way Playboy Mansion is Hefner’s property. People don’t have property rights to a part of the surface of the earth like they may have property rights to things. I have a long argument here in favor of the common ownership of the earth, and I invite you to click the link and read it. It’s too long to repeat it here, but suffice it to say that it leads to a strong presumption in favor of open borders without destroying the possibility of having borders and states in the first place.