Wellman's Arguments and critiques
Why does Fine think that Wellman’s argument is "novel and interesting"?
Fine finds Wellman’s argument "novel and interesting" because he presents a seemingly liberal justification for a state's right to exclude immigrants.
According to Fine, how are people harmed by preventing their immigration?
Fine argues that preventing immigration harms individuals by preventing them from living in a particular place, maintaining relationships, and accessing opportunities.
Why does Fine challenge Wellman’s assumption that states can exclude immigrants in the same way homeowners can exclude people from their houses?
Wellman assumes that states have territorial rights similar to property ownership, but Fine argues he does not justify why states have such rights.
What analogy does Wellman use to support his argument for the state's right to exclude?
Wellman claims that states have the right to exclude immigrants based on the same principles that justify an individual’s right to choose their spouse or religious group
Why does Fine argue that exclusion from a state is more harmful than exclusion from a private club?
Exclusion from a state is not like exclusion from a private club because it can prevent individuals from securing jobs, reuniting with family, or escaping persecution.
What additional justification does Fine argue Wellman must provide in order to fully support his argument?
Fine argues that states must justify their right to control territory separately from their right to control citizenship.
What extreme consequence does Fine highlight in Wellman’s argument for a state’s right to exclude?
Wellman’s argument would allow states to restrict immigration even for people in desperate need, including refugees fleeing persecution.
What is one reason Fine gives for why states are different from private clubs?
Unlike membership in a private club, which is voluntary, individuals are born into states and often cannot leave freely.
What issue does Fine raise about state territorial rights in relation to property ownership?
If a state does not own its land in the same way an individual owns property, then its right to exclude people from entering remains questionable.
What is Wellman’s central claim about freedom of association?
Wellman argues that freedom of association includes the right to exclude, even at the level of the state.
Why does Fine argue that states should not have the same strong right to exclude as intimate or expressive associations?
Expressive associations express a single point of view; thus, states aren't expressive associations because freedom of association within a liberal state is supposed to facilitate the citizens’ freedom to express various points of view
Why does Wellman not appear to conceive the state’s relationship to its territory as one of ownership
States do not necessarily have the right to bar foreigners from visiting for a duly limited period
What analogy does Fine use to argue that a right to exclude from an association does not imply a right to exclude from a territory?
A yoga group meeting in a public park can exclude members from the group, but it cannot prevent people from being in the park itself.
Why does Fine argue that states should not have the same right to exclude as voluntary groups?
Fine argues that states exercise coercion over people within their borders, making them fundamentally different from voluntary associations.
According to Wellman how do states fulfill their territorial requirements and become "sufficiently territorially contiguous”
States must nonconsensually coerce those within their borders