Seyla Benhabib on the Principles of Modern Migration Policy: Universalism, Rights, and the Democratic Iterative Process Seyla Benhabib (b. 1950) is one of the leading contemporary political philosophers, a professor at Yale University, whose works lie at the intersection of ethics, democratic theory, and international law. Her approach to migration policy represents a synthesis of liberal human rights universalism and communicative ethics, placed in the context of globalization and transnational flows. Benhabib criticizes both rigid state sovereignty and naive cosmopolitanism, proposing a third path based on the concepts of "discursive legitimation" and "the democratic iterative process". Critique of the Classical Paradigm: The "Paradox of Democratic Legitimacy" Benhabib begins with an analysis of a fundamental contradiction that intensifies in the age of migration: Principle of state sovereignty: In the classical Westphalian model, the state possesses an incontestable right to control its borders and determine who may become its member (citizen). This right is considered the cornerstone of democratic self-determination of the people (demos). Principle of universal human rights: According to international conventions (Universal Declaration of Human Rights, Geneva Convention of 1951), every person, regardless of nationality, possesses basic rights — to life, freedom from torture, asylum. These rights must be respected by all states. The paradox lies in the following: A democratic state, which is internally governed by the will of its people, acts as a sovereign repressive apparatus capable of denying fundamental rights to non-members of the community at its external borders. "We, the people" sovereignly decide who to exclude from the scope of our moral and legal responsibility. Benhabib argues that in a globalized world where the consequences of a country's decisions (environmental, economic, military) directly affect the lives of people in other countries, such a ri ... Read more