Jacob T. Levy on Tensions Between Immigration Control and the Rule of Law

On this episode, Nathan Goodman interviews political theorist Jacob Levy about the rule of law and its tensions with modern immigration enforcement. Drawing on his 2018 article, “The rule of law and the risks of lawlessness,” Levy explains that the rule of law requires laws to be general, predictable, and applied equally. Referencing thinkers like Montesquieu, Fuller, Hayek, Oakeshott, and Shklar, Levy argues that immigration control often violates these principles, especially when it involves militarized policing, extrajudicial punishment, and fear-based governance, which ultimately threatens both civil liberties and democratic institutions.

Dr. Jacob T. Levy is Tomlinson Professor of Political Theory and associated faculty in the Department of Philosophy at McGill University. He is the coordinator of McGill’s Research Group on Constitutional Studies and was the founding director of McGill’s Yan P. Lin Centre for the Study of Freedom and Global Orders in the Ancient and Modern Worlds. He is a Senior Fellow at the Niskanen Center. He is the author of The Multiculturalism of Fear (Oxford University Press, 2000) and Rationalism, Pluralism, and Freedom (Oxford University Press, 2014).