138 Kubben well as ‘transnational’ identities that might have been more relevant to people in pre-modern societies, such as the distinction between free man and slave, distinctions based on profession or social status (e.g. the Indian caste system6), culture (e.g. the distinction between people from their own ‘civilization’ and ‘barbarians’ made by the Greeks and Chinese7) or religion8 (the Islamic umma and dhimmi system9 or the medieval European notion of the Christianitas10). To be sure, there has been legal discrimination between natives and foreigners throughout history. If foreigners were acknowledged as legal subjects, then quite often, legal differences would emerge between foreigners belonging to another community and those that did not. These differences would arise e.g. because of treaties that were concluded between the country of residence and their home country as international relations intensified and became more sophisticated or because they could invoke rights and privileges attached to community membership against the ruler or in courts of their place of residence as well, or because, the law of their home country or tribe would be applied to them. In contrast, occasionally, the historical counterparts of ‘stateless persons’ may have been better off since quite often a person would risk reprisals against him or his goods abroad because of crimes committed by fellow countrymen or because of his ruler’s unpaid debts. In general, however, people’s rights and legal status would depend on so many more aspects than the citizen/foreigner distinction that, at times, 6 7 8 9 10 John Keay, India. A History (New York 2000) 52-55 and 188-189. For resembling social systems in China, Japan, and Europe, see Barend ter Haar, Het Hemels Mandaat. De geschiedenis van het Chinese Keizerrijk (Amsterdam UP 2010) 263-264 and 268; Kenneth Henshall, A History of Japan from Stone Age to Superpower (New York 2004) 54; Georges Duby, Les trois ordres ou l’imaginaire du féodalisme (Paris 1978). Aristotle, n1 67-69; Finer, n4 324-325; Ter Haar, n6 106-107. Finer, n4 23-27. Antony Black, The History of Islamic Political Thought. From the Prophet to the Present (Edinburgh 2001) 11-14 and 208-210; Samuel Finer, The History of Government. vol. II The Intermediate Ages (Oxford UP 1999) 666-676 and 674-675; M. Khadduri, The Law of War and Peace in Islam. A Study in Muslim International Law (London 1940) 78-81 and 104-110; M. Khadduri, The Islamic Law of Nations. Shaybani’s Siyar (Baltimore 1966) 10; Bat Ye’or, The Decline of Eastern Christianity under Islam. From Jihad to Dhimmitude (MadisonTeaneck 1996) 69-99. Wilhelm Grewe, The Epochs of International Law (Michael Byers tr., Berlin-New York 2000) 51-59; Osiander, n3 268-282; Heinhard Steiger, ‘From the International Law of Christianity to the International Law of the World Citizen’ (2001) 3 Journal of the History of International Law 180, 184-187. For differences in rights ensuing from being part of Christianity or not, see Hugo Grotius, On the Law of War and Peace, (orig. 1625, Stephen Neff ed., Cambridge UP 2012) 372-373. tilburg law review 19 (2014) 136-152