{"title":"边界与与生俱来的权利:波什尼亚克和沙查尔对自由公民权的批判","authors":"R. Bauböck","doi":"10.2202/1539-8323.1123","DOIUrl":null,"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":0.0000,"publicationDate":"2011-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1123","citationCount":"7","resultStr":"{\"title\":\"Boundaries and Birthright: Bosniak's and Shachar's Critiques of Liberal Citizenship\",\"authors\":\"R. Bauböck\",\"doi\":\"10.2202/1539-8323.1123\",\"DOIUrl\":null,\"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\":0.0000,\"publicationDate\":\"2011-10-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.2202/1539-8323.1123\",\"citationCount\":\"7\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Issues in Legal Scholarship\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2202/1539-8323.1123\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Issues in Legal Scholarship","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2202/1539-8323.1123","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Boundaries and Birthright: Bosniak's and Shachar's Critiques of Liberal Citizenship
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.
期刊介绍:
Issues in Legal Scholarship presents cutting-edge legal and policy research using the format of online peer-reviewed symposia. The journal’s emphasis on interdisciplinary work and legal theory extends to recent symposium topics such as Single-Sex Marriage, The Reformation of American Administrative Law, and Catastrophic Risks. The symposia systematically address emerging issues of great significance, offering ongoing scholarship of interest to a wide range of policy and legal researchers. Online publication makes it possible for other researchers to find the best and latest quickly, as well as to join in further discussion. Each symposium aims to be a living forum with ongoing publications and commentaries.