Tag Archives: ethics

Philosophers, wonks and entrepreneurs

I’ve talked about open borders and migration-related issues with people coming from a range of different perspectives (including a wide range of open borders supporters at different levels), and I’ve often found that people are talking past each other. This is partly because of fundamental differences in the mindset that people bring to thinking about the current state of the world and how to change it. In this post, I describe three main (plus some additional) perspectives on the world, and their meaning in the context of open borders.

Philosophers, specifically moral philosophers and ethicists

The moral philosopher or ethicist is interested in figuring out the right course of action, but in a very abstract sense. The moral philosopher may consider questions such as whether we have a duty to vote, whether we are obliged to obey and respect governments’ authority, whether we should eat meat, or whether we have an obligation to make large donations to end poverty. Some of the questions considered refer to the moral choices that individuals face, while others refer to moral choices faced by collectives, represented through intermediaries such as governments, businesses, or other organizations.

Some moral philosophies are deontological, so practical considerations, including the costs and consequences of the relevant alternatives, are not that important. Other moral philosophies are consequentialist, so practical considerations matter in answering moral questions (the most salient example is utilitarianism, where different choices are compared in terms of utility). However, although a consequentialist perspective might seem to be more practical, it is still a philosophical perspective: practical considerations matter only insofar as they shed light on what is right.

Examples of open borders philosophers include Michael Huemer, Jason Brennan, Joseph Carens, and Bryan Caplan. One interesting example to illustrate how the philosopher perspective uses practical considerations merely as a tool of philosophical argumentation is offered by the way people such as Huemer (e.g., here) and Caplan (e.g., here) typically deploy keyhole solutions. When Caplan brings up keyhole solutions, he’s not actually advocating them, let alone offering a specific keyhole solution that he is fully getting behind. In fact, as he’s clarified, he thinks pure open borders is preferable to keyhole solutions, or what I call the (1) > (2) > (3) preference ordering in this post. Rather, he’s using keyhole solutions to win the debate on whether it’s feasible to move in the direction of open borders.

As I noted in my post on Bryan Caplan’s open borders advocacy:

Although Caplan has proposed keyhole solutions, he doesn’t spend enough effort developing these or explaining why and how they may actually be made practical and palatable. Commenters on his posts may get the impression that he is using “keyhole solutions” as a way to deflect restrictionist arguments rather than looking at the reality on the ground regarding what’s actually politically feasible.

Commenter BK agreed and went further:

So generalized pro-immigration ideological pushes strengthen the opponents of keyhole solutions more than they support keyhole solutions. And in practice Bryan and folk at this site do seem to use keyhole solutions primarily as a rhetorical fig-leaf to deflect opposition and shut down conversations.

But from the philosopher perspective, establishing the existence of keyhole solutions can be sufficient to make a case even if one doesn’t feel the onus of developing or recommending them (in Bryan’s case, the logic is analogous to the logic of his views on desert: if one could come up with some way that a person could avoid a bad situation, then they do not deserve sympathy for that bad situation; similarly, if one could come up with keyhole solutions that could in principle allow for open borders, then one has no excuse to maintain the closed border status quo).

When Open Borders: The Case began, it had a fairly heavy philosophical bent. This made sense, because philosophy seems to offer a good place to start an investigation into a change as big and complex as open borders. I feel that this site (and the “open borders movement” at large) has exhausted the philosophical perspective more than the other perspectives. There’s still work to be done with respect to outreach and refinement, but the most important new ground to break on the question won’t come from a purely philosophical angle.

To the extent that work remains on the philosophical side, I believe it will be something of the sort where we apply philosophical reasoning to concrete, specific problems that exist in the world today. Thus, rather than writing another generic post about the right to migrate, we could argue that open borders is the only ethically consistent way of dealing with refugees and DREAMers.

UPDATE: In the comments of an Open Borders Action Group post by Joel Newman linking to an interview in the New York Times of philosopher Joseph Carens, John Lee excerpts a part of the interview that describes the philosopher perspective:

G.G.: So, why argue for open borders if it is not a feasible policy?

J.C.: Because philosophers should tell the truth as they see it (even when that makes some people mad). And it can be important to gain a critical perspective on existing arrangements, even if we cannot do much to change them at the moment. The feudal system was once deeply entrenched. So was the institution of slavery. For a long time, there was no real hope of changing those social systems. Yet criticism was still appropriate. If we don’t ask fundamental questions about the justice or injustice of our social arrangements, we wind up legitimating what should only be endured.

Wonks and policy catalysts

The wonkish perspective to open borders focuses on finding practical solutions or paths in a public policy context. Wonks are interested in the philosophy and ethics insofar as it tells them what subjects to focus on, and insofar as it provides some moral boundaries within which they can explore alternatives, but they’re more interested in working out the details of proposals that are, or might soon become, practical proposals for serious considerations.

Historically, there have been a lot of migration wonks (see for instance our list of migration information web resources and pro-immigration web resources), but few of them, even those whose recommendations push in the direction of freer migration, have identified with the cause of radically freer migration, let alone with “open borders” as a term. Partly, this could be because they are genuine moderates. Partly, this is because wonks, focused as they are on what’s immediately feasible, may lose sight of the ultimately desirable North Star. There are examples of wonks who, even as they propose moderate keyhole solutions, appreciate open borders as a potential end goal. Michael Clemens and Lant Pritchett come with a more distinctively academic pedigree, but are still focused on finding ways to get from here to there, and advocating for their particular keyhole solutions with governments, the public, and the intelligentsia. A particularly salient example is Clemens’ work on expanding the H-2 program in the United States to Haiti and trying to make it more easily accessibl to Haitians.

There are also a few wonks at libertarian think tanks who address migration-related issues, and at least in principle support radical open borders, even if the proposals they table for immediate consideration are more gradual. Examples include Alex Nowrasteh of the Cato Institute and Shikha Dalmia of the Reason Foundation. And then there are people like Matthew Yglesias who view open borders as a worthy end goal but offer far more moderate proposals for immediate consideration. Moreover, even those who are naturally philosophers can don a wonk’s hat and come up with practical proposals. Open Borders: The Case blogger Nathan Smith’s DRITI proposal (that he designed before this site came into existence) and co-blogger Michelangelo Landgrave’s suggestion of making use of NAFTA’s labor provision are examples.

Open Borders: The Case has represented the wonkish perspective to a fair degree, though somewhat less so than the philosopher perspective. My co-blogger Michelangelo Landgrave’s recent post suggesting next steps for the open borders movement basically argues that it’s time for the open borders movement to shift focus from the philosopher perspective to the wonk perspective.

But there’s a very important third perspective that is often ignored in this context, and may well be more promising than it looks.

Entrepreneurs

Entrepreneurs, like wonks, are focused on practical, immediate changes. However, unlike wonks, the practicality of entrepreneurs is not directed primarily at influencing policy. Entrepreneurs do not assume they have the ear of political decision-makers, or a special seat at the table in political negotiations. Rather, they’re attempting to find ways of attacking problems, starting off as ordinary people (albeit with some financial resources and personal connections).

Philosophers tend to be morally judgmental, telling people and institutions what they should believe and do. Wonks tend to be largely accepting of public opinion and belief systems, and tend to either move it at the margin or attempt to influence government policy holding public opinion fixed. Entrepreneurs try to directly sell stuff to the people, attempting to either change public opinion or ignore it and still provide value to the minority that defies the public. The entrepreneurial perspective hasn’t really been given much importance on Open Borders: The Case, or in policy discussions of migration in general. This makes prima facie sense: the main obstacles to open borders seem like policy obstacles, and policy change seems essential. Apolitical entrepreneurship doesn’t seem like a good fit.

But I’d like to argue that entrepreneurs are more important than that. Consider business like Uber and Airbnb. Both companies (and many others in recent years) began by operating in a legal gray area, but soldiered ahead, despite injunctions and threats from city governments. And at some point, their services had a sufficiently large loyal following from users that city governments couldn’t really shut them down (but at the same time, they got big enough that they couldn’t ignore government threats, so they reached compromise “keyhole solutions”). For concrete examples with Airbnb, see this and this. And Uber co-founder Travis Kalanick’s disregard for legal barriers is part of the reason for the company’s success.

What would the analogous situation be for migration? Illegal immigration similarly represents a challenge to the status quo. Just like Uber has done more to challenge the status quo of highly restrictive taxi medallions than numerous academic papers and think tank reports on the subject, continued illegal immigration has done a lot more to keep the issue of migration restrictions and their effect live than the economic or philosophical literature on the subject could alone. One of the main reasons politicians in the United States even consider passing immigration reform is the large number of illegal immigrants who make the issue salient and hard to sweep under the rug. As my co-blogger Nathan Smith says, “heightening the contradictions” through continued amnesty for illegal immigrants might ultimately be the most feasible path to increasing freedom of migration. There are close parallels between such amnesty and post-facto legalization of the gray area services provided by companies like Uber and Airbnb.

Thus, one could argue that those who facilitate illegal migration directly (as human smugglers or document forgers) or indirectly (by providing legal assistance or employment opportunities to illegal immigrants) are making entrepreneurial moves in the direction of open borders. Such entrepreneurs invoke mixed feelings even among open borders advocates, given that operating a successful business of smuggling people in and forging documents can require engaging in many unethical and even violent activities (partly to avoid border controls, partly because the underground nature of the activity makes legal or open means of recourse difficult). A recent post of mine on snakeheads (human smugglers from China), with a special focus on the recently deceased Sister Ping, went into some detail on this matter. The tactics used by some of these people are several shades worse than Uber’s shady tactics to gain market share.

One doesn’t necessary have to directly help people migrate illegally in order to facilitate illegal migration or use illegal migration to help challenge the status quo. One can also assist illegal immigrants once they have migrated, with jobs, educational opportunities, places to stay, and evading immigration enforcement. These fall within the broad category of civil disobedience, on which we’ve done a few posts before.

That said, it’s not necessary to concentrate solely on breaking the law to make an entrepreneurial impact. Some other, more legally above-board routes of an entrepreneurial nature are described at our migration arbitrage business opportunities page and my philanthropic possibilities blog post. A particularly noteworthy example that I’d love to investigate further is CITA, a nonprofit that helps farmers in the United Stateas connect with people interested in doing farm work in nearby countries such as Mexico, so that they can legally apply for H-2 temporary work visas. There may be similar opportunities in other locations, such as Svalbard, Argentina, the UAE, Singapore, Sweden, and Thailand, where at least nominally there is considerable freedom of migration for people who have a job offer in the receiving country.

The social/moral psychologist

A fourth perspective, that is not seen so much from people when they are trying to push the world towards open borders, but that is a very important complement to such pushes, is that of the social or moral psychologist. Such a person strives to understand the world, and the way that humans are behaving in it. Social scientists are part of this spectrum, while moral psychologists such as Jonathan Haidt are in a different part.

Wonks versus philosophers: two apparent conclusions and why they’re premature

Some might interpret wonks’ apparent practicality as evidence that wonks are more keen to actually see open borders through than philosophers. This is not necessarily true. Many wonks may be motivated at least partly by their paycheck (not that this means they’re saying things they know to be false, but at minimum their proposing practical solutions doesn’t necessarily mean that they are more serious about migration liberalization).

One can also err by interpreting the divide in the opposite way. A person used to wonk-speak may consider a philosopher a starry-eyed extremist who lacks practical sense. But this isn’t necessarily because the philosopher’s actual practical recommendations (if he/she were required to come up with those) would be more extreme, it’s simply that the philosopher is trying to address a different question. Similarly, for those used to moral philosophy, the wonk’s moderation may seem like wussiness, but that may not reflect objective truth. The wonk/philosopher divide is thus closely related to the moderate/radical divide and the moral/practical divide, but it provides a slightly different focal perspective on these divides.

Some hybrids

I think of FWD.us (that we’ve blogged about in the past) as an ill-conceived attempt at an entrepreneur-wonk-philosopher hybrid. Coming from (and attempting to embody) a Silicon Valley culture, FWD.us adopted the machismo of entrepreneurs. It borrowed a little bit from philosophical language, but offered no clear idea of what the underlying moral beliefs were and why. But its proposed path to success was purely wonkish. In light of this confused hybrid, it’s unsurprising that the group hasn’t really been able to achieve much, and that Joe Green, the President and CEO, was ultimately pushed out.

The DREAMer movement offers another interesting kind of hybrid. At one level, DREAMers are entrepreneurs: they’re engaged in openly defying and disobeying an existing system of laws, thereby making the contradictions between those laws and commonsense morality more apparent. At another level, to the extent that they propose, or at least stand behind, policy changes, they are playing the wonk. And to the extent that they directly appeal to people’s conscience about the correct way to treat DREAMers, they are engaging in moral philosophy.

The DREAMer hybrid has ben most successful in the entrepreneurial sense: they were able to acquire sufficient political salience that a DREAM Act has sort-of-been in the works for a while, and in June 2012, Obama passed his de facto DREAM Act called Deferred Action for Childhood Arrivals. The credit goes to DREAMer thought leaders such as Jose Antonio Vargas and his organization Define American, as well as numerous other grassroots organizations that have pushed for the issue. As wonks, the DREAMers have been relatively weak, offering no compelling long-term or robust solution. As philosophers, I think they’ve been even weaker. My co-blogger Michelangelo, himself a DREAMer, takes issue with what he considers flawed DREAMer logic and proposes instead that the DREAMer movement should use the case for open borders as a foundation. Occasional blogger David Bennion has argued that the DREAMer movement, and undocumented organizers at large, could pave the way towards open borders, and cited his own work for the DREAM 30 as an example.

Pro-immigration organizations such as the Immigration Policy Center, not explicitly pro-open borders, offer an interesting hybrid. They’re largely wonkish, but they also engage in and indirectly promote various forms of activism that could be construed as entrepreneurial. Personally, I’ve found their philosophical foundations to be poor. This isn’t necessarily an overwhelming criticism, because they specialize in something else. There is also a somewhat related issue of how their pro-immigration stance could conflict with certain kinds of keyhole solutions, and how they may be reluctant to consider trade-offs that improve greater freedom of migration in exchange for fewer immigrant rights (I discussed this a while back in this post, but there’s a lot more I hope to say on the rights-volume trade-off in future posts, probably referring to the work of Martin Ruhs).

Addendum: philosophers, wonks, and entrepreneurs against migration

The philosopher/wonk/entrepreneur distinction also applies to those who oppose some or all migration. This reference page on our site discusses the various philosophical bases for anti-immigration arguments, and includes commonly used argument types such as citizenism, territorialism, and local inequality aversion. Unsurprisingly, I think that the philosophical bases for arguments against freedom of migration seem weak, but that’s what you’d expect from a blogger on Open Borders: The Case.

The anti-open borders wonkish perspective is represented by organizations such as those listed on the anti-immigration web resources page. In the United States, the most respectable (in the view of legislators) of the anti-immigration think tanks is the Center for Immigration Studies.

What about anti-immigration entrepreneurship? The Minutemen and various other vigilante justice and citizen initiatives to identify and report illegal immigrants come to mind. One could also argue that websites like VDARE offer interesting (if confused) philosopher-wonk-entrepreneur hybrids.

Phillip Cole’s classic summary of the moral case for open borders

Phillip Cole is a professor of ethics at the University of Wales, Newport and recently wrote half of a book arguing that modern egalitarian liberal ideals demand open borders (the other half, written by another ethicist, took the opposite position that states have extremely broad powers to exclude whomever they desire from entering their territory). In December of 2012, he delivered a lecture summarising the ethical arguments for open borders. I urge you to read it in full, even though if you are familiar with the contents of Open Borders: The Case, not much in Cole’s talk should surprise you.

Cole starts by defining open borders, noting that this is not synonymous with “no borders”:

…the right to cross borders is embodied in international law, but only in one direction. Everyone has the right to leave any state including their own. This is a right that can only be over-ridden by states in extreme circumstances, some kind of public emergency which threatens the life of the nation. What we have is an asymmetry between immigration and emigration, where states have to meet highly stringent tests to justify any degree of control over emigration, but aren’t required to justify their control over immigration at all.

In effect all I’m proposing is that immigration should be brought under the same international legal framework as emigration. Immigration controls would become the exception rather than the rule, and would need to meet stringent tests in terms of evidence of national catastrophe that threatens the life of the nation, and so would be subject to international standards of fairness and legality. This is far from a picture of borderless, lawless anarchy.

Cole builds the ethical argument for open borders on 3 pillars. The first is human agency: as human beings with dignity of our own, we are the captains of our own lives. Those who would prevent us from “authoring our own life story,” as he so eloquently puts it, need to meet stringent tests in order to do so:

Human rights constitute a framework that supplies the conditions people need to become empowered to achieve their own humanity on their own terms.

If we place the right to mobility in this context, we see it as an essential component of human agency, such that it is a crucial part of people’s ability to become free and equal choosers, doers and participators in their communities, including the international community.

An illustration of the power of this idea is how unacceptable we would find it if our right to freedom of movement, including the right to settle, was restricted at the national level. It seems surprising to find how easily people accept the idea that it is alright to block people’s freedom of movement at the international level.

Cole’s second pillar rests on global Rawlsianism (the moral argument I typically find most compelling), and he quite unforgivingly tears apart conventional liberal norms that certain moral rights stop at the water’s edge:

I take it that a central commitment within liberal political morality is the moral equality of persons – not citizens, but persons. This is the universalist and egalitarian ethics that has made liberal political thought so dynamic, yet it’s a universalist and egalitarian ethics which some think stops at the national border…

We can’t exclude anybody from the scope of our moral principles unless there’s a morally relevant difference that justifies us in doing so… And yet we don’t seem to consider that the determination of life prospects by the randomness of birth to be rare and exceptional at all –we just accept it as morally legitimate. But how bizarre is that?

His third pillar is that there are no “common sense” arguments for immigration restrictions; you need to build extremely sophisticated ethical arguments in order to do so. He takes on some very sensible and pragmatic objections (the feasibility of maintaining a welfare state, the overriding importance of citizenist principles, the lost sense of community concomitant with rising immigration levels, the risk of a “swamping” catastrophe, etc.) directly and shows how they are impossible to reconcile with modern moral norms. Rather than quote a third of the lecture to you, I urge you to read Cole’s lecture itself.

In closing, Cole turns to some broader questions, and notes that his analysis is troubling for conventional ideas about citizenship. It’s worth noting that one possible reading of Cole is that all barriers to acquisition of citizenship anywhere are unjust (though Cole never makes this claim himself); this claim I would not find convincing. Cole quite wisely devotes most of his lecture to stressing the immorality of existing barriers to movement.

I am in awe of this lecture, primarily because of how well it summarises the moral case for open borders. Cole unpacks a whole host of arguments in a fairly compact amount of time. In a single bracketed throwaway paragraph, for instance, Cole unleashes the novel (at least to me) argument that citizenist policies are ironically only justifiable in a world with open borders:

[Which side of the border you are born on is clearly arbitrary from a moral point of view, and so this can’t be used to justify the moral priority of insider-rights over out-sider rights. The only way location could be used to justify ethical priority is through freedom of choice– if people have freely chosen to be here rather than there. And so the only way an egalitarian liberal can claim that members’ rights have moral priority over the rights of outsiders is if the members have freely chosen to be members and outsiders have freely chosen to be outsiders – in other words, under conditions of freedom of movement. Ironically, it seems that the only thing that can justify the morality of special rights between co-nationals which over-ride rights of non-nationals is, in fact, complete freedom of international movement.]

Michael Clemens’s lecture “The Biggest Idea in Development that No One Really Tried” is to me the classic summation of the economic case for open borders (though it makes a fairly compelling moral case too). Cole’s lecture is, I daresay, a worthy moral case counterpart to Clemens’s.

Are immigration restrictionists pirates?

Restrictionists frequently criticise unauthorised immigration by insisting on respect for the rule of the law. Dodging questions about the justness or reasonableness of immigration law, they continue to insist the law must be respected, independent of any concerns one might have about ethics or practicality. I wonder, then, if these same people have never illegally downloaded anything in their lives.

The parallels between intellectual property theft and immigration are rather interesting. As currently structured, both intellectual property and immigration laws are:

  • Difficult to enforce
  • Rarely consistently enforced except in extremely totalitarian states
  • When enforced, enforced quite arbitrarily
  • Considered unreasonable and/or unethical by many
  • Routinely disregarded by many, both in the developed and developing worlds

All the arguments for rounding up all “illegal immigrants” in the world and deporting them, as well as “tightening” border controls, are equally applicable to intellectual property laws. Governments should more seriously pursue those who illegally download MP3s, books, games, and software. They should take strong punitive action to ensure previous offenders don’t enjoy the fruit of their offenses, and strong preventive action to ensure nobody can offend these laws again. Consider the enforcement parallels:

  • Deport them all
    • Wipe all their hard drives
  • Build a wall
    • Shut down every filesharing website, including YouTube, Facebook, Google, etc.

You may think I’m kidding, but these enforcement parallels exist: when my alma mater finds a student has been using their wireless internet to illegally download or share files, they make them bring in their computer for a scan to ensure all offending material has been deleted. Automated copyright enforcement schemes even took out NASA’s live video feed, when a false positive led YouTube to declare NASA’s live video had violated the copyright of Scripps Local News.

My personal views of intellectual property law are irrelevant to the parallels I’ve drawn here (though if you’re curious, it’s somewhat close to my view of immigration law: quite clearly inadequate and unjust, but some restrictions will remain administratively necessary for the foreseeable future). Whether you support or oppose the current intellectual property legal regime, the parallels are clear to see. What I want to know is, have restrictionists never downloaded something illegally? Never watched a video on YouTube that wasn’t the uploader’s to upload? Never viewed a webcomic or read a PDF that wasn’t the sharer’s to share?

If restrictionists take their own arguments about the rule of law seriously, they should scrupulously avoid benefiting from the flagrant violations of the law entailed by what we consider day-to-day usage of the internet. It doesn’t matter how unreasonable or unenforceable the law is — the law is the law. Sure, piracy isn’t physically stealing from anyone — and neither is crossing an imaginary line some people drew on a map, for that matter. Besides, it’s not like you’re giving up the job that can pull you out of poverty, or giving up all hope of living with your family — all you’re giving up are movies, TV shows, books, and music which you can and should be paying for already. If restrictionists defending the “rule of law” want to be taken seriously, they can start by showing us the way forward in respecting the world’s copyright laws.