Banning things and liberal values

Why the French are wrong about face veils.

Just as someone once said that a nation can wage perpetual war for perpetual peace, some supposedly progressive people like to ban things just in order to make people free.

The latest example of such idiocy is the French ban on face veils, which takes effect today. Apparently legislating for what people wear, and invoking the coercive power of law to impose such legislation, is just the thing for a modern and secular society.

Of course, to use the criminal law in such a way is illiberal and inappropriate. It may well be that, at the extremes, the law should intervene to prevent the use of disguises for criminal activity. There are those who believe public nakedness should be banned on the basis of public decency. But any use of criminal law to govern the wearing of certain clothes, regardless of any question of criminality or decency, must be a disproportionate interference with a person's legitimate autonomy.

Just as it is wrong to force someone to wear a veil, it is wrong to force someone not to wear one. If there are examples of women being forced to wear a niqab or the burqa, there is no reason to believe a ban on wearing such items in public places will have any effect other than leaving the women stranded at home.

In any city you will see people with distinctive looks being stared at as they walk down the street. Some of these people may not actually want to be stared at, or at least not have their face exposed whilst being stared at. Unless there is a good and objective reason otherwise, they should be allowed to present themselves in public as they wish. The state does not necessarily know best.

Many secularists and liberals would prefer a world where individuals do not want to hide their faces as part of their social interactions; many secularists and liberals would welcome a world without any face veils. But for such a world to be imposed by legal force makes it a secular and liberal world not worth striving for.

 

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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The economic and moral case for global open borders

Few politicians are prepared to back a policy of free movement everywhere. Perhaps they should. 

Across the world, borders are being closed, not opened. In the US, Donald Trump has vowed to halve immigration to 500,000 and to cap the number of refugees at 50,000. In the UK, the Conservative government has reaffirmed its pledge to end free movement after Brexit is concluded. In Europe, Hungary, Poland and the Czech Republic are being sued by the EU for refusing to accept a mandatory share of refugees.

Even Jeremy Corbyn’s Labour Party has followed the rightward drift. Its general election manifesto promised to end free movement, and Corbyn recently complained of the “wholesale importation of underpaid workers from central Europe”.

Among economists, however, a diametrically opposed conversation prevails. They argue that rather than limiting free movement, leaders should expand it: from Europe to the world. Michael Clemens, a senior fellow at the Center for Global Development, likens the present system to leaving “trillion-dollar bills on the sidewalk”.

Economists estimate that allowing migrants to move to any country they choose would increase global GDP by between 67 and 147 per cent. A doubling of GDP (a $78trn increase) would correspond to 23 years of growth at 3 per cent. By contrast, the International Monetary Fund estimates that permitting the entirely free movement of capital would add a mere $65bn.

The moral case for open borders is similarly persuasive. As the Dutch historian Rutger Bregman writes in his recent book Utopia for Realists: “Borders are the single biggest cause of discrimination in all of world history. Inequality gaps between people living in the same country are nothing in comparison to those between separated global citizenries.” An unskilled Mexican worker who migrates to the US would raise their pay by around 150 per cent; an unskilled Nigerian by more than 1,000 per cent.

In his epochal 1971 work A Theory of Justice, the American philosopher John Rawls imagined individuals behind a “veil of ignorance”, knowing nothing of their talents, their wealth or their class. It follows, he argued, that they would choose an economic system in which inequalities are permitted only if they benefit the most disadvantaged. The risk of being penalised is too great to do otherwise. By the same logic, one could argue that, ignorant of their fortunes, individuals would favour a world of open borders in which birth does not determine destiny.

Yet beyond Rawls’s “original position”, the real-world obstacles to free movement are immense. Voters worry that migrants will depress their wages, take their jobs, burden the welfare state, increase crime and commit terrorism. The problem is worsened by demagogic politicians who seek to exploit such fears.

But research shows that host countries gain, rather than lose, from immigration. Migrants are usually younger and healthier than their domestic counterparts and contribute far more in tax revenue than they claim in benefits. Rather than merely “taking” jobs, migrants and their children create them (Steve Jobs, the son of a Syrian immigrant, is one example). In the US, newcomers are only a fifth as likely to be imprisoned as the native born. A Warwick University study of migration flows between 145 countries found that immigration helped to reduce terrorism by promoting economic development.

In a world of open borders, the right to move need not be an unqualified one (the pollster Gallup found that 630 million people – 13 per cent of the global population – would migrate permanently). Under the EU’s free movement system, migrants must prove after three months that they are working (employed or self-employed), a registered student, or have “sufficient resources” (savings or a pension) to support themselves and not be “a burden on the benefits system” – conditions that the UK, ironically, has never applied.

But so radical does the proposal sound that few politicians are prepared to give voice to it. An exception is the shadow chancellor, John McDonnell, who argued in 2016: “Inevitably, in this century, we will have open borders. We are seeing it in Europe already. The movement of peoples across the globe will mean that borders are almost going to become irrelevant by the end of this century, so we should be preparing for that and explaining why people move.”

At present, in a supposed era of opportunity, only 3 per cent of the global population live outside the country of their birth. As politicians contrive to ensure even fewer are able to do so, the case for free movement must be made anew.

George Eaton is political editor of the New Statesman.

This article first appeared in the 17 August 2017 issue of the New Statesman, Trump goes nuclear