Luck Egalitarianism and the Rights of Immigrants

AuthorNils Holtug
Date01 June 2017
DOIhttp://doi.org/10.1111/raju.12149
Published date01 June 2017
Luck Egalitarianism and the
Rights of Immigrants
NILS HOLTUG*
Abstract. This article considers the implications of luck egalitarianism for a range
of issues relating to international, South-North migration. More specifically, the
implications of luck egalitarianism fo r the question of wheth er receiving societ ies
are justified in ex tending to immigr ants a less compreh ensive set of right s than
that enjoyed by other members of society are considered. First, are voluntary
migrants respons ible for their migra tion in such a way that re ceiving societi es are
justified in extending to them a less comprehensive set of rights than if, say, they
had been involuntary migrants, or citizens of the destination country? Since luck
egalitarianism aims to redistribute only for inequalities for which individuals are
not responsible, there is an issue of whether it will hold individuals responsible
for their choice of mig ration in such a way that it may justify asymmetrical sets of
rights between voluntary immigrants and other members of society. Second, it
may be possible to allow access for a larger number of disadvantaged migrants if
they are granted acce ss to a less extensive p ackage of rights when they reach the
destination country than if they were granted access to a more extensive such
package. If so, may not the less extensive package of rights turn out to have a
greater positive impact on global equality? Both these arguments are critically
discussed and it is concluded that neither justifies extending to immigrants a less
comprehensive set of rights.
1. Introduction
According to luck egalitarianism, it is unfair for some individuals to have lower
levels of advantages than others, through no responsibility of their own. In this
article, I consider the implications of luck egalitarianism for a range of issues relat-
ing to international migration. I focus on South-North migration, because this raises
some particularly important and interesting questions of justice, both in light of the
* For commentson an earlier version of thispaper, I would like to thank ChrisArmstrong, Rich-
ard Arneson, Gustaf Arrhenius, Ben Bradley, Roger Crisp, Marc Fleurbaey, Klemens Kappel,
Nana Kongsholm, Kasper Lippert-Rasmussen, Jeff McMahan, David Miller, Mathias Risse,
Shlomi Segall,Peter Vallentyne, and in particularKieran Oberman. Furthermore, I wouldlike to
thank audiencesat the University of Antwerp2013, the University of Copenhagen2013, the Uni-
versity of Oxford,and the ISUS conference in Yokohama 2014.
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C2016 The Author. Ratio Juris V
C2016 John Wiley & Sons Ltd.
Ratio Juris. Vol. 30 No. 2 June 2017 (127–143)
gross inequality in individual advantage levels between the global North and the
global South, and in light of the religious and cultural differences to which such
migration will often give rise in destination countries.
More specifically, I consider the implications of luck egalitarianism for the ques-
tion of whether receiving societies are justified in extending to immigrants a less
comprehensive set of rights than that enjoyed by other members of society. Even
more specifically, I consider the following two questions. First, are voluntary
migrants responsible for their migration in such a way that receiving societies are
justified in extending to them a less comprehensive set of rights than if, say, they
had been involuntary migrants, or citizens of the destination country? Since luck
egalitarianism aims to redistribute only for inequalities for which individuals are
not responsible, there is an issue of whether it will hold individuals responsible for
their choice of migration in such a way that it may justify asymmetrical sets of
rights between voluntary immigrants and other members of society.
When answering this first question, I consider the implications of what we may
call “domestic” luck egalitarianism. According to domestic luck egalitarianism, the
scope of the luck-egalitarian principle is restricted to particular nation-states in the
sense that it is only inequalities between members of the same state that are unfair
(provided, of course, these inequalities are not linked in the relevant way to
responsible agency). According to global luck egalitarianism, on the other hand,
luck egalitarianism has global scope in the sense that inequalities between individ-
uals are unfair independently of their nationality, citizenship, ethnicity, race, and
the like (again, provided these inequalities are not linked to responsible agency).
The reason why I focus on domestic luck egalitarianism in relation to the first ques-
tion is that the responsibility-based argument for not extending a full set of rights
to immigrants usually assumes such a narrow scope. That is, it is presented as an
argument for why immigrants need not have access to all the rights that citizens of
their destination society have.
My second question pertains to the fact that whereas egalitarians (and many
others) often object to various asymmetries in the rights held by citizens and (at
least long-term) immigrant residents, there is a question as to whether global luck
egalitarianism can motivate such an objection, or at least motivate it as well as
domestic forms of egalitarianism can. This is because while presumably such
domestic asymmetries increase domestic inequality, it is not so clear that they also
always increase inequality on a global scale. One reason for this is that it may be
possible to allow access for a higher number of disadvantaged migrants if they are
granted access to a less extensive package of rights when they reach the destination
country than if they are granted access to a more extensive such package, where
the less extensive package of rights may turn out to have a greater positive impact
on global equality.
I should emphasize that my concern here is only with the implications of luck
egalitarianism for migration. Thus, there are a number of further political princi-
ples that have implications for immigration and that some theorists may wish to
combine with luck egalitarianism, that I nevertheless ignore. Finally, for simplicity,
when I refer to “immigration” in the following, it is a reference to the migration of
worse-off individuals from the global South to liberal democracies whose members
are (on average) much better off, unless otherwise stated.
128 Nils Holtug
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C2016 The Author. Ratio Juris V
C2016 John Wiley & Sons Ltd. Ratio Juris, Vol. 30, No. 2

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