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.

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Most Downloaded Articles
- Rethinking Citizenship through Alienage and Birthright Privilege: Bosniak and Shachar's Critiques of Liberal Citizenship by Song, Sarah
- Making Sense of Citizenship by Bosniak, Linda
- The Dark Side of Citizenship: Membership, Territory, and the (Anti-) Democratic Polity by Hayward, Clarissa Rile
- Blurring the Lines? Maritime Joint Development and the Cooperative Management of Ocean Resources by Schofield, Clive
- `The Reliance Interest in Contract Damages' and the Morality of Contract Law by Smith, Stephen A.
Boundaries and Birthright: Bosniak's and Shachar's Critiques of Liberal Citizenship
Rainer Bauböck1
1European University Institute, rainer.baubock@eui.eu
Citation Information: Issues in Legal Scholarship. Volume 9, Issue 1, Pages –, ISSN (Online) 1539-8323, DOI: 10.2202/1539-8323.1123, October 2011
Publication History:
- Published Online:
- 2011-10-24


















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