Citizenship Without Magic
Lois Harder
I share Costica Dumbrava’s critique of ius sanguinis citizenship, and ultimately what is, I think, his rejection of birth as the basis for political membership generally. Of course, there are issues of practicality – of the world as
we find it – that might limit whether and how one would advance the abolishment of birthright citizenship in light of specific political dynamics. But
it is precisely those practicalities, and the near unthinkability of alternatives
to birth-based citizenship that demand our interrogation of birthright in the
first instance. As Joseph Carens has argued with respect to his advocacy of
open borders, ‘even if we must take deeply rooted social arrangements as
givens for purposes of immediate action in a particular context, we should
never forget about our assessment of their fundamental character. Otherwise
we wind up legitimating what should only be endured’.1
In his contribution to this Forum, Rainer Bauböck defends birthright
citizenship and argues that in both of its iterations (ius sanguinis and ius
soli) it avoids political division and ‘creates a quasi-natural equality of
status’ among citizens who are entitled to claim it. But what about the
inequality that divides the entitled from the unentitled? Political communities may be unavoidably bounded, but if a normative commitment to human
rights is our guiding frame, it seems incumbent upon us to advance methods or prospects for membership that reduce the barriers to belonging as
much as possible. Moreover, as Jacqueline Stevens trenchantly observes,
in defining the bounds of equal citizenship, borders also form the boundaries of our non-emergency expressions of compassion.2 To the extent that
birthright entitlement advances a seemingly unassailable claim to exclusionary membership, its advocacy runs counter to a broader commitment to
humanitarianism.
1
2
Carens, J. (2013), The Ethics of Immigration. New York: Oxford University
Press, 229.
Stevens, J. (2010), States without Nations: Citizenship for Mortals. New York:
Columbia University Press, 9.
© The Author(s) 2018
R. Bauböck (ed.), Debating Transformations of National Citizenship,
IMISCOE Research Series,
https://doi.org/10.1007/978-3-319-92719-0_21
109
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents