Seyla Benhabib on the Principles of Modern Migration Policy: Universalism, Rights, and the Democratic Iterative Process
Seyla Benhabib (b. 1950) is one of the leading contemporary political philosophers, a professor at Yale University, whose work lies at the intersection of ethics, democratic theory, and international law. Her approach to migration policy represents a synthesis of liberal universalism of human rights and communicative ethics, placed in the context of globalization and transnational flows. Benhabib criticizes both strict state sovereignty and naive cosmopolitanism, proposing a third way based on the concept of "discursive legitimation" and "the democratic iterative process".
Critique of the Classical Paradigm: The "Paradox of Democratic Legitimacy"
Benhabib begins with the analysis of a fundamental contradiction that becomes exacerbated in the era of migration:
Principle of state sovereignty: In the classical Westphalian model, the state possesses an undeniable right to control its borders and determine who can become its member (citizen). This right is considered the cornerstone of democratic self-determination of the people (demos).
Principle of universal human rights: According to international conventions (Universal Declaration of Human Rights, 1951 Geneva Convention), every person, regardless of citizenship, possesses basic rights — to life, freedom from torture, asylum. These rights must be respected by all states.
The paradox is as follows: A democratic state, which is internally governed by the will of its people, acts as a sovereign repressive apparatus capable of denying fundamental rights to non-members of the community at its external borders. "We, the people" sovereignly decide who to exclude from the sphere of our moral and legal responsibility. Benhabib argues that in a globalized world where the consequences of one country's decisions (environmental, economic, military) directly affect the lives of people in other countries, such a ri ...
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