6
Introduction
realities and the theories of colonisation and slavery, for example. Examining
these roots is crucial to understanding and addressing the blind spots in liberal
ism today, and will be the focus of Chapter 3.
As with citizenship, an individual might well be pretty much unaware of her/is
noncitizen relationship with a State. As will be shown in Chapter 8, this relationship
can be ‘activated’ when a person is made to feel particularly vulnerable – and this
vulnerability is challenging both to the individual and to the State. Activated noncit
izenship can challenge the legitimacy of a State built upon liberal democratic prin
ciples. It can also be practically challenging to the State’s functioning. It can even
represent an existential challenge to a liberal State. The way this plays out is best
seen at the extremities. From one side, there are irregular migrants and stateless
persons as presented in Chapter 4. This includes people who are physically present
within a State that denies a relationship with them and obligations towards them.
Coming from the other direction, situations of colonisation give rise to unwanted
and ambivalent citizenship, and poverty and discrimination mean that formal cit
izenship can be unfulfilled. The individuals involved across these situations are not
only not acting as citizens. They can be seen to be in positive relationships with
States. ‘Noncitizenship’ gives us a way in which to examine the form of that rela
tionship, not as an absence, but as an individual-State relationship in its own right.
Noncitizens, then, have claims upon States, qua noncitizens. The obligations
generated by activated noncitizenship can be understood through the tool of
‘dynamic capabilities’. The framework of ‘dynamic capabilities’ uses the core
notion of capabilities developed by Martha Nussbaum and Amartya Sen, that
what is important is what a person can do and be.17 The notion of ‘capabilities’ is
co-opted in this book in order to identify the sorts of claims arising from
noncitizen-vulnerability. It will not be possible to delineate a universal list of
obligations or claims for all people in all contexts for all time. Instead, a dynamic
approach can take into account the changing nature of individuals’ capabilities
and associated needs, the States and societies that may or may not facilitate
them, and crucially, the role of the actors involved in framing the context within
which this takes place. But the idea of ‘dynamic capabilities’ goes further than
this. It also includes an examination of how the individual and the State can be
part of crafting the context within which capabilities can be realised.
Locating noncitizenship within liberalism
Given liberalism is such a broad church (and note, ‘liberal’ here refers to the
philosophical tradition rather than colloquial or party-political uses of the term),
it is worth sketching briefly what it means here. Individualism, equality, and
liberty are core elements of liberalism. I include also solidarity which, though
17 Note, for example, Martha Nussbaum and Amartya Sen (1993) The Quality of Life, Oxford Uni
versity Press; Martha Nussbaum (2003) ‘Capabilities as Fundamental Entitlements: Sen and
Social Justice’, pp. 33–59 in Feminist Economics 9; Amartya Sen (2005) ‘Human Rights and
Capabilities’, pp. 151–166 in Journal of Human Development 6(2).