On Population Design. Using Migration Law to Dismantle Constitutional Democratic Institutions

Keynote speech by Patricia Mindus, 2023-2024 Paris IAS Fellow, as part of the "15th Conference of the Italian Society for Analytic Philosophy"

The theme of the "15th Conference of the Italian Society for Analytic P

In this talk, Patricia Mindus draws on philosophy of law and employ analytical philosophical tools to point to knowledge gaps we have concerning how we understand the nexus migration, constitution and population. Her talk builds on the insight that legal thinking concerns institutional facts. Against this background, I distinguish between migration and mobility, only the first being an institutional fact. It is important to understand that migration statuses in the law are not necessarily grounded on mobility. Thus, the design and management of migration statuses play an important part in shaping the ‘population’ of a country: migration and citizenship law enable population design. These policy areas directly or indirectly determine the extension and social composition of the population in a political community, and attribute rights and duties that contribute to determine that individual’s position within society and within the power-setting of the constitutional framework. These areas thus impact on the constitutional bedrock of the state. Some examples of population design are discussed. 

More information about this event : http://sifaphilosophy.eu/?p=4958