Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Citizenship in Federal Systems

Citizenship in Federal Systems PETER H. SCHUCK I. INTRODUCTION An odd and somewhat disquieting feature of citizenship talk in the academy is its oscillation between two discursive poles, one for- malistic and the other substantive. We commonly speak of th e legal 2 3 principles tha t regulate the statuses of citizen and non-citizen. But we also speak of what citizenship actually means in a society in which citizens and aliens tend to be unequa l in resources as well as in status. We generally use the formalistic conception to describe what th e law says citizenship is, and the substantive conception to com­ pare what it is with what we thin k it could and should be. This ten- PETER H. SCHUCK is the Simeon E. Baldwin Professor, Yale Law School. This is a revised version of a paper presented at a conference on "Individual, Community, Na­ tion: 50 Years of Australian Citizenship" in Melbourne July 21-23, 1999. I wish to than k Donald Horowitz, Vicki Jackson, Larry Kramer, and Peter Spiro for their com­ ments on the conference draft. Brett Gerry, a 1999 graduate of Yale Law School, and Elizabeth Cohen, a graduate student in political science at Yale, provided fine http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Citizenship in Federal Systems

Schuck, Peter H.
American Journal of Comparative Law , Volume 48 (2) – Apr 1, 2000
Download PDF
32 pages

Loading next page...
 
/lp/oxford-university-press/citizenship-in-federal-systems-DnnX7oN0P9

References (0)

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Oxford University Press
Copyright
© 2000 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840970
Publisher site
See Article on Publisher Site

Abstract

PETER H. SCHUCK I. INTRODUCTION An odd and somewhat disquieting feature of citizenship talk in the academy is its oscillation between two discursive poles, one for- malistic and the other substantive. We commonly speak of th e legal 2 3 principles tha t regulate the statuses of citizen and non-citizen. But we also speak of what citizenship actually means in a society in which citizens and aliens tend to be unequa l in resources as well as in status. We generally use the formalistic conception to describe what th e law says citizenship is, and the substantive conception to com­ pare what it is with what we thin k it could and should be. This ten- PETER H. SCHUCK is the Simeon E. Baldwin Professor, Yale Law School. This is a revised version of a paper presented at a conference on "Individual, Community, Na­ tion: 50 Years of Australian Citizenship" in Melbourne July 21-23, 1999. I wish to than k Donald Horowitz, Vicki Jackson, Larry Kramer, and Peter Spiro for their com­ ments on the conference draft. Brett Gerry, a 1999 graduate of Yale Law School, and Elizabeth Cohen, a graduate student in political science at Yale, provided fine

Journal

American Journal of Comparative Law – Oxford University Press

Published: Apr 1, 2000

There are no references for this article.