The Citizen and the Alien and The Birthright Lottery are outstanding works by scholars well informed on both law and moral philosophy. Their enterprises can be constructively carried further by increased engagement with the politics shaping modern nation-state citizenships. Bosniaks seminal analysis of the inconsistencies in immigration and citizenship policies can be extended by further engagement with the range of arguments used to defend restrictively bounded national citizenships. Shachars bold and original recommendations for lessening the trans-national inequalities of the modern nation-state system might be furthered by building also on obligations stemming from the mutually constitutive past and present relationships between particular richer and poorer states.
{"title":"The Political Challenges of Bounded, Unequal Citizenships","authors":"Rogers M. Smith","doi":"10.2202/1539-8323.1124","DOIUrl":"https://doi.org/10.2202/1539-8323.1124","url":null,"abstract":"The Citizen and the Alien and The Birthright Lottery are outstanding works by scholars well informed on both law and moral philosophy. Their enterprises can be constructively carried further by increased engagement with the politics shaping modern nation-state citizenships. Bosniaks seminal analysis of the inconsistencies in immigration and citizenship policies can be extended by further engagement with the range of arguments used to defend restrictively bounded national citizenships. Shachars bold and original recommendations for lessening the trans-national inequalities of the modern nation-state system might be furthered by building also on obligations stemming from the mutually constitutive past and present relationships between particular richer and poorer states.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1124","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68566728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This review essay argues that citizenship in contemporary states exposed to migration should be understood and evaluated as membership in territorially bounded and intergenerational political communities that are no longer fully separate from each other. Linda Bosniaks book exposes the ways in which the hard territorial border has been increasingly folded into the inside of the American polity but does not take sufficiently into account the complementary extension of membership boundaries beyond territorial borders through transnational citizenship links. Ayelet Shachars book is marked by a tension between a luck egalitarian critique of the privileges attached to birthright citizenship and a relational principle of jus nexi for determining claims to membership. I defend a principle of stakeholder citizenship that builds on the same intuition but includes a normative argument for birthright membership.
{"title":"Boundaries and Birthright: Bosniak's and Shachar's Critiques of Liberal Citizenship","authors":"R. Bauböck","doi":"10.2202/1539-8323.1123","DOIUrl":"https://doi.org/10.2202/1539-8323.1123","url":null,"abstract":"This review essay argues that citizenship in contemporary states exposed to migration should be understood and evaluated as membership in territorially bounded and intergenerational political communities that are no longer fully separate from each other. Linda Bosniaks book exposes the ways in which the hard territorial border has been increasingly folded into the inside of the American polity but does not take sufficiently into account the complementary extension of membership boundaries beyond territorial borders through transnational citizenship links. Ayelet Shachars book is marked by a tension between a luck egalitarian critique of the privileges attached to birthright citizenship and a relational principle of jus nexi for determining claims to membership. I defend a principle of stakeholder citizenship that builds on the same intuition but includes a normative argument for birthright membership.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1123","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68566628","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This introductory essay describes how the two remarkable books that are the subject of this Symposium, Linda Bosniaks The Citizen and the Alien and Ayelet Shachars The Birthright Lottery, denaturalize familiar conceptions of citizenship. The essay then conveys how each of the ten interlocutors invited to respond to Bosniak and Shachar address one particular question raised by both books, namely the relationship between national membership and bounded territory, to showcase the depth and complexity of this interdisciplinary conversation.
{"title":"Denaturalizing Citizenship: An Introduction","authors":"Leti Volpp","doi":"10.2202/1539-8323.1121","DOIUrl":"https://doi.org/10.2202/1539-8323.1121","url":null,"abstract":"This introductory essay describes how the two remarkable books that are the subject of this Symposium, Linda Bosniaks The Citizen and the Alien and Ayelet Shachars The Birthright Lottery, denaturalize familiar conceptions of citizenship. The essay then conveys how each of the ten interlocutors invited to respond to Bosniak and Shachar address one particular question raised by both books, namely the relationship between national membership and bounded territory, to showcase the depth and complexity of this interdisciplinary conversation.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1121","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68566017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Making Sense of Citizenship","authors":"Linda Bosniak","doi":"10.2202/1539-8323.1132","DOIUrl":"https://doi.org/10.2202/1539-8323.1132","url":null,"abstract":"Linda Bosniak responds to her interlocutors.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1132","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68567287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Linda Bosniaks The Citizen and the Alien and Ayelet Shachars The Birthright Lottery are important and provocative new works, each of which draws attention to the exclusions and inequalities bound up in practices of democratic citizenship. In my response, I argue that although each author articulates a powerful critique of the institution of citizenship, neither goes far enough in the political changes she proposes. Because power relations cross the boundaries that define territorially bounded political communities, neither extending nor redistributing the benefits attached to membership in those communities is enough. Democrats must find institutional means to define and secure rights, not according to citizenship understood as political membership, but according to participation in relations of power.
{"title":"The Dark Side of Citizenship: Membership, Territory, and the (Anti-) Democratic Polity","authors":"C. Hayward","doi":"10.2202/1539-8323.1125","DOIUrl":"https://doi.org/10.2202/1539-8323.1125","url":null,"abstract":"Linda Bosniaks The Citizen and the Alien and Ayelet Shachars The Birthright Lottery are important and provocative new works, each of which draws attention to the exclusions and inequalities bound up in practices of democratic citizenship. In my response, I argue that although each author articulates a powerful critique of the institution of citizenship, neither goes far enough in the political changes she proposes. Because power relations cross the boundaries that define territorially bounded political communities, neither extending nor redistributing the benefits attached to membership in those communities is enough. Democrats must find institutional means to define and secure rights, not according to citizenship understood as political membership, but according to participation in relations of power.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1125","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68566812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The assumption that the boundaries of justice and democracy coincide with the territorial boundaries of states is subject to increasing normative critique. Linda Bosniak and Ayelet Shachars recent books are part of this charge; their common starting point is the tension between a commitment to bounded citizenship that privileges citizens over noncitizens and the moral cosmopolitan claim that all human beings, regardless of their citizenship status, are entitled to equal concern and respect. Bosniaks focus is on the territorial interior and the difference that citizenship status does and doesnt make to the legal rights a territorially present person is entitled do. Shachar critiques birthright citizenship laws, which are a central mechanism by which global inequality is sustained. This review essay argues that while these authors identify important new challenges and offer innovative proposals, they only take us part of the way toward meeting the challenge of articulating citizenships ethical significance and the relationship between our national and global obligations.
{"title":"Rethinking Citizenship through Alienage and Birthright Privilege: Bosniak and Shachar's Critiques of Liberal Citizenship","authors":"Sarah Song","doi":"10.2202/1539-8323.1126","DOIUrl":"https://doi.org/10.2202/1539-8323.1126","url":null,"abstract":"The assumption that the boundaries of justice and democracy coincide with the territorial boundaries of states is subject to increasing normative critique. Linda Bosniak and Ayelet Shachars recent books are part of this charge; their common starting point is the tension between a commitment to bounded citizenship that privileges citizens over noncitizens and the moral cosmopolitan claim that all human beings, regardless of their citizenship status, are entitled to equal concern and respect. Bosniaks focus is on the territorial interior and the difference that citizenship status does and doesnt make to the legal rights a territorially present person is entitled do. Shachar critiques birthright citizenship laws, which are a central mechanism by which global inequality is sustained. This review essay argues that while these authors identify important new challenges and offer innovative proposals, they only take us part of the way toward meeting the challenge of articulating citizenships ethical significance and the relationship between our national and global obligations.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1126","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68567144","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In this contribution to "Legal Feminism Now," a symposium in Issues in Legal Scholarship, the author uses her personal alienation from feminism as a tool for examining the political and cultural risks entailed in feminist alliances with gender and family essentialists, over issues such as carework. She argues that these alliances may seem attractive as an incremental step to those whose goal is to improve work-life balance for all, but if the ladder is pulled up behind those who get benefits first, the result may be even further disadvantage for gender and family non-conformists.
在这篇为《法律学术问题》(Issues In Legal Scholarship)研讨会“现在的法律女权主义”(Legal Feminism Now)撰写的文章中，作者将自己与女权主义的个人疏离作为一种工具，来审视女权主义者与性别和家庭本质主义者结盟所带来的政治和文化风险，比如在照顾工作等问题上。她认为，对于那些以改善所有人的工作与生活平衡为目标的人来说，这些联盟可能看起来很有吸引力，是一个渐进的步骤，但如果梯子被拉到那些先得到好处的人后面，结果可能会对性别和家庭不墨守成规的人造成进一步的不利影响。
{"title":"Pulling the Ladder Up Behind You: Feminism and Family","authors":"Gowri Ramachandran","doi":"10.2202/1539-8323.1143","DOIUrl":"https://doi.org/10.2202/1539-8323.1143","url":null,"abstract":"In this contribution to \"Legal Feminism Now,\" a symposium in Issues in Legal Scholarship, the author uses her personal alienation from feminism as a tool for examining the political and cultural risks entailed in feminist alliances with gender and family essentialists, over issues such as carework. She argues that these alliances may seem attractive as an incremental step to those whose goal is to improve work-life balance for all, but if the ladder is pulled up behind those who get benefits first, the result may be even further disadvantage for gender and family non-conformists.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1143","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68568298","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This essay proposes possible causes of the dimunition in legal scholarship explicitly labelled 'feminist.' It considers a reduction in the overt hostility toward women in legal academics; a younger generation raised in a world with fewer barriers attributable to their gender; a younger generation raised in a world with a more complex and sophisticated understanding of the instability of gender; and the significant influence of internal criticism focusing attention on the array of categories of privilege that complicate gender. The essay concludes that significant feminist influences reside in research that is not framed as such.
{"title":"Architecture of Legal Feminism","authors":"Katharine B. Silbaugh","doi":"10.2202/1539-8323.1139","DOIUrl":"https://doi.org/10.2202/1539-8323.1139","url":null,"abstract":"This essay proposes possible causes of the dimunition in legal scholarship explicitly labelled 'feminist.' It considers a reduction in the overt hostility toward women in legal academics; a younger generation raised in a world with fewer barriers attributable to their gender; a younger generation raised in a world with a more complex and sophisticated understanding of the instability of gender; and the significant influence of internal criticism focusing attention on the array of categories of privilege that complicate gender. The essay concludes that significant feminist influences reside in research that is not framed as such.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1139","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68567754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This articles introduces Issues in Legal Scholarship's issue on feminist legal theory.
本文介绍了法学研究中关于女性主义法学理论的问题。
{"title":"Introduction: The Distinctive Energies of \"Normal Science\"","authors":"Kathryn Abrams","doi":"10.2202/1539-8323.1134","DOIUrl":"https://doi.org/10.2202/1539-8323.1134","url":null,"abstract":"This articles introduces Issues in Legal Scholarship's issue on feminist legal theory.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1134","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68567639","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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