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Shachar argues that birthright citizenship in an affluent society can be thought of as a form of property inheritance: that is, a valuable entitlement transmitted by law to a restricted group of recipients under conditions that perpetuate the transfer of this prerogative to their heirs.
The vast majority of the global population acquires citizenship purely by accidental circumstances of birth. There is little doubt that securing membership status in a given state bequeaths to some a world filled with opportunity and condemns others to a life with little hope. Gaining privileges by such arbitrary criteria as one’s birthplace is discredited in virtually all fields of public life, yet birthright entitlements still dominate our laws when it comes to allotting membership in a state. In The Birthright Lottery, Ayelet Shachar argues that birthright citizenship in an affluent society can be thought of as a form of property inheritance: that is, a valuable entitlement transmitted by law to a restricted group of recipients under conditions that perpetuate the transfer of this prerogative to their heirs. She deploys this fresh perspective to establish that nations need to expand their membership boundaries beyond outdated notions of blood-and-soil in sculpting the body politic. Located at the intersection of law, economics, and political philosophy, The Birthright Lottery further advocates redistributional obligations on those benefiting from the inheritance of membership, with the aim of ameliorating its most glaring opportunity inequalities.
Birth-based citizenship is widely considered to be the most secure claim to political belonging. Despite the general belief that liberal democracies are formed through consent, in fact, most people are members of a political community by virtue of the circumstances of their birth. In Canadian Club, Lois Harder tracks the development of Canada’s Citizenship Act from its first iteration in 1947 to the provisions governing the citizenship of children born abroad to Canadian parents with the assistance of reproductive technologies. Reviewing a range of cases, Harder reveals how membership in the Canadian political community relies on norms surrounding gender, family, and sexuality, as well as presumptions regarding the constitution of "authentic" national identity, racial hierarchy, and the rightness of settler colonialism. Canadian Club concludes with a consideration of alternative approaches to forming political communities. Ultimately, it asks whether birth-based citizenship is the best we can do and what a more democratic and socially just alternative might look like.
The Shifting Border - Legal Cartographies of Migration and Mobility by Ayelet Shachar Pdf
A critical assessment from the perspective of political and legal theory of how shifting borders impact on migration, mobility and the protection of displaced persons
Citizenship and Nationhood in France and Germany by Rogers BRUBAKER Pdf
The difference between French and German definitions of citizenship is instructive--and, for millions of immigrants from North Africa, Turkey, and Eastern Europe, decisive. Rogers Brubaker shows how this difference--between the territorial basis of the French citizenry and the German emphasis on blood descent--was shaped and sustained by sharply differing understandings of nationhood, rooted in distinctive French and German paths to nation-statehood.
Citizenship and Human Rights by Christian H Kälin Pdf
Can universal human rights and different national citizenship regimes ever be compatible? This book argues that they can't, setting out a legal-philosophical critique of the tension between both. It explores whether the emergence of postnational models of citizenship that aim at decoupling human rights and citizenship succeed in overcoming tensions between the universal (multiculturalism; universal human rights; postnational values) and the particular (citizenship; borders; national values and diverse local narratives). As a result of this exploration, the author argues that it is illegitimate to speak of universal human rights, universal human dignity, or universal social justice. It is only by recognising this reality that a much needed transformation of human rights and citizenship can be undertaken in a meaningful way. This provocative and compelling work will appeal to both human rights and citizenship lawyers, as well as others involved in human rights law at NGOs, governments, international organisations and indeed anyone with an interest in the subject of how human rights evolved and new concepts for the future.
The danger of deportation hangs over the head of virtually every noncitizen in the United States. In the complexities and inconsistencies of immigration law, one can find a reason to deport almost any noncitizen at almost any time. In recent years, the system has been used with unprecedented vigor against millions of deportees. We are a nation of immigrants--but which ones do we want, and what do we do with those that we don't? These questions have troubled American law and politics since colonial times. Deportation Nation is a chilling history of communal self-idealization and self-protection. The post-Revolutionary Alien and Sedition Laws, the Fugitive Slave laws, the Indian "removals," the Chinese Exclusion Act, the Palmer Raids, the internment of the Japanese Americans--all sought to remove those whose origins suggested they could never become "true" Americans. And for more than a century, millions of Mexicans have conveniently served as cheap labor, crossing a border that was not official until the early twentieth century and being sent back across it when they became a burden. By illuminating the shadowy corners of American history, Daniel Kanstroom shows that deportation has long been a legal tool to control immigrants' lives and is used with increasing crudeness in a globalized but xenophobic world.
Winner of the Hugo and Nebula Awards for best novel Four travelers come to the ringworld. . . Louis Wu: human and old; bored with having lived too fully for far too many years. Seeking a challenge, and all too capable of handling it. Nessus: a trembling coward, a puppeteer with a built-in survival pattern of nonviolence. Except that this particular puppeteer is insane. Teela Brown: human; a wide-eyed youngster with no allegiances, no experience, no abilities. And all the luck in the world. Speaker-To-Animals: kzin; large, orange-furred, and carnivorous. And one of the most savage life-forms known in the galaxy. Why did these disparate individuals come together? How could they possibly function together? And where, in the name of anything sane, were they headed?
With the arrival in Europe of over a million refugees and asylum seekers in 2015, a sense of panic began to spread within the continent and beyond. What is a Refugee? puts these developments into historical context, injecting much-needed objectivity and nuance into contemporary debates over what is to be done. Refugees have been with us for a long time -- although only after the Great War did refugee movements commence on a large scale -- and are ultimately symptoms of the failure of the system of states to protect all who live within it. Providing a terse user's guide to the complex legal status of refugees, Maley argues that states are now reaping the consequences of years of attempts to block access to asylum through safe and 'legal' means. He shows why many mooted 'solutions' to the 'problem' of refugees -- from military intervention to the warehousing of refugees in camps -- are counterproductive, creating environments ripe for the growth of extremism among people who have been denied all hope. In a globalised world, he concludes, wealthy states have the resources to protect refugees. And, as his historical account shows, courageous individuals have treated refugees in the past with striking humanity. States today could do worse than emulate them.
Citizenship as a Human Right by Gonçalo Matias Pdf
This book examines a stringent problem of current migration societies—whether or not to extend citizenship to resident migrants. Undocumented migration has been an active issue for many decades in the USA, and became a central concern in Europe following the Mediterranean migrant crisis. In this innovative study based on the basic principles of transnational citizenship law and the naturalization pattern around the world, Matias purports that it is possible to determine that no citizen in waiting should be permanently excluded from citizenship. Such a proposition not only imposes a positive duty overriding an important dimension of sovereignty but it also gives rise to a discussion about undocumented migration. With its transnational law focus, and cases from public international law courts, European courts and national courts, Citizenship as a Human Right: The Fundamental Right to a Specific Citizenship may be applied to virtually anywhere in the world.
Ius Doni in International Law and EU Law by Christian H. Kälin Pdf
In Ius Doni in International Law and EU Law, Dr. Christian H. Kälin establishes the concept of ius doni as one of the latest trends of acquisition of citizenship by investment, quickly spreading among states.
The End of the End of History by Alex Hochuli,George Hoare Pdf
The “End of History” is over. The idea that Western liberal democracy was the “final form of human government” has been exposed as bluster: the old order is crumbling before our eyes. Angry anti-politics have arisen to threaten political establishments across the world. Elites have fallen into hysteria, blaming voters, “populism”, Putin, Facebook… anyone but themselves. They are suffering from Neoliberal Order Breakdown Syndrome. Emerging from four years of interviews and debates on the popular global politics podcast Aufhebunga Bunga, The End of the End of History examines how the political consequences of the 2008 financial crisis have come home to roost. If Trump and Brexit shattered the liberal-democratic consensus in 2016, then the global pandemic of 2020 put a final end to the “End of History”. Politics is back, but it’s stranger than ever.
With COVID-19 comes a heightened sense of everyday risk. How should a society manage, distribute, and conceive of it? As we cope with the lengthening effects of the global COVID-19 pandemic, considerations of everyday risk have been more pressing, and inescapable. In the past, everyone engaged in some degree of risky behaviour, from mundane realities like taking a shower or getting into a car to purposely thrill-seeking activities like rock-climbing or BASE jumping. Many activities that seemed high-risk, such as flying, were claimed basically safe. But risk was, and always has been, a fact of life. With new focus on the risks of even leaving the safety of our homes, it’s time for a deeper consideration of risk itself. How do we manage and distribute risks? How do we predict uncertain outcomes? If risk can never be completely eliminated, can it perhaps be controlled? At the heart of these questions—which govern everything from waking up each day to the abstract mathematics of actuarial science—lie philosophical issues of life, death, and danger. Mortality is the event-horizon of daily risk. How should we conceive of it?