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Theories of citizenship from the West – pre-eminently those by T.H. Marshall – provide only a limited insight into East Asian political history. The Marshallian trajectory – juridical, political and social rights – was not repeated in Asia and the late nineteenth-century debate about liberalism and citizenship among intellectuals in Japan and China was eventually stifled by war, colonialism and authoritarian governments (both nationalist and communist). Subsequent attempts to import western-style democratic values and citizenship were to a large extent failures. Social rights have rarely been systematically incorporated into the political ideology and administrative framework of ruling governments. In reality, the predominant concern of both the state elite and the ordinary citizens was economic development and a modicum of material well-being rather than civil liberties. The developmental state and its politics take precedence in the everyday political process of most East Asian societies. These essays provide a systematic and comparative account of the tensions between rapid economic growth and citizenship, and the ways in which those tensions are played out in civil society.
The first interdisciplinary empirically-grounded pluri-jurisdictional assessment of the origins, operation and main causes of the growing global investment migration trend.
Almost everyone has citizenship, and yet it has emerged as one of the most hotly contested issues of contemporary politics. Even as cosmopolitan elites and human rights advocates aspire to some notion of "global citizenship," populism and nativism have re-ignited the importance of national citizenship. Either way, the meaning of citizenship is changing. Citizenship once represented solidarities among individuals committed to mutual support and sacrifice, but as it is decoupled from national community on the ground, it is becoming more a badge of privilege than a marker of equality. Intense policy disagreement about whether to extend birthright citizenship to the children of unauthorized immigrants opens a window on other citizenship-related developments. At the same time that citizenship is harder to get for some, for others it is literally available for purchase. The exploding incidence of dual citizenship, meanwhile, is moving us away from a world in which states jealously demanded exclusive affiliation, to one in which individuals can construct and maintain formal multinational identities. Citizenship does not mean the same thing to everyone, nor have states approached citizenship policy in lockstep. Rather, global trends point to a new era for citizenship as an institution. In Citizenship: What Everyone Needs to Know�, legal scholar Peter J. Spiro explains citizenship through accessible terms and questions: what citizenship means, how you obtain citizenship (and how you lose it), how it has changed through history, what benefits citizenship gets you, and what obligations it extracts from you--all in comparative perspective. He addresses how citizenship status affects a person's rights and obligations, what it means to be stateless, the refugee crisis, and whether or not countries should terminate the citizenship of terrorists. He also examines alternatives to national citizenship, including sub-national and global citizenship, and the phenomenon of investor citizenship. Spiro concludes by considering whether nationalist and extremist politics will lead to a general retreat from state-based forms of association and the end of citizenship as we know it. Ultimately, Spiro provides historical and critical perspective to a concept that is a part of our everyday discourse, providing a crucial contribution to our understanding of a central organizing principle of the modern world.
This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.
This unique collection of original works examines the relationship between citizen and state. Nine insightful contributions range from a transnational analysis of the corrosive influence of wealth elites on the functioning of the state, to models of state and citizen governance, to contrasting philosophies of citizenship.
Liberalism has traditionally been equated with protecting the rights of the individual. But how does this protection affect the cultural identity of these individuals? In The Boundaries of Citizenship Jeff Spinner addresses this question by examining distinctive racial, ethnic, and national groups whose identities may be transformed in liberal society. Focusing on the Amish, Hasidic Jews, and African Americans in the United States and on the Quebecois in Canada, Spinner explores the paradox of how liberal values such as equality and individual autonomy—which members of cultural groups often fight to attain—can lead to the unexpected transformation of the group's identity. Spinner shows how liberalism fosters this transformation by encouraging the dispersal of the group's cultural practices throughout society. He examines why groups that reject the liberal values of equality and autonomy are the most successful at retaining their distinctive cultural identity. He finds, however, that these groups also fit—albeit uneasily—in the liberal state. Spinner concludes that citizens are benefitted more than harmed by liberalism's tendency to alter cultural boundaries. The Boundaries of Citizenship is a timely look at how cultural identities are formed and transformed—and why the political implications of this process are so important. The book will be of interest to readers in a broad range of academic disciplines, including political science, law, history, sociology, and cultural studies.
Citizenship under Fire examines the relationship among civic education, the culture of war, and the quest for peace. Drawing on examples from Israel and the United States, Sigal Ben-Porath seeks to understand how ideas about citizenship change when a country is at war, and what educators can do to prevent some of the most harmful of these changes. Perhaps the most worrisome one, Ben-Porath contends, is a growing emphasis in schools and elsewhere on social conformity, on tendentious teaching of history, and on drawing stark distinctions between them and us. As she writes, "The varying characteristics of citizenship in times of war and peace add up to a distinction between belligerent citizenship, which is typical of democracies in wartime, and the liberal democratic citizenship that is characteristic of more peaceful democracies." Ben-Porath examines how various theories of education--principally peace education, feminist education, and multicultural education--speak to the distinctive challenges of wartime. She argues that none of these theories are satisfactory on their own theoretical terms or would translate easily into practice. In the final chapter, she lays out her own alternative theory--"expansive education"--which she believes holds out more promise of widening the circles of participation in schools, extending the scope of permissible debate, and diversifying the questions asked about the opinions voiced.