Monday, August 26, 2013
Singer on Property, Poverty, and Immigration
Joseph Singer (Harvard) has posted Titles of Nobility: Property, Poverty, and Immigration in a Free and Democratic Society on SSRN. Here's the abstract:
This keynote address was delivered at the AALS conference on Property, Poverty, and Immigration in June 2013.
Both
property and immigration are premised on exclusion yet both human
rights and democratic norms require us to treat every human being with
equal concern and respect. While neither sovereigns nor owners can have
completely open borders, they have obligations to respect the human
dignity of "the stranger." Biblical sources link the stranger with the
poor and develop a version of the Golden Rule that requires both to be
accorded "love." The related secular principle of equal concern and
respect means that poverty is, in principle, incompatible with the norms
of a free and democratic society. That principle is embodied in the
constitutional prohibition on titles of nobility which mandates treating
every human being as of equal value and importance. While the nobility
clauses do not mandate particular policies, they do outlaw treatment
that places some as occupying a lower status than others.This has
consequences for both immigration and property law, as well as laws and
policies designed to alleviate and prevent poverty.
Steve Clowney
https://lawprofessors.typepad.com/property/2013/08/singer-on-property-poverty-and-immigration.html