Subjectivity Citizenship And Belonging In Law

This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

The Individual in International Law collects the work of esteemed scholars to examine the effects of humanisation on international law, and how individual status, rights, and obligations have changed the international legal system throughout history and into the present day.

Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.

What can the universals of political philosophy offer to those who experience "the living paradox of an inegalitarian construction of egalitarian citizenship"? Citizen Subject is the summation of Étienne Balibar’s career-long project to think the necessary and necessarily antagonistic relation between the categories of citizen and subject. In this magnum opus, the question of modernity is framed anew with special attention to the self-enunciation of the subject (in Descartes, Locke, Rousseau, and Derrida), the constitution of the community as “we” (in Hegel, Marx, and Tolstoy), and the aporia of the judgment of self and others (in Foucualt, Freud, Kelsen, and Blanchot). After the “humanist controversy” that preoccupied twentieth-century philosophy, Citizen Subject proposes foundations for philosophical anthropology today, in terms of two contrary movements: the becoming-citizen of the subject and the becoming-subject of the citizen. The citizen-subject who is constituted in the claim to a “right to have rights” (Arendt) cannot exist without an underside that contests and defies it. He—or she, because Balibar is concerned throughout this volume with questions of sexual difference—figures not only the social relation but also the discontent or the uneasiness at the heart of this relation. The human can be instituted only if it betrays itself by upholding “anthropological differences” that impose normality and identity as conditions of belonging to the community. The violence of “civil” bourgeois universality, Balibar argues, is greater (and less legitimate, therefore less stable) than that of theological or cosmological universality. Right is thus founded on insubordination, and emancipation derives its force from otherness. Ultimately, Citizen Subject offers a revolutionary rewriting of the dialectic of universality and differences in the bourgeois epoch, revealing in the relationship between the common and the universal a political gap at the heart of the universal itself.

The migration and settlement of 11 million unauthorized immigrants is among the leading political challenges facing the United States today. The majority of unauthorized immigrants in the U.S. have been here for more than five years, and are settling into American communities, working, forming families, and serving in the military, even though they may be detained and deported if they are discovered. An open question remains as to what to do about unauthorized immigrants who are already living in the United States. On one hand it is important that the government sends a message that future violations of immigration law will not be tolerated. On the other sits a deeper ethical dilemma that is the focus of this book: what do the state and citizens owe to unauthorized immigrants who have served their adopted country? Earned Citizenship argues that long-term unauthorized immigrant residents should be able to earn legalization and a pathway to citizenship through service in their adopted communities. Their service would act as restitution for immigration law violations. Military service in particular would merit naturalization in countries with a strong citizen-soldier tradition, including the United States. The book also considers the civic value of caregiving as a service to citizens and the country, contending that family immigration policies should be expanded to recognize the importance of caregiving duties for dependents. This argument is part of a broader project in political theory and public policy aimed at reconciling civic republicanism with a feminist ethic of care, and its emphasis on dependency work. As a whole, Earned Citizenship provides a non-humanitarian justification for legalizing unauthorized immigrants based on their contributions to citizens and institutions in their adopted nation.

The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden? is a critical study of the scope of EU citizenship as an 'equal status' of all Member State nationals. The book re-conceptualises the relationship between the status of EU citizenship and EU citizens' fundamental right to equal treatment by asking what indicates the presence of agency in EU law. A thorough analysis of the case-law is used to support the argument that the present view of active citizenship in EU law fails to explain how EU citizens should be treated in relation to one another and what counts as 'related' for the purposes of equal treatment in a transnational context. In addressing these questions, the book responds to the increasing need to find a more substantive theory of justice for the European Union. The book suggests that a more balanced view of agency in the case of EU citizens can be based on the inherent connection between citizens' agency and their subjectivity. This analysis provides an integrated philosophical account of transnational equality by showing that a new source of 'meaningful relationships' for the purposes of equal treatment arises from recognizing and treating EU citizens as full subjects of EU law and European integration. The book makes a significant contribution to the existing scholarship on EU law, first, by demonstrating that the undefined nature of EU citizenship is fundamentally a question about transnational justice and not just about individual rights and, secondly, by introducing a framework within which the current normative indeterminacy of EU citizenship can be overcome.

The Arts of Citizenship in African Cities pushes the frontiers of how we understand cities and citizenship and offers new perspectives on African urbanism. Nuanced ethnographic analyses of life in an array of African cities illuminate the emergent infrastructures and spaces of belonging through which urban lives and politics are being forged.

Who or what is entitled to act on the international plane? Where should responsibility for violations of international law lie? What sort of entities are capable of possessing international legal rights? What is the status of individuals, minority groups, non-governmental bodies, international organisations and animals in the international legal order and how has their status shifted over time? International Legal Personality contains fourteen articles that address these and related questions. In historical and contemporary writings, international lawyers grapple with the nature of legal identity, and confront global distributions of authority and responsibility, as they explore who or what is a 'person' in the international legal order. These essays document the emergence of an international legal order increasingly conceived in terms of patterns and probabilities, rather than as the stagecraft of a small company of permanent players.

This book explores the complex category of the ‘skilled migrant,’ drawing on multi-sited narrative interviews with migrants who have all lived in Australia at some point in their lives (as an origin and/or destination). Developing the more nuanced concept of the ‘mobile settler’, it shows how becoming a skilled migrant is not just a political and economic determination of knowledge and human capital but a complex negotiation of contexts – immigration contexts, social locations, qualifications and skills, as well as personal ties. Belying the simple binaries of official visa categories, these diverse contexts of migrant experience are central to the ways migrants construct their personal histories and negotiate their shifting attachments to home and belonging over time and space. By highlighting how migrants imagine their own complex social, cultural, national, professional and linguistic identities and pathways, this book extends the agent-centred approaches to global mobility and transnationalism that have emerged in cultural studies and social and cultural geography in recent years, according greater recognition to the individualised, local and lived experiences of global migration and thus engaging more deeply with global concerns about increased mobility and the challenges it represents.

Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.