The Birthright Lottery

The Birthright Lottery
Author: Ayelet Shachar
Publisher: Harvard University Press
Total Pages: 290
Release: 2009-04-30
Genre: Law
ISBN: 0674267265
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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 She deploys this fresh perspective to establish that nations need to expand their membership boundaries beyond outdated notions of blood-and-soil in sculpting the body politic.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.

The Birthright Lottery

The Birthright Lottery
Author: Ayelet Shachar
Publisher: Harvard University Press
Total Pages: 290
Release: 2009-08-30
Genre: Law
ISBN: 0674054598
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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.

The Shifting Border - Legal Cartographies of Migration and Mobility

The Shifting Border - Legal Cartographies of Migration and Mobility
Author: Ayelet Shachar
Publisher:
Total Pages: 224
Release: 2020-02
Genre:
ISBN: 9781526145338
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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

Citizenship and Nationhood in France and Germany
Author: Rogers BRUBAKER
Publisher: Harvard University Press
Total Pages: 285
Release: 2009-06-30
Genre: History
ISBN: 0674028945
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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.

Migrations and Mobilities

Migrations and Mobilities
Author: Seyla Benhabib
Publisher: NYU Press
Total Pages: 515
Release: 2009-03-01
Genre: Law
ISBN: 0814729436
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Deportation Nation

Deportation Nation
Author: Daniel Kanstroom
Publisher: Harvard University Press
Total Pages: 353
Release: 2010-03-15
Genre: Law
ISBN: 0674056566
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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.

The Oxford Handbook of Citizenship

The Oxford Handbook of Citizenship
Author: Ayelet Shachar
Publisher: Oxford University Press
Total Pages: 816
Release: 2017-08-03
Genre: Law
ISBN: 0192528424
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Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity and belonging; as civic virtues and practices of engagement; and as a discourse of political and social equality or responsibility for a common good. The contributors engage with some of the oldest normative and substantive quandaries in the literature, dilemmas that have renewed salience in today's political climate. As well as setting an agenda for future theoretical and empirical explorations, this Handbook explores the state of citizenship today in an accessible and engaging manner that will appeal to a wide academic and non-academic audience. Chapters highlight variations in citizenship regimes practiced in different countries, from immigrant states to 'non-western' contexts, from settler societies to newly independent states, attentive to both migrants and those who never cross an international border. Topics include the 'selling' of citizenship, multilevel citizenship, in-between statuses, citizenship laws, post-colonial citizenship, the impact of technological change on citizenship, and other cutting-edge issues. This Handbook is the major reference work for those engaged with citizenship from a legal, political, and cultural perspective. Written by the most knowledgeable senior and emerging scholars in their fields, this comprehensive volume offers state-of-the-art analyses of the main challenges and prospects of citizenship in today's world of increased migration and globalization. Special emphasis is put on the question of whether inclusive and egalitarian citizenship can provide political legitimacy in a turbulent world of exploding social inequality and resurgent populism.

What is a Refugee?

What is a Refugee?
Author: William Maley
Publisher: Oxford University Press
Total Pages: 289
Release: 2016-12-01
Genre: Social Science
ISBN: 0190694734
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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.

Birthright Citizens

Birthright Citizens
Author: Martha S. Jones
Publisher: Cambridge University Press
Total Pages: 269
Release: 2018-06-28
Genre: History
ISBN: 1107150345
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Explains the origins of the Fourteenth Amendment's birthright citizenship provision, as a story of black Americans' pre-Civil War claims to belonging.

The Citizen and the Alien

The Citizen and the Alien
Author: Linda Bosniak
Publisher: Princeton University Press
Total Pages: 235
Release: 2008-09-08
Genre: Political Science
ISBN: 1400827515
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Citizenship presents two faces. Within a political community it stands for inclusion and universalism, but to outsiders, citizenship means exclusion. Because these aspects of citizenship appear spatially and jurisdictionally separate, they are usually regarded as complementary. In fact, the inclusionary and exclusionary dimensions of citizenship dramatically collide within the territory of the nation-state, creating multiple contradictions when it comes to the class of people the law calls aliens--transnational migrants with a status short of full citizenship. Examining alienage and alienage law in all of its complexities, The Citizen and the Alien explores the dilemmas of inclusion and exclusion inherent in the practices and institutions of citizenship in liberal democratic societies, especially the United States. In doing so, it offers an important new perspective on the changing meaning of citizenship in a world of highly porous borders and increasing transmigration. As a particular form of noncitizenship, alienage represents a powerful lens through which to examine the meaning of citizenship itself, argues Linda Bosniak. She uses alienage to examine the promises and limits of the "equal citizenship" ideal that animates many constitutional democracies. In the process, she shows how core features of globalization serve to shape the structure of legal and social relationships at the very heart of national societies.