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Gigi asked:

Hi. I don’t really know if this makes sense, but according to Deontology and the Universal Moral Imperative, are immigration raids considered moral? Meaning that if anyone was able to conduct an immigration raid at any time, would to world still be a rational place?

Answer by Gideon Smith-Jones

There was once a question on Ask a Philosopher about whether it was ethical according to the Universalizability Principle to post questions on Ask a Philosopher. The problem being that if everybody posted a question, then the service would be swamped and unable to cope.

This is absurd, of course, but it highlights the problem of applying the Universalizability Principle without sufficient thought about what exactly is the thing we are universalizing.

You have a hunch that immigration raids are not always ethical, and that this has something to do with the Universalizability Principle. But what, exactly?

Some would say, the more immigration raids the better. Get rid of all those damned illegal immigrants. Others see a problem — can you say what it is? Two words: probable cause.

In the US, to get a search warrant, or an arrest warrant, there has to be probable cause. You can’t just arrest someone and interrogate them on the off chance that they might confess to doing something illegal. You can’t just search someone’s house on the off chance that they have stolen goods stashed. There has to be something, some meaningful evidence to justify the warrant.

In the UK, the law is different, but a case still has to be made, that there is a reasonable prospect that illegality is involved. There have to be grounds for suspicion.

Well, we know which areas of town where you’re most likely to find illegal immigrants. Let’s just start at the end of the street and raid every house. But that’s not enough. The reason that it is not enough is that if the principle according to which the proposed action was accepted, then you could arrest someone for any reason you like.

Now, we’re getting close to the application of the Universalizability Principle.

Suppose it turns out that the proportion of criminals with the name ‘Smith’ is higher than the proportion of Smiths in the general population. Is that sufficient ground for arresting someone on the grounds that their name is Smith? Why, or why not?

Suppose it turns out that stolen goods are more likely to be found in houses that have a green door, than in houses with doors of any other colour. Is that sufficient ground for searching any house with a green door? Why, or why not?

When you’ve puzzled that out, you will have the answer to your question. If the law (where you happen to live) allows immigration raids without ‘reasonable suspicion’ or ‘probable cause’ then according to the Universalizability Principle the law is wrong. It cannot be ethically justified.

 

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