Can Brain Drain Justify Immigration Restrictions?
Open accessAbstract
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.
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Cites
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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
- Findingcitation
In many countries safety regulations are either ill-enforced or nonexistent.
“In many countries safety regulations are either ill-enforced or nonexistent.”
Quote in the paperNot a substantial claim - Findingnone given
In sub-Saharan Africa, the stress of work is compounded by the fear of contracting HIV-AIDS from patients.
“In sub-Saharan Africa, the stress of work is compounded by the fear of contracting HIV-AIDS from patients.”
Quote in the paperNot a substantial claim - Findingcitation
In some countries, wages for skilled work are insufficient to cover basic needs.
“In some countries, wages for skilled work are insufficient to cover basic needs.”
Quote in the paperSubstantial claim - Findingcitation
A combination of low staff to patient ratios, high rates of disease, and inadequate equipment place health professionals under significant mental and physical strain.
“A combination of low staff to patient ratios, high rates of disease, and inadequate equipment place health professionals under significant mental and physi-”
Quote in the paperSubstantial claim - Findingcitation
The work that skilled workers are required to perform is often stressful, unregulated, and unsafe.
“The work that skilled workers are required to perform, moreover, is often stressful, unregulated, and unsafe.”
Quote in the paperSubstantial claim - Premisecitation
Brain drain is a severe problem for some poor states, sapping their ability to provide basic services.
“For some poor states, brain drain is a severe problem, sapping their ability to provide basic services.”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Kapur and McHale, "Should a Cosmopolitan Worry about the 'Brain Drain'?"
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites Schatz, "Zambia's Health Worker Crisis"
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Interpretationreasoning
An emigrant tax may fail because a skilled worker providing an essential service can only compensate for her absence by paying an emigrant tax if there are other workers back home to replace her.
“a skilled worker, such as a doctor or a teacher, who provides an essential service, can only compensate for her absence by paying an emigrant tax if there are other workers back home to replace her.”
Quote in the paperSubstantial claim - Interpretationreasoning
A rich state can justify imposing immigration restrictions against a skilled worker on brain drain grounds only if the skilled worker owes assistance to her poor compatriots.
“1.The skilled worker owes assistance to her poor compatriots.”
- Also stated in: § VI. CONCLUSION · plain
“Condition 1.The skilled worker owes assistance to her poor compatriots.”
Quote in the paperSubstantial claim - Also stated in: § VI. CONCLUSION · plain
- Interpretationreasoning
A skilled worker only has a duty to stay if she will not face an unreasonably high cost in staying.
“a skilled worker only has a duty to stay if 2.ii.She will not face an unreasonably high cost in staying.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Given the costs that brain drain can involve, brain drain offers a strong argument for imposing immigration restrictions in cases of deleterious brain drain.
“Given the costs that brain drain can involve, it seems to offer a strong argument for imposing immigration restrictions in these cases.”
Quote in the paperNot a substantial claim- The authors state this as an assumption: There are at least some cases where brain drain imposes severe costs on sending states.
- Interpretationreasoning
Many skilled workers have strong reasons to leave, so strong that it would be unreasonable to expect them to stay.
“These statistics suggest that many skilled workers have strong reasons to leave, such strong reasons, in fact, that it would be unreasonable to expect them to stay.”
Quote in the paperSubstantial claim - Interpretationreasoning
This does not necessarily mean they have a duty to stay.
“this does not necessarily mean they have a duty to stay.”
Quote in the paperNot a substantial claim - Interpretationnone given
A series of demanding conditions must be fulfilled for restrictions to be justified on brain drain grounds.
“For restrictions to be justified, a series of demanding conditions must be fulfilled.”
Quote in the paperNot a substantial claim - Premisenone given
Many skilled workers from poor states are likely to have relevant skills and experience that make them better able to assist their poor compatriots than foreign skilled workers.
“Many skilled workers from poor states are likely to have relevant skills and experience that make them better able to assist their poor compatriots than foreign skilled workers.”
Quote in the paperNot a substantial claim - Premisereasoning
In Zambia, brain drain saps the health care system's power to confront malnutrition, disease, and ill health.
“Brain drain saps Zambia's power to confront its horrendous levels of malnutrition, disease, and ill health.”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Schatz, "Zambia's Health Worker Crisis"
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites Joint UN Program on HIV/AIDS, 2006 Report on the Global Aids Epidemic
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Interpretationreasoning
Some skilled workers will find it impossible to provide the requisite assistance from abroad.
“some skilled workers will find it impossible to provide the requisite assistance from abroad.”
Quote in the paperSubstantial claim - Interpretationreasoning
Immigration restrictions require justification.
“For this reason, if no other, they require justification.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Justifying immigration restrictions on brain drain grounds is far from straightforward.
“Yet this article finds that justifying immigration restrictions on brain drain grounds is far from straightforward.”
Quote in the paperNot a substantial claim - Interpretationreasoning
It is likely to be less costly for a native skilled worker to stay in her home country than for a foreign skilled worker to move there.
“it is likely to be less costly for a native skilled worker to stay in her home country than it is for a foreigner skilled worker to move there.”
Quote in the paperSubstantial claim - Interpretationreasoning
General duties to assist have the potential to ground a duty to stay.
“I wish to deal with this precise issue here in order to show why, on the contrary, general duties to assist have the potential to ground a duty to stay.”
Quote in the paperNot a substantial claim- The authors state this as an assumption: People are bound by general duties to help the global poor.
- Interpretationcitation
If rich states enforced immigration restrictions against skilled workers from states suffering deleterious brain drain, instead of offering many of them residency visas, they would remove the strongest incentive these skilled workers have to leave.
“If rich states chose to enforce immigration restrictions against skilled workers from states suffering deleterious brain drain, instead of continuing to offer many of them residency visas, rich states would remove the strongest incentive these skilled workers have to leave.”
Quote in the paperSubstantial claim - Premisecitation
Brain drain need not always be deleterious.
“Brain drain need not always be deleterious.”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Beine, Docquier, and Rapoport, "Brain Drain and Economic Growth: Theory and Evidence"
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites Stark, "Rethinking the Brain Drain"
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Interpretationcitation
Were skilled workers only subject to a general duty to assist, they would not be required to make any greater sacrifice for their compatriots than anyone else who is equally able to assist.
“Were skilled workers only subject to this general duty, they would not be required to make any greater sacrifice for their compatriots than anyone else who is equally able to assist, whether that be foreign skilled workers or foreigners with money to spend.”
Quote in the paperSubstantial claim- The authors state this as an assumption: People are bound by general duties to help the global poor.
- Interpretationreasoning
General duties to assist can ground a duty to stay.
“general duties to assist have the potential to ground a duty to stay.”
- Also stated in: § II. A DU T Y TO ASSIST · plain
“contrary to initial impressions, general duties to assist can ground duties to stay”
- Also stated in: § II. A DU T Y TO ASSIST · plain
“general duties alone can provide some support for the common view that a duty to reside in a poor country falls on those who live there.”
Quote in the paperSubstantial claim - Also stated in: § II. A DU T Y TO ASSIST · plain
- Interpretationreasoning
Not all skilled workers will owe an obligation of repayment.
“Not all skilled workers will owe an obligation of repayment.”
Quote in the paperNot a substantial claim - Premisenone given
Even if a duty can be enforced, it is not the case that anyone can enforce it.
“For even if a duty can be enforced, it is not the case that anyone can enforce it.”
Quote in the paperNot a substantial claim - Interpretationreasoning
A native skilled worker may have a duty to reside in her own country that a foreign skilled worker does not share.
“a native skilled worker may have a duty to reside in her own country that a foreign skilled worker does not share.”
Quote in the paperNot a substantial claim - Interpretationreasoning
In each of these cases, skilled workers risk losing goods of fundamental value.
“In each of these cases, skilled workers risk losing goods of fundamental value.”
Quote in the paperNot a substantial claim - Interpretationreasoning
The common view that only natives can be obligated to reside in a poor country is open to question.
“the common view that only natives can be obligated to reside in a poor country is open to question.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Together these conditions are likely to greatly restrict the range of circumstances under which counter-brain-drain immigration restrictions can justly be imposed.
“Together these conditions are likely to greatly restrict the range of circumstances under which counter-braindrain immigration restrictions can justly be imposed.”
Quote in the paperSubstantial claim - Interpretationcitation
If rich states lifted the restrictions that prevent more skilled workers coming, it would almost certainly worsen the problem.
“Conversely, if rich states lifted the restrictions that prevent more skilled workers coming, it would almost certainly worsen the problem.”
Quote in the paperSubstantial claim - Interpretationreasoning
The second subcondition significantly restricts the scope of justified counter-brain-drain immigration restrictions.
“This second subcondition thus significantly restricts the scope of justified counter-brain-drain immigration restrictions.”
Quote in the paperSubstantial claim - Premisenone given
It is not true that all moral duties can permissibly be enforced; many cannot.
“It is not true that all moral duties can permissibly be enforced; many cannot.”
Quote in the paperNot a substantial claim - Interpretationreasoning
It is by no means certain that skilled workers will be able to provide the necessary assistance from abroad.
“it is by no means certain that skilled workers will be able to provide the necessary assistance from abroad.”
Quote in the paperNot a substantial claim - Interpretationreasoning
A duty of assistance binds even those who have no obligation of repayment.
“In this way, the duty of assistance binds even those who have no obligation of repayment.”
Quote in the paperSubstantial claim - Interpretationreasoning
One need not believe that people owe special duties to their compatriots to make a brain drain argument for immigration restrictions.
“one need not believe that people owe special duties to their compatriots to make a brain drain argument for immigration restrictions.”
Quote in the paperSubstantial claim - Interpretationreasoning
In the absence of reparative steps, rich states do not have the legitimacy to enforce counter-brain-drain immigration restrictions in the two cases involving prior injustice.
“Nevertheless, in the absence of reparative steps, rich states do not have the legitimacy to enforce counterbrain-drain immigration restrictions in these two cases.”
Quote in the paperSubstantial claim - Interpretationnone given
For immigration restrictions to be permissibly used to enforce a skilled worker's duty to stay, there must be no acceptable alternative means of ensuring that the poor compatriots receive the assistance they are owed.
“For immigration restrictions to be permissibly used for the sake of enforcing a skilled worker's duty to stay, it must be the case that 3.i.There is no acceptable alternative means of ensuring that the poor compatriots receive the assistance they are owed.”
Quote in the paperNot a substantial claim - Interpretationreasoning
The freedom to cross borders is a basic liberty much like domestic freedom of movement, association, or religion.
“the freedom to cross borders is a basic liberty much like domestic freedom of movement, association, or religion.”
Quote in the paperNot a substantial claim - Interpretationreasoning
When rich states fail to fulfill their own duties toward the global poor but nevertheless enforce the duties of skilled workers, they exhibit toward the skilled workers a form of disrespect.
“Likewise, when rich states fail to fulfill their own duties toward the global poor, but nevertheless enforce the duties of skilled workers, they exhibit toward the skilled workers a form of disrespect: they are forcing others to act in a way that they are not prepared to act themselves.64”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [64]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Interpretationreasoning
When a rich state cannot use its own resources to compensate for the effects of deleterious brain drain, then the rich state may indeed be justified in imposing immigration restrictions.
“When a rich state cannot use its own resources to compensate for the effects of deleterious brain drain, then the rich state may indeed be justified in imposing immigration restrictions.”
Quote in the paperSubstantial claim - Interpretationnone given
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 can better provide the assistance she owes if she stays in her state of origin than from her state of destination.
“Condition 2. The skilled worker has a duty to stay in her state of origin to provide the assistance she owes her poor compatriots.She will have this duty to stay if and only if: i.She can better provide the assistance she owes if she stays in her state of origin than from her state of destination.”
Quote in the paperSubstantial claim - Interpretationreasoning
In a case where a poor country suffered a disease, health professionals did dedicated work, but rich states failed to provide required resources, a rich state cannot exclude the health professionals to get them to address the high disease burden that the rich state itself is responsible for.
“In such a case I do not think a rich state can exclude the health professionals in order to get them to address the high disease burden that the rich state itself is responsible for.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Skilled workers are unlikely to perceive counter-brain-drain immigration restrictions as the just enforcement of moral duties they already hold if the states enforcing the restrictions have failed to fulfill their own moral duties toward the global poor.
“Skilled workers seem unlikely to perceive counter-brain-drain immigration restrictions as the just enforcement of moral duties they already hold if the states enforcing the restrictions have failed to fulfill their own moral duties toward the global poor.”
Quote in the paperSubstantial claim - Interpretationreasoning
If a rich state fails to provide assistance owed to skilled workers it wishes to exclude, it cannot legitimately exclude those skilled workers.
“If a rich state fails to provide this assistance, I do not think it can legitimately exclude the skilled workers it has failed to assist.”
Quote in the paperNot a substantial claim - Interpretationnone given
It is not necessarily the case that rich states have the legitimacy to impose these otherwise just immigration restrictions.
“However, it is not necessarily the case that rich states have the legitimacy to impose these otherwise just immigration restrictions.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Counter-brain-drain immigration restrictions require a form of justification that takes seriously skilled workers' rights, interests, and liberties rather than treating them as tools for development.
“Counter-brain-drain immigration restrictions thus require a form of justification that, far from treating skilled workers as tools for development, takes seriously their rights, interests, and liberties.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Once people's basic needs have been fulfilled, basic liberties should not be restricted for further gains in the fair allocation of economic resources.
“Once people's basic needs have been fulfilled, basic liberties should not be restricted for further gains in the fair allocation of economic resources.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Cases in which immigration restrictions can be justified on brain drain grounds are likely to involve skilled workers who are relatively well off yet live in states which suffer from problems that block effective assistance from outside.
“Cases in which immigration restrictions can be justified on brain drain grounds are thus likely to be those in which these two factors are conjoined: they will be cases involving skilled workers who are relatively well off yet live in states which suffer from problems that block effective assistance from outside.”
Quote in the paperSubstantial claim - Premisereasoning
Governments can violate basic liberties by banning just one option within a wide range.
“governments can violate basic liberties by banning just one option within a wide range.”
Quote in the paperSubstantial claim - Interpretationreasoning
The idea that the freedom to cross borders is a basic liberty follows from a proper understanding of the basic liberties that are already well recognized.
“The idea that the freedom to cross borders is a basic liberty follows from a proper understanding of the basic liberties that are already well recognized: freedom of movement, association, expression, religion, and occupational choice.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Imposing immigration restrictions on brain drain grounds involves coercing people in an effort to get them to labor for the sake of others.
“Imposing immigration restrictions on brain drain grounds, moreover, involves coercing people in an effort to get them to labor for the sake of others.”
Quote in the paperNot a substantial claim - Interpretationreasoning
The extreme contrary view that there is no connection whatsoever between an agent's right to enforce moral duties and her own moral performance is mistaken.
“Yet the extreme contrary view, that there is no connection whatsoever between an agent's right to enforce moral duties and her own moral performance, also seems mistaken.”
Quote in the paperNot a substantial claim - Interpretationreasoning
The only possible justification for immigration restrictions seems to be one that refers to the threat of some grave cost.
“The only possible justification for immigration restrictions, then, seems to be one that refers to the threat of some grave cost, whether that cost would be borne by host state citizens, the citizens of the sending state, or the migrants themselves.”
Quote in the paperNot a substantial claim - Interpretationreasoning
There may be some real world cases in which the brain drain argument for immigration restrictions does succeed.
“There may, however, be some real world cases in which the brain drain argument does succeed.”
Quote in the paperSubstantial claim - Interpretationreasoning
States cannot justify denying us these options on the basis that we already have a degree of choice in our home state.
“States cannot justify denying us these options on the basis that we already have a degree of choice in our home state.”
Quote in the paperNot a substantial claim - Premisereasoning
In domestic cases we recognize a connection between an agent's right to enforce moral duties and her own moral performance when we set high standards for police officers, judges, and other law enforcers for abiding by the law and other official rules.
“In domestic cases we do recognize a connection between the two when we set high standards for police officers, judges, and other law enforcers for abiding by the law and other official rules.”
Quote in the paperSubstantial claim - Interpretationreasoning
The case of British doctors is relevantly analogous to the case of skilled workers from poor states.
“The case of British doctors is relevantly analogous to the case of skilled workers from poor states.”
Quote in the paperSubstantial claim - Interpretationreasoning
In both the British doctor case and the skilled worker case, the detrimental consequences of granting the freedom to migrate can be avoided if those in a position to provide extra assistance are willing to do so.
“In both cases, the detrimental consequences of granting the freedom to migrate can be avoided if those in a position to provide extra assistance are willing to do so.”
Quote in the paperSubstantial claim - Interpretationreasoning
If a skilled worker does not have a duty to stay, she should not be prevented from leaving.
“If a skilled worker does not have a duty to stay, she should not be prevented from leaving.”
Quote in the paperNot a substantial claim - Interpretationreasoning
If basic liberties are so extensive that they entitle people to access options in other states upon admission, then they are also sufficiently extensive to entitle people to access options in other states before admission.
“if basic liberties are so extensive that they entitle people to access options in other states upon admission, then they are also sufficiently extensive to entitle people to access options in other states before admission.”
Quote in the paperNot a substantial claim - Interpretationreasoning
This is precisely the sort of cost that is grave enough to justify the restriction of a basic liberty.
“This is precisely the sort of cost that is grave enough to justify the restriction of a basic liberty.”
Quote in the paperNot a substantial claim - Interpretationreasoning
One reason for the connection between an agent's right to enforce moral duties and her own moral performance is a concern with perception: justice should not only be done but be seen to be done.
“First, there is a concern with perception: the thought that justice should not only be done but be seen to be done.”
Quote in the paperNot a substantial claim - Interpretationreasoning
In situations where rich states have no acceptable alternative means of ensuring that migrant skilled workers' poor compatriots receive the assistance they are entitled to, the use of immigration restrictions can be justified on brain drain grounds.
“Given such a dilemma and given the moral evil that poverty constitutes, the use of immigration restrictions can be justified on brain drain grounds.”
Quote in the paperNot a substantial claim- Rests on an assumption: Global poverty is a moral evil.
- Interpretationreasoning
An agent's own unjust conduct can, in certain contexts, render it impermissible for the agent to enforce justice.
“The view expressed here, that an agent's own unjust conduct can, in certain contexts, render it impermissible for the agent to enforce justice, is not so different.”
Quote in the paperSubstantial claim - Interpretationreasoning
If basic liberties entitle us to an extensive range of choice, then we are entitled to access jobs, civic associations, religious institutions, friends, family, romantic partners, opportunities to study, and opportunities for expression available in other states.
“If basic liberties entitle us to an extensive range of choice, then we are entitled to access jobs, civic associations, religious institutions, friends, family, romantic partners, opportunities to study, and opportunities for”
Quote in the paperNot a substantial claim - Interpretationreasoning
A general principle that only states which are fully just can legitimately enforce justice would be implausibly strong.
“A general principle, that only states which are fully just can legitimately enforce justice, would be implausibly strong.”
Quote in the paperNot a substantial claim - Premisecitation
States can restrict basic liberties only when necessary to prevent grave costs.
“States, too, can restrict basic liberties, but only when necessary to prevent grave costs.”
Quote in the paperSubstantial claim - Interpretationreasoning
In the brain drain case we are forced to choose between permitting the unjust to enforce justice and going without enforcement altogether.
“While in the domestic case we are not, ordinarily, forced to choose between permitting the unjust to enforce justice and going without enforcement altogether, in the brain drain case we are.”
Quote in the paperSubstantial claim- Rests on an assumption: There are realistically no other candidates to enforce immigration restrictions besides existing states.
- Premisereasoning
The idea that people are entitled to access options available in other states is already partially recognized in international law.
“the idea that people are entitled to access options available in other states is already partially recognized in international law.”
Quote in the paperNot a substantial claim - Interpretationreasoning
There are at least some cases in which the failure of a rich state to fulfill its own duties robs it of the legitimacy to enforce counter-brain-drain immigration restrictions, even though this means that no restrictions will be enforced.
“There are at least some cases in which the failure of a rich state to fulfill its own duties robs it of the legitimacy to enforce restrictions, even though this means that no restrictions will be enforced.”
Quote in the paperSubstantial claim - Interpretationreasoning
In most cases, the brain drain argument for immigration restrictions will not succeed.
“In most cases, it seems, the brain drain argument for immigration restrictions will not succeed.”
Quote in the paperSubstantial claim - Premisereasoning
There is a social expectation that law enforcers who break the law should be considered candidates for dismissal, even when the law breaking is off-duty and does not affect their work of enforcing the law upon others.
“There is a social expectation that law enforcers who break the law should be considered candidates for dismissal, and that expectation extends even to cases in which the law enforcer's law breaking is done off-duty and does not affect her work of enforcing the law upon others.”
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 givenLiberia 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 claimMay combine two claims.
FindingcitationThe 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 givenThere 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 claimMay combine two claims.
InterpretationreasoningBrain 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- Also stated in: § Kieran Oberman · plain
Probably not a substantial claim: may not pass S4 (based).
Interpretationnone givenThe 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 claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningTo 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 claimProbably not a substantial claim: may not pass S4 (based).
Interpretationnone givenImmigration 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 claimProbably not a substantial claim: may not pass S4 (based).
Interpretationnone givenA 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 claimProbably not a substantial claim: may not pass S4 (based).
Interpretationnone givenA 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 claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
PremisereasoningImmigration restrictions unquestionably curtail individual liberty.
“Immigration restrictions unquestionably curtail individual liberty.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Premisenone givenEveryone 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 claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningThe duty of assistance is not limitless.
“one need not think the duty of assistance is limitless.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenMost 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 claimMay combine two claims.
InterpretationreasoningEven 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 claimProbably not a substantial claim: may not pass S4 (based).
Interpretationnone givenA 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 claimProbably not a substantial claim: may not pass S3 (load-bearing).
Interpretationnone givenAn 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 claimClassified as probably not a substantial claim. May combine two claims.
InterpretationreasoningIf 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 claimMay combine two claims.
InterpretationreasoningUnless 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 claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Premisenone givenGeneral 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 claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Premisenone givenTo 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 claimClassified as probably not a substantial claim. May combine two claims.
PremisereasoningFour 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 claimProbably not a substantial claim: may not pass S2 (checkable).
PremisereasoningCoercion 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 claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenA 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 claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningIt 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 claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningSome 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 claimProbably not a substantial claim: may not pass S2 (checkable).
PremisereasoningIf 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 claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningIf 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- Also stated in: § II. A DU T Y TO ASSIST · hedged
Probably not a substantial claim: may not pass S4 (based).
Premisenone givenPeople 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 claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
PremisereasoningPeople 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 claimProbably not a substantial claim: may not pass S2 (checkable). May combine two claims.
InterpretationreasoningSince 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 claimProbably not a substantial claim: may not pass S4 (based). May combine two claims.
InterpretationreasoningA 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 claimProbably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).
InterpretationcitationA 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 givenIt 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 claimProbably not a substantial claim: may not pass S2 (checkable). May combine two claims.
InterpretationreasoningThe 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 claimProbably not a substantial claim: may not pass S4 (based). May combine two claims.
InterpretationreasoningA 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 claimProbably not a substantial claim: may not pass S4 (based).
InterpretationreasoningA 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 claimMay combine two claims.
InterpretationreasoningA 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 claimMay combine two claims.
InterpretationreasoningImmigration 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 claimProbably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).
Premisenone givenThis 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 claimMay combine two claims.
InterpretationreasoningIn 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 claimProbably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).
Premisenone givenEach 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 claimMay combine two claims.
InterpretationcitationA 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 givenIn 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 claimProbably not a substantial claim: may not pass S2 (checkable). May combine two claims.
InterpretationreasoningImmigration 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 claimProbably not a substantial claim: may not pass S2 (checkable). May combine two claims.
PremisereasoningBasic liberties are neither unbounded nor absolute.
“basic liberties are neither unbounded nor absolute.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based). May combine two claims.
Premisenone givenIf 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 claimMay combine two claims.
InterpretationreasoningThe 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 claimMay combine two claims.
InterpretationreasoningIf 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 claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningIt 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 claimMay combine two claims.
InterpretationreasoningThe 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).
InterpretationreasoningSince 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.
InterpretationreasoningSkilled 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).
PremisecitationRich 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.
InterpretationcitationRaising 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.
InterpretationreasoningThere 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 claimProbably not a substantial claim: may not pass S4 (based).
Premisenone givenBrain 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 claimMay combine two claims.
InterpretationreasoningBoth 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 claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.
Interpretationnone givenA 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 claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningWhen 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 claimProbably not a substantial claim: may not pass S4 (based).
InterpretationreasoningA 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 claimProbably not a substantial claim: may not pass S4 (based).
Interpretationnone givenA 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 claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningRich 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 claimMay combine two claims.
PremisereasoningOnce 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 claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.
Premisenone givenImmigration 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 claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningThe 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 claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenSkilled 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 claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
InterpretationreasoningExcluding 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 claimProbably not a substantial claim: may not pass S2 (checkable).
PremisereasoningBasic 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 claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningRich 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
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.”
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
MajorThe 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.
“The first is 2.i.The skilled worker cannot provide the assistance she owes from abroad.”
“i.She can better provide the assistance she owes if she stays in her state of origin than from her state of destination.”
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Methodological Nationalism, Migration and Political Theory
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“Third, the normative literature on brain drain is incomprehensible without the assumption that people belong to one nation state, and that the distribution of goods and opportunities is defined by that nation state’s institutions (Brock, 2009; Oberman, 2013; Sager, 2014).”
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“Though this argument has to be made with considerable care, as Kieran Oberman (2013) has shown.”
BackgroundLiberal Self-Determination in a World of Migration
Ferracioli, L. (2021) · doi:10.1093/oso/9780190056070.001.0001 · Cited by 44 · see citing works
The Oxford handbook of global justice
Hoye, J. M. (2021) · Contemporary Political Theory · doi:10.1057/s41296-020-00461-x · Cited by 40 · see citing works
“The monthly wage of a nurse in Zambia is a mere $299; this is less than the $350 a family needs for food’ (Oberman, 2013, p. 441).”
BackgroundInfluentialRecognizing New Trends in Brain Drain Studies in the Framework of Global Sustainability
Vega-Muñoz, A., González-Gómez-del-Miño, P., & Espinosa‐Cristia, J. F. (2021) · Sustainability · doi:10.3390/su13063195 · Cited by 40 · see citing works
“Emigration of tertiary students has come to undermine national capacities to provide essential services in poor states, even implying a justified restriction to limit the flight of the minority of cases that this type of migration implies [33].”
BackgroundCitizenship for children: By soil, by blood, or by paternalism?
Ferracioli, L. (2017) · Philosophical Studies · doi:10.1007/s11098-017-0985-3 · Cited by 39 · see citing works
“…Strong cosmopolitans, on the other hand, have argued that the mere interest on the part of prospective immigrants in pursuing personal projects and relationships across international borders suffices to create a strong claim for inclusion on their part (Carens 1987; Cole 2000; Oberman 2013).”
BackgroundImmigration as a Human RightPreprint
Oberman, K. (2012) · SSRN Electronic Journal · doi:10.2139/ssrn.2164939 · Cited by 35 · see citing works
Self-citationSager, A. (2014) · Critical Review of International Social and Political Philosophy · doi:10.1080/13698230.2014.919061 · Cited by 34 · see citing works
“…is entitled to enforce this duty (which occurs only if the state has no means of assisting poor members that do not involve migration controls) (Oberman 2013, p. 434).2 Following Oberman, we can ask whether skilled workers do in fact have obligations toward their compatriots and, if so,…”
Philosophical Foundations for Complementary Protection
Lister, M. J. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.012 · Cited by 30 · see citing works
A Right to Return to Earth? Emigration Policy for the Lunar State
Schwartz, J. S. J. (2021) · Space and society · doi:10.1007/978-3-030-81388-8_12 · Cited by 30 · see citing works
Lenard, P. T. (2021) · Migration Studies · doi:10.1093/migration/mnab045 · Cited by 28 · see citing works
The Ethics of Sanctuary Policies in Liberal Democratic States
Lenard, P. T. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.013 · Cited by 28 · see citing works
Does Cosmopolitan Justice Ever Require Restrictions on Migration
Mendoza, J. J. (2015) · PhilPapers (PhilPapers Foundation) · Cited by 25 · see citing works
Straehle, C. (2017) · Canadian Journal of Philosophy · doi:10.1080/00455091.2017.1353880 · Cited by 24 · see citing works
“The restriction of the liberty right to exit also needs to be assessed in light of the countervailing reason of effectiveness of the restriction, as Blake and Oberman have argued (Oberman 2013; Brock and Blake 2015).”
BackgroundImmigration, self-determination, and the brain drain
Ferracioli, L. (2014) · Review of International Studies · doi:10.1017/s0260210514000084 · Cited by 23 · see citing works
Taking up the slack: The duties of source state citizens in the brain drain crisis
Hobden, C. (2017) · South African Journal of Philosophy · doi:10.1080/02580136.2016.1261781 · Cited by 17 · see citing works
Is Return the Preferred Solution to Refugee Crises?
Bradley, M. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.009 · Cited by 17 · see citing works
Lenard, P. T. (2023) · doi:10.1093/oso/9780197585818.001.0001 · Cited by 17 · see citing works
Lenard, P. T. (2021) · SSRN Electronic Journal · doi:10.2139/ssrn.3914005 · Cited by 16 · see citing works
The State’s Right to Exclude Asylum-Seekers and (Some) Refugees
Ekins, R. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.003 · Cited by 15 · see citing works
Refugees and the Right to Return
Straehle, C. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.010 · Cited by 15 · see citing works
Poverty and Immigration PolicyPreprint
Oberman, K. (2013) · SSRN Electronic Journal · doi:10.2139/ssrn.2362011 · Cited by 15 · see citing works
Self-citationFerracioli, L. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.011 · Cited by 14 · see citing works
Being at Home in the World: International Relocation (Not Open Borders)
Akhtar, S. (2016) · Public Affairs Quarterly · Cited by 12 · see citing works
Miller, D. E. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.006 · Cited by 12 · see citing works
The Ethics of Global Capital Mobility
Cordelli, C., & LEVY, J. (2021) · American Political Science Review · doi:10.1017/s0003055421000964 · Cited by 12 · see citing works
“However, like in the case of brain drain (Oberman 2013), also in the case of capital flight, the right to exit is arguably not absolute and can be justifiably regulated when necessary to avoid significantly harmful outcomes.”
BackgroundAddressing the brain drain: A partial cosmopolitanism approach
Kapur, D. (2017) · South African Journal of Philosophy · doi:10.1080/02580136.2016.1263375 · Cited by 11 · see citing works
Efthymiou, D. E. (2019) · European Journal of Political Theory · doi:10.1177/1474885118825360 · Cited by 11 · see citing works
“One potential problem is that high-skilled labour, and talent, is not easily replaceable and hence directly compensable (see Brock and Blake, 2014; Oberman, 2013).”
BackgroundPrimum Nocere: Medical Brain Drain and the Duty to Stay
Ferracioli, L., & Lora, P. D. (2015) · The Journal of Medicine and Philosophy A Forum for Bioethics and Philosophy of Medicine · doi:10.1093/jmp/jhv022 · Cited by 11 · see citing works
Lung cancer researchers, 2008–2013: their sex and ethnicity
Lewison, G., Roe, P., Webber, R., et al. (2015) · Scientometrics · doi:10.1007/s11192-015-1785-1 · Cited by 10 · see citing works
Migration. Normative und sozialtheoretische Perspektiven
Celikates, R. (2016) · J.B. Metzler eBooks · doi:10.1007/978-3-476-05470-8_15 · Cited by 9 · see citing works
Selecting Immigrants in an Unjust World
Ip, K. K. W. (2019) · Political Studies · doi:10.1177/0032321719833885 · Cited by 8 · see citing works
“…widely considered to be a human right but it is also argued that immigration restrictions on highskilled migration are unjust (Hidalgo, 2013, 2014; Oberman, 2013).9 A common theme for their arguments is that the fundamental liberties of high-skilled individuals are at stake – their occupational…”
BackgroundOwen, D. A. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.002 · Cited by 8 · see citing works
Gibney, M. J. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.008 · Cited by 7 · see citing works
The brain drain as exploitation
Bou‐Habib, P. (2021) · Politics Philosophy & Economics · doi:10.1177/1470594x211027259 · Cited by 6 · see citing works
“However, as Oberman (2013) has argued, this implication of the harm argument is deeply troubling.”
BackgroundThe open borders debate, migration as settlement, and the right to travel
Altundal, U. (2022) · Critical Review of International Social and Political Philosophy · doi:10.1080/13698230.2022.2040202 · Cited by 5 · see citing works
“According to Oberman (2013), only a small minority of cases can justify border controls on the basis of brain drain.”
Global Luck Egalitarianism and Border Control
Angell, K., & Huseby, R. (2019) · Ratio Juris · doi:10.1111/raju.12236 · Cited by 5 · see citing works
Can the right to internal movement, residence, and employment ground a right to immigrate?
James, M. R. (2019) · Ethics & Global Politics · doi:10.1080/16544951.2019.1571359 · Cited by 5 · see citing works
“Perhaps Oberman would respond that although the camp can exclude me based on their right to property, they can also consent to visitation, and the state has no right to interfere in whatever agreement is reached between us (Cf. Oberman 2013, 445).”
BackgroundTerritorial Exclusion: An Argument Against Closed Borders
Weltman, D. (2021) · Journal of Ethics and Social Philosophy · doi:10.26556/jesp.v19i3.1070 · Cited by 5 · see citing works
Oberman, K. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.005 · Cited by 5 · see citing works
Self-citationA Case Against Taxes and Quotas on High-Skill EmigrationPreprint
Clemens, M. A. (2014) · SSRN Electronic Journal · doi:10.2139/ssrn.2458071 · Cited by 5 · see citing works
More open borders for those left behind
Tebble, A. J. (2019) · Ethnicities · doi:10.1177/1468796819866351 · Cited by 4 · see citing works
Health, migration and human rights
Kniess, J. (2020) · Critical Review of International Social and Political Philosophy · doi:10.1080/13698230.2020.1722918 · Cited by 4 · see citing works
“(E.g. Brock & Blake, 2015; Oberman, 2013).”
Refugees and minorities: some conceptual and normative issues
Lippert‐Rasmussen, K., & Lægaard, S. (2020) · Ethics & Global Politics · doi:10.1080/16544951.2020.1735014 · Cited by 4 · see citing works
“…line of argument is parallel to related arguments in the ‘brain drain literature’, implying that we should assess the permissibility of allowing, say, doctors from poor states to migrate to rich states, partly in the light of how that will affect other groups within poor states (cp. Oberman 2013).”
Parallel Python for Agent-Based Modeling at a Global Scale
Blandin, N., Colglazier, C., O’Hare, J., et al. (2017) · doi:10.1145/3145574.3145588 · Cited by 4 · see citing works
“For some developing countries brain drain is a severe problem and can prevent a country from providing basic services to its native citizens [17].”
BackgroundILLIBERAL IMMIGRANTS AND LIBERALISM’S COMMITMENT TO ITS OWN DEMISE
Weltman, D. (2020) · Public Affairs Quarterly · doi:10.2307/26929785 · Cited by 4 · see citing works
Global justice and the remittances challenge: On political ontology and agency
Hoye, J. M. (2021) · Constellations · doi:10.1111/1467-8675.12564 · Cited by 4 · see citing works
Mitigating the costs of departure. Brain drain, disadvantage and fair burden-sharing
Volacu, A., & TERTELEAC, V. A. (2021) · Ethics & Global Politics · doi:10.1080/16544951.2021.1958508 · Cited by 3 · see citing works
Globale Gesundheitsversorgung: Ethische Aspekte der Ärztemigration
Lévy-Tödter, M. (2019) · Springer eBooks · doi:10.1007/978-3-662-58717-1_4 · Cited by 3 · see citing works
Do you have to let it linger? – Political membership that remains after territorial exit
Hosein, A. O. (2017) · South African Journal of Philosophy · doi:10.1080/02580136.2016.1261669 · Cited by 2 · see citing works
Freeing People; Restricting Capital
Cordelli, C. (2023) · British Journal of Political Science · doi:10.1017/s0007123423000054 · Cited by 2 · see citing works
“Skilled workers have a general duty to stay provided that (iii) they cannot provide assistance from abroad and (iv) they won ’ t face unreasonably high costs in staying (2013, 437).”
BackgroundInfluentialMedical Brain Drain and Healthcare Delivery in Africa: Beyond Restrictive Migration Policies
Oduola, D. V. (2023) · Philosophy and politics · doi:10.1007/978-3-031-32898-5_13 · Cited by 2 · see citing works
What is Wrong with Methodological Nationalism? An Argument About Discrimination
Milioni, A. (2024) · Moral Philosophy and Politics · doi:10.1515/mopp-2024-0033 · Cited by 2 · see citing works
No escaping Ukraine? Just war and the morality of external conscription
Nili, S. (2025) · British Journal of Political Science · doi:10.1017/s0007123424000589 · Cited by 2 · see citing works
U.S. brain drain as local distributive justice: the case of distressed rural locations
Greenberg, M., Schneider, D. F., Mayer, H. J., et al. (2025) · Local Environment · doi:10.1080/13549839.2025.2472367 · Cited by 2 · see citing works
Bogiaris, G. (2020) · Political Research Quarterly · doi:10.1177/1065912920941612 · Cited by 2 · see citing works
Kollár, E. (2020) · The International Encyclopedia of Ethics · doi:10.1002/9781444367072.wbiee873 · Cited by 2 · see citing works
Miller, D. E., & Straehle, C. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.001 · Cited by 1 · see citing works
Gemeinwohlargumente in der Ethik der Migration
Dietrich, F. S., & Selimi, A. (2022) · Springer eBooks · doi:10.1007/978-3-658-21085-4_27 · Cited by 1 · see citing works
Thomas, J. R. (2025) · Chinese Political Science Review · doi:10.1007/s41111-025-00280-8 · Cited by 2 · see citing works
Migration and Historical Injustice
Souter, J. (2025) · Springer eBooks · doi:10.1007/978-3-031-89877-8_13 · Cited by 1 · see citing works
Climate change, vulnerability, and cultural loss 1
Miller, D. E., & Straehle, C. (2025) · Ethics & Global Politics · doi:10.1080/16544951.2025.2578899 · Cited by 1 · see citing works
“See, for example (Kapur and McHale 2005; Oberman 2013; Stilz 2016), and Brock’s contribution to (Brock and Blake 2015). will choose to stay happily together on the new land.”
Children as Public Goods: At What Cost?
Shields, L. (2025) · British Journal of Political Science · doi:10.1017/s0007123424000905 · Cited by 1 · see citing works
Freedom of Movement and Emigration Pressures: A Defence of Immigration Fees
Angeli, O. (2016) · Moral Philosophy and Politics · doi:10.1515/mopp-2016-0002 · Cited by 1 · see citing works
“Whether brain drain has negative impact on developing economies is still an open question (see Oberman 2013).”
BackgroundBrain drain: A communitarian response to Brock and Blake
Olivier, A. (2017) · South African Journal of Philosophy · doi:10.1080/02580136.2016.1266850 · Cited by 1 · see citing works
“For other interesting contributions, see for instance, Cole (2016), and Oberman (2013).”
BackgroundMigration, Flucht und der liberale Staat
Miller, D. E. (2017) · Deutsche Zeitschrift für Philosophie · doi:10.1515/dzph-2017-0048 · Cited by 1 · see citing works
Dealing with brain drain: the contributions of Sri Lanka’s peak business interest associations
You, K. (2019) · Journal of Global Responsibility · doi:10.1108/jgr-10-2018-0052 · Cited by 1 · see citing works
The Political Philosophy of Refuge
Miller, D. E., & Straehle, C. (2019) · Cited by 1 · see citing works
Positive Gerechtigkeitspflichten gegenüber Flüchtenden
Paulmann, F. (2023) · Nomos Verlagsgesellschaft mbH & Co. KG eBooks · doi:10.5771/9783748937197
Injustice and high-skilled “temporary” labour migration
Lenard, P. T. (2014) · RECERCAT (Consorci de Serveis Universitaris de Catalunya) · Cited by 1 · see citing works
Ferracioli, L. (2021) · doi:10.1093/oso/9780190056070.003.0003 · Cited by 1 · see citing works
Paulmann, F. (2023) · Nomos Verlagsgesellschaft mbH & Co. KG eBooks · doi:10.5771/9783748937197-331
The Paradox of High-Skilled Migration: Is the Brain Drain the Best Antidote to the Brain Drain?
Ernst, S. A. (2015) · Brandeis Institutional Repository
Migrant tongues: justice, language policy, and the family
Heim, D. (2016) · LA Referencia (Red Federada de Repositorios Institucionales de Publicaciones Científicas)
Doctors Behind Borders : The Ethics of Skilled Worker Emigration
Yüksekdağ, Y. (2019) · CTE · doi:10.3384/diss.diva-157076
Niederberger, A. (2019) · Springer eBooks · doi:10.1007/978-3-658-26668-4_3
Refugees and the Right to Remain
Hosein, A. O. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.007
Blake, M. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.004
Yüksekdağ, Y. (2019) · Public Health Ethics · doi:10.1093/phe/phz016
Gemeinwohlargumente in der Ethik der Migration
Dietrich, F. S., & Selimi, A. (2020) · Springer eBooks · doi:10.1007/978-3-658-21086-1_27-1
أخلاقیات الهجرة العالمیة عند جوزیف کارنیز: النظریة الأخلاقیة والممارسة العملیة "المشکلات والمقترحات"
الله, د. ه. م. ع. ا. ج. (2020) · مجلة وادي النيل للدراسات والبحوث الإنسانية والاجتماعية والتربويه · doi:10.21608/jwadi.2020.115960
RACIAL RESPONSIBILITY REVISITED
Taylor, R. S. (2021) · Public Affairs Quarterly · doi:10.2307/48628246
Souter, J. (2021) · International political theory · doi:10.1007/978-3-030-62448-4_6
Family Migration Schemes and Liberal Neutrality
Ferracioli, L. (2021) · doi:10.1093/oso/9780190056070.003.0006
What Is Political about Asylum?
Ferracioli, L. (2021) · doi:10.1093/oso/9780190056070.003.0005
Discrimination and Immigration Control
Ferracioli, L. (2021) · doi:10.1093/oso/9780190056070.003.0008
Ferracioli, L. (2021) · doi:10.1093/oso/9780190056070.003.0001
Ferracioli, L. (2021) · doi:10.1093/oso/9780190056070.003.0002
Immigration, Self-Determination, and the Brain Drain*
Ferracioli, L. (2021) · doi:10.1093/oso/9780190056070.003.0007
Miller, D. E., & Straehle, C. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.014
Reciprocity and the duty to stay
Dzah, D. (2022) · Ethics & Global Politics · doi:10.1080/16544951.2022.2072260
“…on the medical brain drain, philosophers have focused on the moral underpinnings of various policy proposals intended to address the disparate health outcomes in wealthy developed nations and poor developing nations (Brock 2013; Brock and Blake 2017, 2014; Oberman 2013; Wellman and Cole 2011).”
BackgroundMiller, D. E., & Straehle, C. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108666466.015
Ferracioli, L. (2019) · The International Encyclopedia of Ethics · doi:10.1002/9781444367072.wbiee153.pub2
Protecting Brain Drain Versus Excluding Low-Quality Workers
Kondoh, K., & Matsubara, K. (2022) · New frontiers in regional science: Asian perspectives · doi:10.1007/978-981-19-0515-5_7
Mora, J. (2022) · Daímon · doi:10.6018/daimon.527861
“Por tanto, siempre y cuando su trabajo no acarree cargas especiales (ver Cohen, 2008, 56 y 103; Oberman, 2013, 441), restringir su movilidad transfronteriza solo implica exigir a esos trabajadores que cumplan con sus obligaciones productivas en los mismos términos que el resto2.”
BackgroundInfluentialReview Essay: Recent Works in the Political Theory of Migration
Sager, A. (2022) · The Review of Politics · doi:10.1017/s0034670522001036
Lenard, P. T. (2023) · Oxford University Press eBooks · doi:10.1093/oso/9780197585818.003.0001
- Authors
- Oberman, K.
- Affiliations
- Pennsylvania State University (US)
- Corresponding author
- Oberman, Kieran
- ORCID
- Oberman, Kieran
- Venue
- Ethics
- Publisher
- University of Chicago Press
- Published
- 2013-04
- Volume
- 123
- Issue
- 3
- Pages
- 427-455
- ISSN
- 0014-1704 (ISSN-L)
- 1539-297X
- OpenAlex
- W3126120034
- Semantic Scholar
- 3a3b014f235f20247fb52a41784c14280561f222
- 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
- hybrid
- doi.org
- 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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