Seyla Benhabib on the Rights of Migrants: The Ethics of Hospitality in the Context of Sovereign Borders
Introduction: The Challenge of Migration to Modern Democracy
Seyla Benhabib (born 1950) is one of the leading contemporary political philosophers, a professor at Yale University, whose work lies at the intersection of critical theory, feminism, and democratic theory. Her concept of the rights of migrants represents a profound ethical and political response to one of the key paradoxes of the globalized world: the existence of universal human rights in the context of the particular sovereignty of national states, whose borders remain the main instrument of exclusion.
Critique of "Methodological Nationalism" and the Right to Hospitality
Benhabib begins with a critique of the deeply rooted in the social sciences "methodological nationalism" — the assumption that the national state and its borders are a natural and unchanging framework for the analysis of society, law, and politics. This approach considers migrants as a "problem" or an exception to the norm. In contrast, Benhabib, following Immanuel Kant, rehabilitates the concept of "the right to hospitality" (the right to hospitality).
However, she transforms the Kantian idea (which was limited and temporary) into a stronger principle. For Benhabib, the right to hospitality is not just a moral duty, but an emerging human right (an emerging human right) that should be legally recognized. This right includes:
The right to appeal (the request for entry and asylum cannot be met with hostility).
The right to conditional membership for those who have been in the territory of the state for a long time.
Example: The situation with "dreamers" in the United States — illegal immigrants brought to the country by their parents as children. Despite de facto full integration into American society (language, culture, education), they are denied legal status. Benhabib argues that their long-term presence and social connections create ...
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