Jus Domicile: In Pursuit of a Citizenship of Equality and Social Justice

Published date01 April 2012
AuthorHarald Bauder
DOI10.3366/jipt.2012.0038
Date01 April 2012
Subject MatterArticle
JUS DOMICILE: IN PURSUIT OF A CITIZENSHIP OF EQUALITY
AND SOCIAL JUSTICE
HARALD BAUDER
Abstract: Although foreign workers contribute to the economy and society,their
lack of citizenship renders them unequal, vulnerable and exploitable. In this
article, I suggest that the citizenship principle of jus domicile can address this
aspect of inequality and exploitation experienced by migrant labour. In addition,
I argue that the jus domicile principle should be combined with open borders.
In making this argument, I draw on a dialectical methodology and a diverse
literature on social justice and liberal political theory. The model I am developing
is not necessarily for immediate policy implementation but rather presents a
vision for a future of free mobility and settlement.
Keywords: Citizenship, distinction, jus domicile, liberal theory, open borders,
social justice
Introduction
Foreign migrant workers are an increasingly important labour force for
industrialized economies. Although foreign workers contribute to the economy
and society, they are denied equality and remain politically excluded. Lacking
the rights and entitlements associated with citizenship, these migrants are not
only unequal human beings but they are also vulnerable and exploitable workers.
Citizenship is a key attribute that distinguishes foreign migrant labour and
workers with precarious status from citizens.
In this article, I build on existing empirical and theoretical research to explore
the conditions that would be necessary for labour migration to occur in an
equitable and socially just manner. In this exploration, I bring together various
bodies of literature, including a social theory perspective of distinction and
Journal of International Political Theory, 8(1–2) 2012, 184–196
DOI: 10.3366/jipt.2012.0038
© Edinburgh University Press 2012
www.eupjournals.com/jipt
184

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