Chandran Kukathas
I am a Malaysian-born Australian political philosopher and currently the Dean of the School of Social Sciences at Singapore Management University. I have written on a variety of topics, including: immigration, refugees, multiculturalism, freedom, toleration, liberalism, libertarianism, socialism, conservatism, nationalism, justice, equality, and the state. I have also written on the history of political thought, including books or papers on: F.A.Hayek, John Rawls, David Hume, Pierre Bayle, Adam Smith, and Jean-Jacques Rousseau.
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These are the words penned by an innocent man in the few moments granted to him to before he is lynched by men convinced of his guilt. They are heard for the first time in the film, The Ox-Bow Incident, in this final scene when the letter is read aloud to those who now know they are guilty of murdering the writer. As Henry Fonda speaks the dead man's words his eyes are obscured by the brim of another man's hat, as if to emphasise that these words spring from the lips of Justice, whose blindness symbolizes her impartiality and, so, her unwavering commitment to what is right. Law, justice, right, civilization, humanity, conscience, God. Not only are these notions intertwined but they also described how we are all linked: by law, by the justice it serves, and by the faculty called conscience, which contains within it the possibility of civilization. Reading Martha Nussbaum's spirited defence of Liberty of Conscience, I could not help recalling this particular scene from one of America's most famous westerns.
Kukathas shows that immigration control is not merely about preventing outsiders from moving across borders. It is about controlling what outsiders do once in a society: whether they work, reside, study, set up businesses, or share their lives with others. But controlling outsiders—immigrants or would-be immigrants—requires regulating, monitoring, and sanctioning insiders, those citizens and residents who might otherwise hire, trade with, house, teach, or generally associate with outsiders. The more vigorously immigration control is pursued, the more seriously freedom is diminished. The search for control threatens freedom directly and weakens the values upon which it relies, notably equality and the rule of law. Kukathas demonstrates that the imagined gains from efforts to control immigration are illusory, for they do not promote either economic prosperity or social solidarity. Nor does immigration control bring self-determination, since the apparatus of control is an international institutional regime that increases the power of states and their agencies at the expense of citizens. That power includes the authority to determine who is and is not an insider: to define identity itself.
Looking at past and current practices across the world, Immigration and Freedom presents a critique of immigration control as an institutional reality, as well as an account of what freedom means—and why it matters.