Professional Documents
Culture Documents
1NC Semis
1NC Semis
NC)
Framework
[Value] I negate and value a Coherent Concept of Justice, which means establishing a
this value precludes generic justice, as it determines our ability to be just in the first
place.
McConnell: McConnell, Terrance. [Professor of Philosophy, University of North Carolina, Greensboro] “Moral Dilemmas.”
The Stanford Encyclopedia of Philosophy, revised July 25, 2022. https://plato.stanford.edu/entries/moral-dilemmas/ CH
While the examples from Plato and Sartre are the ones most commonly cited, there are many others. Literature abounds with such cases. In Aeschylus’s
Agamemnon, the protagonist ought to save his daughter and ought to lead the Greek troops to Troy; he ought to do each but he cannot do both. And
Antigone, in Sophocles’s play of the same name, ought to arrange for the burial of her brother, Polyneices, and ought to obey the pronouncements of the
city’s ruler, Creon; she can do each of these things, but not both. Areas of applied ethics, such as biomedical ethics, business ethics, and legal ethics, are
also replete with such cases. 2. The Concept of Moral Dilemmas What is common to the two well-known cases is conflict. In each case, an agent regards
herself as having moral reasons to do each of two actions, but doing both actions is not possible. Ethicists have called situations like these moral
dilemmas. The crucial features of a moral dilemma are these: the agent is required to do
each of two (or more) actions; the agent can do each of the actions; but the agent cannot do both
(or all) of the actions. The agent thus seems condemned to moral failure; no matter
what she does, she will do something wrong (or fail to do something that she ought
to do). The Platonic case strikes many as too easy to be characterized as a genuine moral dilemma. For the agent’s solution in that case is clear; it is
more important to protect people from harm than to return a borrowed weapon. And in any case, the borrowed item can be returned later, when the owner
no longer poses a threat to others. Thus in this case we can say that the requirement to protect others from serious harm overrides the requirement to repay
one’s debts by returning a borrowed item when its owner so demands. When one of the conflicting requirements overrides the other, we have a conflict
but not a genuine moral dilemma. So in addition to the features mentioned above, in order to have a genuine moral dilemma it must also be true that
He adds: McConnell, Terrance. [Professor of Philosophy, University of North Carolina, Greensboro] “Moral Dilemmas.” The
Stanford Encyclopedia of Philosophy, revised July 25, 2022. https://plato.stanford.edu/entries/moral-dilemmas/ CH
And this is understandable. It is certainly no comfort to an agent facing a reputed moral dilemma to be told that at least the rules which
generate this predicament are consistent because there is a possible world in which they do not conflict. For a good practical example,
consider the situation of the criminal defense attorney. She is said to have an obligation to hold in confidence the disclosures made by
a client and to be required to conduct herself with candor before the court (where the latter requires that the attorney inform the court
when her client commits perjury) (Freedman 1975, Chapter 3). It is clear that in this world these two obligations often conflict. It is
equally clear that in some possible world—for example, one in which clients do not commit perjury—that both obligations can be
satisfied. Knowing this is of no assistance to defense attorneys who face a conflict between these two requirements in this world. It is
equally clear that in some possible world—for example, one in which clients do not commit perjury—that both obligations can be
satisfied. Knowing this is of no assistance to defense attorneys who face a conflict between these two requirements in this world.
Ethicists who are concerned that their theories not allow for moral dilemmas have more than consistency in mind. What is
troubling is that theories that allow for dilemmas fail to be uniquely action-guiding. A
action at all. Theories that generate genuine moral dilemmas fail to be uniquely
action-guiding in the former way. Theories that have no way, even in principle, of
Hill, Jr. calls “gaps” (Hill 1996, 179–183); they fail to be action-guiding in the latter
way. Since one of the main points of moral theories is to provide agents with
guidance, that suggests that it is desirable for theories to eliminate dilemmas and
gaps, at least if doing so is possible. But failing to be uniquely action-guiding is not the only reason that the
existence of moral dilemmas is thought to be troublesome. Just as important, the existence of dilemmas
does lead to inconsistencies if certain other widely held theses are true. Here we shall
consider two different arguments, each of which shows that one cannot consistently acknowledge the reality of moral dilemmas while
borders avoids creating moral dilemmas – i.e., that affirming does not generate
conflicting ethical obligations. You can treat the burden the same as you would treat a
value criterion.
Thesis/Contention
[Thesis] My thesis and sole contention is that we can’t have two conflicting moral
duties, since that makes one of them impossible to fulfill. Affirming violates the
burden, since:
inevitably conflicts with other duties of statehood, since no state could reasonably accept
all migrants – e.g., Greece, which is on the brink of economic collapse, exacerbated by a
refugee crisis.1 2
Arnaiz 1: Arnaiz, Borja Niño. [Department of Political Science and Public Administration, Universidad Rey Juan Carlos]
“Should we open borders? Yes, but not in the name of global justice.” Ethics & Global Politics, Volume 15. May 2, 2022.
https://www.tandfonline.com/doi/full/10.1080/16544951.2022.2081398 CH
One might criticize this conception of justice for being too narrow. But no conception of justice, not even the
nor does it include the right to choose one’s country of preference (Blake 2020). One
can have access to a sufficient range of means to develop an autonomous life without having free rein to move all over the globe, so it
is difficult to derive the principle of freedom of movement from the requirements of global justice. If freedom of movement is to be
defended, it cannot be done by appeal to global justice. In conclusion, the remedial or instrumental argument fails at justifying
unrestricted migratory rights for everyone, especially for those who already have access to an adequate set of opportunities. What is
more, as we will argue in the next section, global justice may run counter to the very idea of open
justice stands in an unsolvable contradiction with the idea of open borders understood as
1
Marans, Daniel. [Reporter, Huffington Post] “Greece’s Economy Is Getting Crushed Between Austerity and the Refugee Crisis.”
Huffington Post, February 2016. CH
2
https://www.pri.org/stories/2018-11-27/greeces-refugee-crisis-creates-strain-already-fragile-ecosystem
obligations of justice are not unlimited, as enshrined in the Latin legal principle
ultra posse nemo obligatur (no one is obliged beyond what she is able to do). Under
normal circumstances, an act of justice should not place the duty-bearer (that whose
interests and freedom are reduced) in a comparatively worse situation than that of
the rights-holder (that who is benefited by the act).12 If we apply this maxim to
distributive justice, the obligations of the rich towards the poor should not exceed the
point of absolute equality among the parties,13 unless that inequality was the result
egalitarianism, but to notice how any demand for justice (distributive or otherwise)
has its limits. Therefore, if we try to reduce poverty and/or inequality by opening
borders, considering that there are limits to redistributive duties, borders cannot be
always open. If distributive obligations (X) from A to B are discharged in the form of open borders (Y), then borders need not
remain open after a certain point in redistribution has been reached (X ≥ Y). At issue here is the stringency of distributive obligations,
but on no account can they be unlimited. Several objections can be levelled against this approach: 1. The first objection is that open
borders do not significantly alter the final distribution of goods, or else produce the desired effects in terms of redistribution, and so it
would not be necessary to restrict freedom of movement for the sake of justice. In its more modest version, if open borders do not
make a significant change in the final allocation of resources, then what is the point in keeping them open? The ideal scenario would
be that the free flow of individuals by itself (without the intervention of the state) produced fair results over which no adjustment was
necessary. But notice that this implies acknowledging the redundancy of justice, and it is most certainly not what defenders of global
distributive justice hold. In fact, they are usually quite sceptical of nation states and the free will of individuals assigning resources
fairly. They advocate instead for the establishment of supranational democratic institutions with jurisdiction over a number of areas,
including (but not necessarily restricted to) migration and distributive justice.
[Arnaiz 2] Second, OB often conflicts with the stated reasons for opening borders, like
reducing poverty or achieving util. Using those types of goals can obligate states not to
open borders, since we sometimes better reduce poverty or achieve util with closed
borders.
Arnaiz 2: Arnaiz, Borja Niño. [Department of Political Science and Public Administration, Universidad Rey Juan Carlos]
“Should we open borders? Yes, but not in the name of global justice.” Ethics & Global Politics, Volume 15. May 2, 2022.
https://www.tandfonline.com/doi/full/10.1080/16544951.2022.2081398 CH
Freedom of movement: means or end? The appeal to global justice as the rationale for open
borders instrumentalizes the latter for the advance of the first, whereby freedom of
imperfect world (Bauböck 2009). This reasoning entails the risk of not only discounting freedom of movement, but
also releasing those states that are already doing their ‘fair’ share (whatever that might be) from the rest of their responsibilities, such
as abstaining from harmfully coercing peaceful immigrants (Huemer 2010). Open borders as an imperative of global
justice pose a second challenge: if they are conceived as a means in the fight against
inequality and global poverty, freedom of movement no longer has significant value,4
movement would retain its intrinsic value, it would certainly lose its presumptive
value. It would no longer be the default position nor a prima facie right, and so only
under the ‘right’ circumstances would it be allowed. Were we to apply this at the domestic level, the
consequences for freedom of movement would be devastating, since it could arguably be curtailed for reasons of collective welfare.
This has two further implications that should not be overlooked. The first is that, if the common good or the
manipulation and bargaining. It often goes far beyond an imminent danger to national security
or a serious threat to public health – both cases in which internal and external
some point, would states be entitled to close their borders? In fact, it is not necessary
individual state unilaterally close its borders if it considered that it had already
contributed enough via the transfer of income5? In other words, can a state pay to close its borders? After
having condemned so vehemently the happenstance of borders (Velasco 2016a) and their critical impact on people’s lives (Kymlicka
2001), it is striking to suggest that the opening of borders is a simple currency with which to pay our obligations of justice.6 To
sum up, under this instrumental conception, open borders are nothing but a strategy to
achieve a political goal – the reduction of poverty and global inequality –, subject to
distributive obligations have been realized (wherever the threshold may lie),
freedom of movement would lose its raison d’être, becoming something superfluous
and therefore dispensable. After all, if the reason to open our borders is the concern for
the global poor, what prevents us from closing them once justice has been done? In the
end, we might jump at similar conclusions to those who defend the right to exclude.7
TURNS CASE – if the point of the aff is to promote util/equality, then any time OB
conflicts with that duty, justice would require closing borders, not opening them, which
Professor David Martin shows: Martin, David A. [Nonresident Fellow at MPI and the Warner-Booker Distinguished Professor
of International Law at the University of Virginia] “What Makes Migration Control Morally Legitimate?” The University of California, Berkeley,
School of Law, 2017. https://www.law.berkeley.edu/wp-content/uploads/2016/01/What-Makes-Migration-Control-Morally-Legitimate_-10-27-
2017_David-Martin.pdf CH
But the political reality is more complex. Expanding populations bring strains. When the expansion derives mainly from the addition of persons
from other cultures and languages, the strains are magnified. In a democracy, those strains can ignite or feed political reactions. This has been a
theme or worry in many philosophical explorations of the morality of immigration control, from Sidgwick through Ackerman, Walzer, Paul
Collier, and others. In various formulations, they warn that at some point the friction from relatively uncontrolled
migration will fuel right-wing or reactionary political movements, potentially resulting not
only in authoritarian government but also significant new restrictions on future migration.
These writers describe a classic instance of where the perfect (exceptionally generous migration openings fully true to the principle of equal
moral worth) is the enemy of the good (maintaining reasonably high immigration levels in a context of law observance, control, and selection).
Back in the 1990s, this theme of democratic political vulnerability (or fragility) evoked a lot of skepticism from my immigration law class. The
Soviet Union had just disbanded, and nations formerly in its bloc were launching new democracies and joining the European Union or the
European Convention on Human Rights. Protesters erected a copy of the Statue of Liberty in Tiananmen Square. Wars were ending in Latin
America, and military governments were yielding to electoral politics. The tide toward democracy, in Europe, Asia, and South America seemed
powerful enough to absorb many blows. And in that environment, some student interlocutors treated these writer’s warnings as a kind of embrace
of the heckler’s veto: Okay, some reactionaries are going to object to immigrants. Big deal. Instead of caving to them and cutting immigration
way back, we just need courageous leadership to face them down. Two reactions: First, the writers were not necessarily making a case for cutting
migration drastically, but merely arguing the legitimacy of deliberate controls chosen and enforced by the receiving society, as a means of
achieving reasonable limits and thereby minimizing political backlash. And second, the writers’ stance generally presupposed a commitment on
the part of political leaders to resisting calls toward radical retrenchment. But courageous democratic leadership, to be effective, still has to be
alert to those concrete steps or background policies that nurture and sustain the support of enough followers to make the resistance successful. If
global trends ran strongly against the political fragility argument in the 1990s, the events of the last three years or so in Europe and North
America now offer much more solid experiential support for the claim. They at least suggest that high levels of migration – or
more precisely the perception of seemingly uncontrolled migration – does contribute toward
dangerous strengthening of reactionary movements, in a way that can present real risks to
rights-protecting liberal democracies. The background setting during this period was dominated by heavy flows
of asylum seekers to Europe, most dramatically by sea to Italy or Greece. A high percentage of the migrants were fleeing the
brutal war in Syria, but the flow was also joined by asylum seekers from Afghanistan and Iraq, as well as sub-Saharan Africa and other source
countries. According to UNHCR statistics, Mediterranean crossings by asylum seekers reached 219,000 in 2014, and then accelerated so that the
same count in the first eight months of 2015 exceeded 310,000 –200,000 to Greece and 110,000 to Italy. The drama of the dangerous sea passage
and the suffering of the travelers received massive world coverage, including chilling photos of the lifeless body of three-year-old Aylan Kurdi at
waterline on a Greek beach. On August 23, clearly moved by the humanitarian plight of the asylum seekers, Chancellor Angela Merkel and other
European leaders announced that they would waive certain treaty restrictions that might have kept all these migrants in Greece and Italy, and
would seek to rally support from throughout Europe to take extraordinary measures for the reception of these large new numbers in countries
throughout the continent. This was a noble and welcome humanitarian departure, but it quickly resulted in an even larger wave of migrants. The
expanded volume exposed the failure of the governments involved to develop even rudimentary systems for efficient handling of the onward
movement from the countries of first arrival. From late August 2015 through the end of that calendar year, Greece alone received 656,000
additional sea arrivals – who were then largely reduced to self-help to make their way north. The determination and the disorder of the migrating
population were captured in startling photos showing thick columns of asylum seekers filling entire lanes of superhighways as they trudged north,
day after day, toward distant towns where they hoped to catch a train to wealthy Germany or its neighbors. Hard-right parties in
many European countries had been gaining support for years by sounding immigration
alarms. The rising flow in the fall of 2015 greatly boosted their efforts. The right-wing Law and Justice
Party came to power in Polish elections in October 2015, and its Parliamentary majority began a steady
campaign of weakening or dismantling democratic checks and balances (to the point that
Poland was placed under EU sanctions in July 2017). And the new waves of migration were
grip (as his military strung razor wire along the borders where asylum seekers might
venture on their way north). Polls showed considerable early strength for hard-right anti-immigrant parties in other countries facing
upcoming elections, suggesting strong early chances to win control of the government in Austria and the Netherlands. Although the welcoming
policy adopted in August 2015 by European leaders responded to real humanitarian needs and had enjoyed varying degrees of domestic support,
its open-ended nature triggered growing concern and opposition. Chaotic arrivals placed visible strains on receptive capacity and raised doubts
about security screening at a time of deadly terrorist activity in France, Belgium, and other countries. Increasingly aware that European domestic
politics were being poisoned by the perception of uncontrolled migration, EU leaders were moved to change policy. On March 18, 2016, they
announced an EU agreement with Turkey, the primary starting point for most of the northbound Syrian refugee flow, which succeeded in sharply
reducing the flow. Controversy persists over the terms of that agreement and its consistency with human rights and refugee treaties. But the new
policy produced a highly visible impact on the numbers. Greece’s total of sea arrivals in 2016 fell to 173,000, still quite high but nearly 700,000
below the previous year’s experience. The slowed traffic also enabled better management and reception. This reassertion of stronger migration
control appears to have had important political impact. The candidate for the anti-immigrant Freedom Party in Austria gained a strong plurality in
the first round of Presidential elections in April 2016, but in May’s runoff election between the two top vote-getters, he fell just short of victory,
with 49.7 percent. Immigration alarms also played a role in the Brexit referendum of June 2016. Though concerns in the United Kingdom were
focused less on refugee flows and more on job competition from workers migrating from elsewhere in the EU, worries about unconstrained
migration certainly contributed to the surprising and narrow win for the Leave faction. In the Netherlands, the party of the bitterly anti-immigrant
and anti-Muslim leader Geert Wilders led in polls through most of the campaign leading up to parliamentary elections in March 2017. In the end,
his party fell short of a majority, though it did gain five seats. (Wilders said that despite the outcome, “the genie will not go back into the bottle,”
and he bragged that his efforts had pushed many right-leaning parties to adopt tougher stances on immigration.) In France, Marine LePen’s
National Front party showed considerable strength in polling, highlighting alarms over immigration, and she became one of the two finalists in
the Presidential vote May 2017. By that time the EU actions had abated the large-scale flow of migrants to Europe, and she ultimately lost to
Emanuel Macron, who received 66 percent of the vote. This still marked the highest total of votes that a French far-right party had received in
presidential elections. In Germany, any backlash against the unruly flow that Merkel had helped to create with her August 2015 announcements
was mitigated by the results of the March 2016 policy change and the resultant switch to more orderly and far smaller-scale refugee reception.
Although Merkel’s party did lose some ground in the September 2017 parliamentary elections, she will remain Chancellor. Meantime, however,
a right-wing nationalist party gained a foothold in the Bundestag for the first time in 60
years, as the anti-immigrant AfD party won the third-highest party total, with 13.5 percent of the vote.
And perhaps the most immediately worrying outcome, based on actual electoral victories,
came in the United States in November 2016. This happened even though, objectively, the U.S. system in recent years has not been
subject to nearly the same magnitude of irregular arrivals nor to the same immigration strains as Europe. Indeed, the net unauthorized population
in the United States has not grown for 10 years, and the average unauthorized flow across the southern border for the last five years is at its
lowest level since the 1970s. But those scenes from the European superhighways played on Fox News as
well as CNN and MSNBC in 2015 and 2016. And comprehensive immigration reform
legislation, despite gaining 68 votes in the Senate in 2013, had never come up for a vote in the House. This
failure left the field open for attack slogans disparaging what is widely called (but for highly disparate reasons) a
failed immigration system. A surge of Central American asylum seekers in 2014 and 2016
provided a basis for more alarmism, and Donald Trump beat those drums expertly to expand
and energize his base. His grossly distorted but electorally savvy claims about Democratic failures to
assert effective control over migration certainly contributed to his shocking electoral victory.
And in the wake of that victory, in the name of reasserting control, he has proposed
dramatic retrenchments in immigration policy. Further, his victory significantly threatens the
social safety net for citizens, and it also presages regressive public policy in dozens of other
unrelated arenas.
Arniaz: Arniaz, Borja N. [Master of Research Applied to Communication Education, Universidad Rey Juan Carlos.] “Should we
open borders? Yes, but not in the name of global justice” Informa UK Limited, May 26, 2022.
https://doi.org/10.1080/16544951.2022.2081398 EM
However, a human right to migrate must be understood as the right of every human
and establish their residence in any country. And, as such, ‘it attaches as much to
the rich Canadian wishing to settle in Germany as it does to the desperate Somali
trying to cross the border into Kenya’ (Miller 2016a, 49). We can now clearly see how these remedial policies
come into conflict with the very idea of freedom of movement. In all these cases, the state would be favouring one type of immigration over another, or to put it bluntly, it would
be restricting the freedom of movement of the relatively better-off for the benefit of the least advantaged.10 One could plausibly respond that both kinds of migration (qualified
and unqualified, rich and poor) are in fact compatible, since qualified migrants contribute to the economy of the receiving country, thus compensating for an eventual cost imposed
by less qualified migrants. Thus, all things considered, domestic distributive justice would go unaffected. This makes some sense, but as we
have already said, insofar as migration is subject to terms and conditions, it is not
free. From the moment that borders are placed at the service of redistribution, the
honourable cause of global justice perverts the very idea of open borders, since it
legitimizes the promotion of one type of immigration (that of the relative poor) and
the limiting of another (that of the relative rich). As a result, freedom of movement and open borders become empty
signifiers. By this we do not pretend to suggest that such policies are necessarily unjust, but rather that the idea of open borders is not compatible with that of global distributive
justice. In fact, global justice could under certain circumstances justify the imposition of severe restrictions on mobility and even the obligation to remain in one’s country. If
justice is concerned with the needs of the disadvantaged, just as it would not be
morally wrong to prevent a rich person from entering a soup kitchen or to deny her
the minimum subsistence income, to what extent would a government act badly if it
forbade her entry into the country? Distributive justice, by its very nature, requires us to put needs in order of priority, and to give some
(the most pressing) preference over others (the least pressing). To this end, it might be helpful to distinguish between interests and rights. Just as my interest in a particular thing
does not always give rise to a right to that thing, many of the claims of potential immigrants, however strong and legitimate, are not always adequately captured by the language of
justice. And if what takes us to open our borders are the claims of justice, when there is no such claim, we are under no corresponding obligation to open them. According to Blake
(2020) and Miller (2016b), what justice requires is access to a sufficient range of options.11 In this
sense, a state could not be accused of injustice for prohibiting the entry of persons
whose only motivation was the maximization of their options, provided that they
were already adequately covered in their country of origin. Similarly, it would not be unfair to deny entry to a
person whose claims could be adequately addressed where she was currently living (Wellman and Cole 2011). One might criticize this conception of justice for being too narrow.
But no concep- tion of justice, not even the most ambitious one, could plausibly demand an unrest- ricted freedom of movement, nor does it include the right to choose one’s
country of preference (Blake 2020). One can have access to a sufficient range of means to develop an
autonomous life without having free rein to move all over the globe, so it is difficult
justice. If freedom of movement is to be defended, it cannot be done by appeal to global justice. In conclusion, the remedial or instrumental argument fails at justifying
unrestricted migratory rights for everyone, especially for those who already have access to an adequate set of opportunities. What is more, as we will argue in the next section,
global justice may run counter to the very idea of open borders.
THEY DON’T SOLVE — this is an issue with violence against women being
normalized in societies, not with the existence of borders — they create Band-Aid
solutions without actually resolving the harms