Refugee Law and Its Corruptions

Abstract

This paper asks whether refugee law is morally trustworthy. Trustworthiness here denotes that those who make refugee law—in particular those who decide refugee claims—are competent in this domain and are moved by the fact that refugee claimants and citizens of countries of refuge count on them to make morally sound decisions. Drawing on Adam Smith’s sentimentalist theory of law, the paper argues that refugee law is presumptively subject to various corruptions of the moral sentiments, namely national prejudice, contempt for the lowly, love of domination, and self-deceit. Combined, these corruptions may explain the apparent arbitrariness of refugee claim outcomes. They also suggest that we should be skeptical of any claims regarding the moral trustworthiness of refugee law. What they do not suggest, contrary to more cynical theories, is that refugee law is free of normative constraint.