{"title":"通过异化和出生特权重新思考公民权:波什尼亚克和沙查尔对自由公民权的批评","authors":"Sarah Song","doi":"10.2202/1539-8323.1126","DOIUrl":null,"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":0.0000,"publicationDate":"2011-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1126","citationCount":"4","resultStr":"{\"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\":null,\"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\":0.0000,\"publicationDate\":\"2011-01-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.2202/1539-8323.1126\",\"citationCount\":\"4\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Issues in Legal Scholarship\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2202/1539-8323.1126\",\"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/10.2202/1539-8323.1126","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Rethinking Citizenship through Alienage and Birthright Privilege: Bosniak and Shachar's Critiques of Liberal Citizenship
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.
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.