Cited by 122Migration and Labor DynamicsEmployment and Welfare StudiesMigration, Refugees, and Integration

Can Brain Drain Justify Immigration Restrictions?

Open access
Oberman, Kieran·2013·Ethics

Abstract

This article considers one seemingly compelling justification for immigration restrictions: that they help restrict the brain drain of skilled workers from poor states. Yet this article finds that justifying immigration restrictions on brain drain grounds is far from straightforward. For restrictions to be justified, a series of demanding conditions must be fulfilled.

Integrity signals

Registry

Crossref · 10.1086/669567

Cites

30 of 30 references verified0 citation errors · 0 not checkable

Statistics

Nothing to recompute.

Claims the paper makes

0 of 16 cited sources checked · 0 supported · 0 flagged

  • Findingcitation

    Many skilled workers fall into one or more of the groups facing unreasonably high costs of staying.

    “Unfortunately, many skilled workers fall into one or more of these groups.”
    Quote in the paperSubstantial claim
  • Findingown data

    War and civil conflict have been important factors in prompting skilled workers to leave.

    “War and civil conflict have also been important factors in prompting skilled workers to leave.”
    Quote in the paperSubstantial claim
  • Findingcitation

    In a study of Zimbabwean health professionals, 68.5 percent said they found it difficult to live on their earnings.

    “In a study of Zimbabwean health professionals, 68.5 percent said they found it difficult to live on their earnings.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Chikanda, 2006 source
  • Findingcitation

    Across the developing world, health professionals are routinely forced to take on additional work just to get by.

    “Across the developing world, health professionals are routinely forced to take on additional work just to get by.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Connell, 2010 source
  • Findingnone given

    Iraq lost up to 8,000 of its 17,000 doctors after the 2003 invasion.

    “Iraq lost up to 8,000 of its 17,000 doctors after the 2003 invasion.”
    Quote in the paperNot a substantial claim
  • May combine two claims. 29
  • Classified as probably not a substantial claim. 52
  • May combine two claims.

    Findingnone given

    Liberia had 400 doctors prior to war in 1989, but only twenty by the time the war ended in 2003.

    “Liberia had 400 doctors prior to war in 1989, but only twenty by the time the war ended in 2003.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Findingcitation

    The monthly wage of a nurse in Zambia is $299, less than the $350 a family needs for food.

    “The monthly wage of a nurse in Zambia is a mere $299; this is less than the $350 a family needs for food.”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites Lusalle, 2007

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Findingnone given

    There is a shortage of clinical gloves and high incidents of needle-stick accidents during vaccinations.

    “There is a shortage of clinical gloves and high incidents of needle-stick accidents during vaccinations.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationreasoning

    Brain drain does provide a successful argument for some immigration restrictions, but it fails to justify restrictions beyond a small minority of cases.

    “Brain drain does provide a successful argument for some immigration restrictions, but it is an argument that fails to justify restrictions beyond a small minority of cases.”
    • Also stated in: § Kieran Oberman · plain
      “Brain drain does function as the basis for a successful argument for some immigration restrictions, but it is an argument that is of little use to anyone who wishes to defend restrictions outside a small minority of cases.”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S4 (based).

    Interpretationnone given

    The revenue from emigrant taxation could potentially be so large that skilled workers benefit their poor compatriots more from abroad than they would by staying home.

    “The revenue from such taxation could potentially be so large that the skilled workers benefit their poor compatriots more from abroad than they would do by staying home.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning

    To coerce people to get them to labor for others, without first establishing that they have a duty to labor, is to come too close to treating them merely as a means to be acceptable.

    “To coerce people to get them to labor for others, without first establishing that they have a duty to labor, is to come too close to treating them merely as a means to be acceptable.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S4 (based).

    Interpretationnone given

    Immigration restrictions can only be justified if a skilled worker owes assistance to her poor compatriots.

    “Immigration restrictions can only be justified if a skilled worker owes assistance to her poor compatriots.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S4 (based).

    Interpretationnone given

    A rich state can justify imposing immigration restrictions against a skilled worker on brain drain grounds only if the skilled worker has a duty to stay in her state of origin to provide the assistance she owes her poor compatriots.

    “2. The skilled worker has a duty to stay in her state of origin to provide the assistance she owes her poor compatriots.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S4 (based).

    Interpretationnone given

    A rich state can justify imposing immigration restrictions against a skilled worker on brain drain grounds only if the rich state has the legitimacy to impose counter-brain-drain immigration restrictions.

    “4. The rich state has the legitimacy to impose counter-brain-drain immigration restrictions.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Premisereasoning

    Immigration restrictions unquestionably curtail individual liberty.

    “Immigration restrictions unquestionably curtail individual liberty.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Premisenone given

    Everyone has an agent-centered prerogative allowing them to resist duties that are too burdensome.

    “everyone has an agent-centered prerogative allowing them to resist duties that are too burdensome.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning

    The duty of assistance is not limitless.

    “one need not think the duty of assistance is limitless.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Interpretationnone given

    Most skilled workers will owe some measure of assistance to their poor compatriots.

    “It seems plausible that most skilled workers will owe some measure of assistance to their poor compatriots.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationreasoning

    Even if no contract was signed, a skilled worker is under an obligation of repayment if she consented to receive the training, knew the training was provided in the expectation that she would benefit her poor compatriots, and her state can ill afford to provide such training for free.

    “But even if no such contract was signed, I think a skilled worker would be under an obligation of repayment, assuming that ðiÞ she consented to receive the training, ðiiÞ she knew the training was provided to her in the expectation that she would go on to benefit her poor compatriots, and ðiiiÞ her state can ill afford to provide such training for free.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S4 (based).

    Interpretationnone given

    A rich state can justify imposing immigration restrictions against a skilled worker on brain drain grounds only if it is permissible to enforce a skilled worker's duty to stay and assist her poor compatriots using immigration restrictions.

    “3. It is permissible to enforce a skilled worker's duty to stay and assist her poor compatriots using immigration restrictions.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Interpretationnone given

    An emigrant tax may fail because there may be problems in collecting or spending the emigrant tax revenue.

    “there may be problems in collecting or spending the emigrant tax revenue.”
    Quote in the paperNot a substantial claim
  • Classified as probably not a substantial claim. May combine two claims.

    Interpretationreasoning

    If a foreigner moves to a poor country, she must abandon these attachments, but this is not true of the native who stays.

    “If a foreigner moves to a poor country, she must abandon these attachments, but this is not true of the native who stays.”
    Quote in the paperSubstantial claim
  • May combine two claims.

    Interpretationreasoning

    Unless skilled workers have a duty to stay and assist their poor compatriots, they should not be prevented from migrating.

    “Unless they have a duty to stay and assist their poor compatriots, they should not be prevented from migrating.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Premisenone given

    General duties do not require native skilled workers to make any greater sacrifice for their poor compatriots than skilled workers from other countries who are equally able to assist.

    “general duties do not require native skilled workers to make any greater sacrifice for their poor compatriots than skilled workers from other countries who are equally able to assist”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Premisenone given

    To demand that someone stay when she wants to move is to demand that she accepts a significant additional burden.

    “To demand that someone stay when she wants to move is to demand that she accepts a significant additional burden.”
    Quote in the paperNot a substantial claim
  • Classified as probably not a substantial claim. May combine two claims.

    Premisereasoning

    Four plausible examples of skilled workers threatened by unreasonably high costs are those separated from immediate family, those living in fear of persecution, civil conflict, or widespread violence, those living in severe poverty, and those working in dangerous conditions.

    “Let me suggest four plausible examples of skilled workers threatened by unreasonably high costs: ð1Þ those separated from their immediate family, ð2Þ those living in fear of persecution, civil conflict, or widespread violence, ð3Þ those living in severe poverty, and ð4Þ those working in dangerous conditions.”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Premisereasoning

    Coercion should only be used against a person when that person is subject to a moral duty.

    “The general rule here is that coercion should only be used against a person when that person is subject to a moral duty.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Interpretationnone given

    A skilled worker might be able to provide the assistance she owes from abroad were the right institutions in place.

    “A skilled worker might be able to provide the assistance she owes from abroad were the right institutions in place.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning

    It is unreasonable to expect anyone to sacrifice these goods in order to do work that benefits her compatriots.

    “It is unreasonable to expect anyone to sacrifice these goods in order to do work that benefits her compatriots.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning

    Some people, particularly comparatively privileged people from rich states, have a duty to go and do essential work in poor states, at least for a time.

    “The idea that some people, particularly comparatively privileged people from rich states, have a duty to go and do essential work in poor states, at least for a time, does not seem so strange.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Premisereasoning

    If one consumes the resources of the poor in the knowledge that they expect reciprocation, one has a duty to reciprocate in the manner they desire or at least repay them the costs of the resources consumed.

    “If one consumes the resources of the poor in the knowledge that they expect reciprocation, one has a duty to reciprocate in the manner they desire or at least repay them the costs of the resources consumed.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning

    If even some foreign skilled workers have a duty to move to poor states, then the problem must be reconceptualized as one of 'brain shortage' rather than 'brain drain'.

    “if even some foreign skilled workers have a duty to move to poor states, then we seem required to reconceptualize the problem.”
    • Also stated in: § II. A DU T Y TO ASSIST · hedged
      “the problem would cease to be best described as one of 'brain drain' but rather one of 'brain shortage'”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S4 (based).

    Premisenone given

    People tend to have strong social attachments binding them to their home state.

    “People tend to have strong social attachments binding them to their home state.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Premisereasoning

    People who are better able to assist may be required to make further sacrifices.

    “people who are better able to assist may be required to make further sacrifices.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

    Interpretationreasoning

    Since the freedom to cross borders is a basic liberty, it should only be restricted for the sake of ensuring that desperately poor people receive the assistance they are owed, not for the sake of avoiding unfairness to rich states.

    “Since the freedom to cross borders is a basic liberty, the freedom should only be restricted for the sake of ensuring that desperately poor people receive the assistance they are owed, not for the sake of avoiding unfairness to rich states.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S4 (based). May combine two claims.

    Interpretationreasoning

    A skilled worker has a duty to stay in her state of origin to provide the assistance she owes her poor compatriots if and only if she will not face an unreasonably high cost in staying.

    “ii.She will not face an unreasonably high cost in staying.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

    Interpretationcitation

    A skilled worker may have a duty to stay in her home state in order to provide her fair share of assistance.

    “This is true even though skilled workers may have a duty to stay in their home state in order to provide their fair share of assistance.59”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [59]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Premisenone given

    It is unfair if rich states have to provide extra assistance to make up for a failure by skilled workers to fulfill their duties to their poor compatriots.

    “I accept that it is unfair if rich states have to provide extra assistance to make up for a failure by skilled workers to fulfill their duties to their poor compatriots.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

    Interpretationreasoning

    The British taxpayer in the British doctor case and rich states in the case of skilled workers must pay more.

    “The British taxpayer in the British doctor case and rich states in the case of skilled workers must pay more.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S4 (based). May combine two claims.

    Interpretationreasoning

    A rich state has the legitimacy to impose counter-brain-drain immigration restrictions if it is not seeking to enforce a skilled worker's secondary duty of assistance that the skilled worker only has because the rich state has failed to fulfill its primary duty of assistance.

    “Or at least: ii.The rich state is not seeking to enforce a skilled worker's secondary duty of assistance that the skilled worker only has because the rich state has failed to fulfill its primary duty of assistance.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S4 (based).

    Interpretationreasoning

    A rich state has the legitimacy to impose counter-brain-drain immigration restrictions if it is committed to fulfilling its duty of assistance toward the skilled worker.

    “iii.The rich state is committed to fulfilling its duty of assistance toward the skilled worker.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationreasoning

    A rich state has the legitimacy to impose counter-brain-drain immigration restrictions if it has fulfilled its own duty of assistance to the global poor.

    “Condition 4. The rich state has the legitimacy to impose counterbrain-drain immigration restrictions. The rich state has this legitimacy if: i.It has fulfilled its own duty of assistance to the global poor.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationreasoning

    Immigration restrictions violate not only the basic liberties of foreigners but those of citizens as well.

    “As such, they violate not only the basic liberties of foreigners but those of citizens as well.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).

    Premisenone given

    This conception of basic liberties is conventional.

    “This conception of basic liberties, as extensive but also bounded and nonabsolute, is a conventional one.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationreasoning

    In both cases, while the solution represents an unfairness to those who must provide extra assistance, it is nevertheless required, since curtailing the workers' freedom to migrate or denying their compatriots some basic good are unacceptable.

    “And in both cases, while such a solution represents an unfairness to those who must provide this extra assistance, it is nevertheless required, since the two alternative solutions, of curtailing the workers' freedom to migrate or denying their compatriots the provision of some basic good, are unacceptable.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

    Premisenone given

    Each person's basic liberties are bounded by the rights and liberties of others.

    “Each person's basic liberties are bounded by the rights and liberties of others.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationcitation

    A skilled worker who has a duty to stay also has a right to violate that duty because she has a basic liberty to migrate.

    “A skilled worker may have a duty to stay, but, since she has a basic liberty to migrate, she also has a right to violate her duty.60”
    Quote in the paperSubstantial claim0 of 1 sources checked
    • cites [60]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Interpretationnone given

    In the case of almost all skilled workers, condition 1 will be fulfilled.

    “In the case of almost all skilled workers, condition 1 will be fulfilled.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

    Interpretationreasoning

    Immigration restrictions overreach individual rights of refusal, turning the preferences of some into the law for all.

    “Immigration restrictions overreach individual rights of refusal, turning the preferences of some into the law for all.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

    Premisereasoning

    Basic liberties are neither unbounded nor absolute.

    “basic liberties are neither unbounded nor absolute.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S4 (based). May combine two claims.

    Premisenone given

    If people in poor states are left without the assistance to which they are entitled, their needs are left unfulfilled and their very survival is put at risk.

    “If people in poor states are left without the assistance to which they are entitled, their needs are left unfulfilled and their very survival is put at risk.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationreasoning

    The other conditions for justified exclusion on brain drain grounds are far less likely to be fulfilled because many skilled workers have strong reason to leave and rich states are failing to do many things to address global poverty and brain drain.

    “However, the other conditions are far less likely to be fulfilled since many skilled workers have strong reason to leave, and there are many things rich states could be doing to address global poverty in general and brain drain in particular which they are failing to do.”
    Quote in the paperSubstantial claim
  • May combine two claims.

    Interpretationreasoning

    If migration is a basic liberty, then immigration restrictions cannot be imposed to avoid a less than severe cost, and the imposition of distributive unfairness upon rich states fits this latter category.

    “if migration is a basic liberty, then immigration restrictions cannot be imposed to avoid a less than severe cost, and the imposition of distributive unfairness upon rich states fits this latter category.”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning

    It would be wrong for the United Kingdom to prevent doctors from emigrating to the United States.

    “Yet, despite the unfairness, it would be wrong for the United Kingdom to prevent doctors from emigrating to the United States”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationreasoning

    The health professionals may have a duty to stay and assist their poor compatriots, but this is not a duty that the rich state has the legitimacy to enforce.

    “The health professionals may have a duty to stay and assist their poor compatriots struggle to keep the disease at bay, but this is not a duty that the rich state has the legitimacy to enforce.65”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [65]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Interpretationreasoning

    Since rich states owe general duties of assistance to the global poor, any assistance required to counter brain drain may merely form part of what rich states already owe.

    “since rich states owe general duties of assistance to the global poor, it might be that any assistance required to counter brain drain merely forms part of what rich states already owe.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: Rich states owe general duties of assistance to the global poor.
  • May combine two claims.

    Interpretationreasoning

    Skilled workers may have a duty to endure the injustice of having to live in poverty for the sake of their poor compatriots, but that duty should not be enforced by the states that are responsible for this very injustice.

    “Skilled workers may have a duty to endure the injustice of having to live in poverty for the sake of their poor compatriots, but that duty should not be enforced by the states that are responsible for this very injustice.66”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [66]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Probably not a substantial claim: may not pass S2 (checkable).

    Premisecitation

    Rich states owe duties of assistance toward the global poor.

    “Rich states owe duties of assistance toward the global poor, which many believe they are failing to fulfill.63”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [63]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Interpretationcitation

    Raising additional tax revenues to address the problem may involve an unfairness, but it remains an acceptable alternative to restricting a British doctor's freedom to migrate.

    “Raising additional tax revenues to address the problem may involve an unfairness, but it remains an acceptable alternative to restricting a British doctor's freedom to migrate.62”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [62]

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • May combine two claims.

    Interpretationreasoning

    There are likely to be cases in which immigration restrictions can be justified on brain drain grounds, and there are practical steps which rich states can take to help identify these cases.

    “There are, then, likely to be cases in which immigration restrictions can be justified on brain drain grounds, and there are practical steps which rich states can take to help identify these cases.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S4 (based).

    Premisenone given

    Brain drain can cause grave suffering.

    “Brain drain can cause grave suffering, and it may seem odd that states cannot impose immigration restrictions to prevent grave suffering when they routinely impose such restrictions for a variety of lesser purposes.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Interpretationreasoning

    Both the perception and disrespect considerations arise in the brain drain case.

    “Both of these considerations I think arise in the brain drain case.”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

    Interpretationnone given

    A skilled worker owes assistance to her poor compatriots if she has not fulfilled her duty of assistance.

    “ii.She has not fulfilled her duty of assistance.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning

    When a skilled worker has experienced hardship and deprivation in the service of her poor compatriots, it is not for a rich state who has failed her to enforce any remaining duty she may owe.

    “When a skilled worker has experienced hardship and deprivation in the service of her poor compatriots, it is not for a rich state who has failed her to enforce any remaining duty she may owe.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S4 (based).

    Interpretationreasoning

    A three-stage process (drawing up a list of poor states and sectors suffering deleterious brain drain, selecting cases where alternative means are unlikely to prove effective, and continuing to offer family reunification and asylum while expanding asylum criteria) would help ensure that the first three conditions for justified exclusion on brain drain grounds are satisfied.

    “This three-stage process would help to ensure that the first three conditions for justified exclusion on brain drain grounds are satisfied.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S4 (based).

    Interpretationnone given

    A skilled worker owes assistance to her poor compatriots if she relied on state funds to pay for her training and has not fulfilled her obligation of repayment.

    “i.She relied on state funds to pay for her training and has not fulfilled her obligation of repayment and/or”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning

    Rich states must seek to provide extra assistance to compensate for the effects of deleterious brain drain before they consider enforcing immigration restrictions against skilled workers.

    “This, then, is why I contend that rich states must seek to provide extra assistance to compensate for the effects of deleterious brain drain before they consider enforcing immigration restrictions against skilled workers.”
    Quote in the paperNot a substantial claim
  • May combine two claims.

    Premisereasoning

    Once admitted to a state, foreigners are entitled to move, associate, worship, and so forth, freely within it.

    “Once admitted to a state, foreigners are entitled to move, associate, worship, and so forth, freely within it.”
    Quote in the paperSubstantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

    Premisenone given

    Immigration restrictions restrict people's basic liberties to move, work, and associate as they wish and, in some cases, force individuals to remain in places that they have compelling reason to leave.

    “Immigration restrictions restrict people's basic liberties to move, work, and associate as they wish and, in some cases, force individuals to remain in places that they have compelling reason to leave.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning

    The claim that rich states must provide extra assistance before imposing restrictions amounts to a demand that rich states take on extra burdens to make up for a failure by skilled workers to fulfill their duties.

    “The claim that it would amounts to a demand that rich states take on extra burdens to make up for a failure by skilled workers to fulfill their duties to their poor compatriots.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Interpretationnone given

    Skilled workers who enjoy an adequate degree of safety and prosperity inside their country of origin and who could not provide the assistance they owe from elsewhere will have a duty to stay.

    “skilled workers who enjoy an adequate degree of safety and prosperity inside their country of origin and who could not provide the assistance they owe from elsewhere will have a duty to stay.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Interpretationreasoning

    Excluding skilled workers a rich state has failed to assist would prevent them from accessing the jobs and opportunities in the rich state that would allow them to achieve the better life that was owed to them all along.

    “That exclusion would prevent the workers from accessing the jobs and opportunities in the rich state that would allow them to achieve the better life that was owed to them all along.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Premisereasoning

    Basic liberties have an extensive scope: people are entitled to something like the most extensive range of choice compatible with the rights and liberties of others.

    “their scope is extensive.People are entitled to more than just a degree of choice; they are entitled to something like the most extensive range of choice that is compatible with the rights and liberties of others.”
    Quote in the paperNot a substantial claim
  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning

    Rich states must seek to provide extra assistance before they can justify imposing counter-brain-drain immigration restrictions.

    “Nevertheless rich states must seek to provide this extra assistance before they can justify imposing counter-brain-drain immigration restrictions.”
    Quote in the paperNot a substantial claim
69 of 69
  • The authors state this as an assumption.

    There are at least some cases where brain drain imposes severe costs on sending states.

    “The only assumption the article therefore makes is that there are at least some cases where brain drain does impose severe costs on sending states.”
  • The authors state this as an assumption.

    People are bound by general duties to help the global poor.

    “I assume that people are bound by general duties to help the global poor.”
  • The authors state this as an assumption.

    The general duty to provide assistance to the global poor demands that each make an equal level of sacrifice, rather than contribution.

    “I am assuming that the general duty to provide assistance to the global poor demands that each make an equal level of sacrifice, rather than contribution.”
  • The paper relies on this without support.

    Poor states are unable or unwilling to prevent their skilled workers from leaving.

    “As long as poor states are unable or unwilling to prevent their skilled workers from leaving, rich states must decide how to respond.”
  • The authors state this as an assumption.

    General duties require equal levels of sacrifice from people who are equally able to assist.

    “I am assuming that general duties require equal levels of sacrifice from people who are equally able to assist.”
  • The authors state this as an assumption.

    Everyone who is able to assist the global poor has a duty to do something, and it is left open whether compatriots must make any greater sacrifice than foreigners.

    “I shall assume only that everyone who is able to assist the global poor has a duty to do something and leave it open as to whether their compatriots must make any greater sacrifice than foreigners.”
  • The authors state this as an assumption.

    Under certain circumstances, skilled workers will be able to assert an agent-centered prerogative in the face of demands that they provide further assistance to their poor compatriots.

    “I shall assume that, under certain circumstances, skilled workers will be able to assert an agent-centered prerogative in the face of demands that they provide further assistance to their poor compatriots.”
  • The paper relies on this without support.

    Most people are currently not doing enough to fulfill their duties to the global poor.

    “I think it is safe to say that most people are currently not doing enough.”
  • The paper relies on this without support.

    Rich states owe general duties of assistance to the global poor.

    “since rich states owe general duties of assistance to the global poor”
  • The authors state this as an assumption.

    States, or at least democratic states, can be regarded as agents.

    “I am assuming here a view of collective responsibility that allows for states, or at least democratic states, to be regarded as agents.”
  • The paper relies on this without support.

    Global poverty is a moral evil.

    “given the moral evil that poverty constitutes”
  • The paper relies on this without support.

    There are realistically no other candidates to enforce immigration restrictions besides existing states.

    “there are, realistically, no other candidates to enforce immigration restrictions besides existing states.”
12 of 12

Self-check

Percentages, sums and reported differences re-computed from the paper’s own numbers.

Each contradiction between two passages listed here was confirmed by an independent check.

  • Final duty-to-stay test weakens the earlier requirement

    Major

    The earlier subcondition requires that a worker cannot provide the assistance she owes from abroad. The concluding list instead requires only that she could provide it better by staying, which could be true even if she can provide all the assistance she owes from abroad. The two formulations therefore give different tests for when a duty to stay arises.

1 of 1

Cites

Flagged first, then by citations

Research works printed but not linked: 23

  1. Kapur The, 2009, Their approach is considered below. The idea is entertained, if not endorsed, by Gillian Brock, Global Justice: A Cosmopolitan Account ðOxford
  2. Tesón Fernando R., 2008, San Diego Law Review, 45, 899
  3. Dowty Alan, 1987, Closed Borders: The Contemporary Assault on Freedom of Movement ðNew Haven
  4. Immigration, 2010, Global Code of Practice on the International Recruitment of Health Personnel ðGeneva
  5. Robert Contrast, 1974, State and Utopia ½New York: Basic Books
  6. This, 2000, Murphy in Moral Demands in Nonideal Theory ðOxford: Oxford University Press
  7. Scheffler Samuel, 2001, Boundaries and Allegiances: Problems of Justice and Responsibility in Liberal Thought ðOxford: Oxford University Press
  8. Brighouse Harry, 2011, Arguing about Justice: Essays for Philippe Van Parijs, ed. Axel Gosseries and Yannick Vanderborght ðLouvain: Presses Universitaires de Louvain
  9. Raustøl Anne, 2010, The International Migration of Health Workers: Ethics, Rights and Justice, ed. Rebecca S. Shah ðBasingstoke
  10. Nagel Thomas, 1991, Equality and Partiality ðNew York: Oxford University Press
  11. Scheffler Samuel, 1982, The Rejection of Consequentialism: A Philosophical Investigation of the Considerations Underlying Rival Moral Conceptions ðOxford: Clarendon
  12. Jagdish, 1976, Taxing the Brain Drain: A Proposal ðAmsterdam: North Holland
  13. Sharing the Spoils
  14. Lusalle David, 2007, Bulletin of Medicus Mundi Switzerland, 104, 19
  15. International Council of Nurses, 2006, Position Statement: Occupational Health and Safety for Nurses ðGeneva: ICN
  16. Cole Phillip, 2006, Ethics and Economics, 4, 1
  17. de Mesquita Judith Bueno, 2005, The International Migration of Health Workers: A Human Rights Analysis ðLondon: Medact
  18. Steiner, Hard Borders
  19. Enoch David, 2002, Law and Philosophy, 21, 355
  20. 2005, Guardian
  21. Chomsky Noam, 2004, ZMagazine
  22. Said Edward, 2003, Counterpunch
  23. Shklar Judith N., 1984, Belknap, 2

Cited by

Sorted by citations

Authors
Oberman, K.
Affiliations
Pennsylvania State University (US)
Corresponding author
Oberman, Kieran
Venue
Ethics
Published
2013-04
Volume
123
Issue
3
Pages
427-455
ISSN
  • 0014-1704 (ISSN-L)
  • 1539-297X
OpenAlex
W3126120034
Cited by
122
References
30
Citations by year
2025: 8 · 2024: 5 · 2023: 18 · 2022: 8 · 2021: 22 · 2020: 7 · 2019: 28 · 2017: 8 · 2016: 4 · 2015: 6 · 2014: 6 · 2013: 1 · 2012: 1
FWCI
16.84
Type
journal article
Language
en
Open access
Licence
other-oa
Locations
  • Ethics (publishedVersion, other-oa)
  • Edinburgh Research Explorer (University of Edinburgh) (submittedVersion, other-oa)
Topics
  • Social Sciences › Sociology and Political Science › Migration and Labor Dynamics
  • Health Sciences › Health Professions › General Health Professions › Employment and Welfare Studies
  • Social Sciences › Sociology and Political Science › Migration, Refugees, and Integration
Keywords
brain drain, skilled migration, immigration restrictions, basic services, ethics of migration

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