Title:
1-
- Citizenship as an oligarchic good
- Citizenship as a network good
- The model
- Principles
- Templates of domicile
- Objections
- Conclusion
2- Citizenship as national membership has
exclusionary effects which undermine the
normative ideals of democratic participation and
equality. - Liberal nationalism and contractarian moral
theory do not regard this as problematic, because
they have been premised on the assumption that
national societies are self-sufficient and
self-enclosed schemes of social co-operation the
membership of which is by and large confined to
co-nationals (Walzer 1983). Accordingly, the
exclusion of non-national residents from the
rights and benefits of citizenship is seen as a
necessary consequence of a communitys process of
self-definition.
3- But this assumption is flawed. Not only it is
based on an odd circularity, whereby aliens are
by definition outside the community by virtue of
a prior self-definition of the community which
separates us and them and privileges us
over them, but it also screens out the various
lines of connections and ties of interdependence
between us and them. - Political exclusion and the transformation of
democracy into an ethnarchy might not be
necessary, albeit unfortunate, consequences of a
communitys right to democratic
self-determination, but, instead, they may be
contingent consequences of a contestable model of
democracy which is rooted in the modern
national-statist world and is, therefore, in need
of correction in this millennium.
4 AN ALTERNATIVE CONCEPTION OF CITIZENSHIP?
- Postnational citizenship the legal discourse on
human rights has permeated national legal orders
and led to the dilution of the natural
dichotomy between citizens and aliens (Soysal
1994) and the decline of national citizenship
(Jacobson 1996). - BUT human rights are the outgrowth of commitments
made by the state which remains the body that
defines the nature and scope of the rights
granted to resident non-nationals. And while
international law has helped the plight of
migrants, it has never called into question the
nationality principle as the basis for
distributing community membership -
- Transnational citizenship - international
migration and the ensuing interactions between
receiving and sending countries result in the
creation of mobile societies beyond the borders
of territorial states (Baubock 1994). - BUT transnational citizenship denies neither the
existence nor the normative relevance of borders
and nation-states. - Citizenship thus remains a national statist
affair and no one has articulated an
institutional framework of postnational
citizenship
5- Active Connections
-
- State
- ? Individual ?Community/nation
- Individual
-
-
-
- Domicile captures the various connections and
bonds of association - that a person has with a political community and
its legal system from - which rights and obligations flow.
-
-
6Principles
-
- Domicile (the special connection that one has
with a country in which she has her permanent
home) (factum of residence animus). - Ius soli
- The independence of domicile for married partners
- Free will
7Templates
- Db - domicile of birth (the domicile a person
acquires at birth ius soli tenacious) - Dc - domicile of choice (the domicile that a
person of full age may voluntarily acquire by
residing in a country other than that of his/her
origin) - Da the domicile a person acquires by being
legally dependent (a derived domicile under the
age of 16 Da and Db, later either Db and Dc or Db
and Da continues to exist as deemed domicile of
choice). - Combinations
8The Anatomy Of Civic Integration
- Integration requirements in citizenship laws
- Integration requirements in order to enter
European countries, obtain temporary or permanent
residence and to have access to social benefits - Integration abroad - pre-departure integration
tests for spouses seeking family reunification
9- The Framer
- Governmental elites are not only implicated in
diagnostic exercises but they are also part of
the integration issue - Civic integration programmes are state-led
projects
- The Frame
- The meaning of integration
- A discursive isomorphomism in favour of
integration and assimilation - Integration as a second order concept
- A law enforcement and sanctions-based approach
(power, control, hierarchy, the test as a
disciplinary technique)
10The Integration Contract
- (Interrogating the conceptual frame and shedding
light onto why and how ideals, assumptions and
reasoning templates are implicated in the
adoption and justification of civic integration
programmes)Travelling backwards in timeTheory
(From the melting pot to ordopolitics)History
(Education tests in America in the mid-19th
century, literacy tests designed to exclude
undesirable races from entry into the US,
Immigration Restriction Bill 1886, Naturalisation
Act of 1906, the Americanisation movement,
dictation tests in Australia, Subversive
Activities Control Act of 1950)Conclusion the
conceptual frames of integration and assimilation
and their institutional manifestations cannot be
separated from nationpolitics and ideology.
11The Fictive Contract
- Freedom to enter a contractual relationship?
- Mutual recognition of party status?
- No intersubjective understanding following
dialogue, exchange of views and negotiation - Integration contracts are mandatory and migrants
do not have the power to negotiate or change the
terms - Can integration be delivered?
12The Integration Frame The Pluralistic Frame
Obsession with national identity Belonging as something that develops as a matter of course
Re-education Newcomers have to unlearn the old and learn the new before being admitted into the country and into political membership Newcomers are welcome and encouraged to express their individuality
The content of re-education is determined by state authorities and includes formal courses, compulsory attendance, specified hours and curriculum Learning occurs as matter of fact in everyday life social interactions, the workplace, the market, religious ceremonies are sites of learning and newcomers should be encouraged to take part in as many spheres of social life as possible
Learning is an obligation and the cost should be borne by newcomers themselves Learning is self-directed, unavoidable and the host society should be actively committed to investing in human capital
Education to learn the language, history and ways of life of the host society is a means of ensuring social cohesion and harmony Linguistic adaptation is matter of time and a positive context of reception facilitates this process. Knowledge of history and ways of life s obtained via living and working in the host country and migrants should be allowed the freedom to pursue their own priorities of making a living, settling and creating a home for themselves and their families
Coercion penalties for non-attendance and exam failure Being made to feel at home civic and political participation encouraged and valued
Passive and subject status they must know their place Collaborators, stakeholders and citizens in waiting
It is the responsibility of the newcomers to demonstrate their commitment to the country by jumping over the hurdles and their devotion to its national values It is the responsibility of the newcomers to be law abiding and willing contributors to the commonwealth
Re-certifying their commitment at multiple gates should they really be here? who is worthy to belong to the community of citizens? A common sense approach accrediting their resources, skills, hard labour, commitment, dynamism, problem-solving capacity and resilience
Nationality is the foundation of the unity of society homogeneity (linguistic, cultural, religious or ethnic) is an ideal and the norm The unity of society is achieved by doing things together, solving problems together by designing appropriate institutions and by valuing the efforts of all those who contribute to the commonwealth
Ethnocentric communities by design or default Dynamic and relaxed communities
Integration as hierarchy and intolerance Emphasis on participation, equal treatment and non-discrimination
13David Olesons parquet deformation created at
Cargegie-Mellon in 1964.
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