Legal Citizenship Research Articles

Inequality, Crime and Economic Growth. A Classical Argument for Distributional Equality

This paper studies the dynamic general-equilibrium interactions between inequality, crime and economic growth by embedding the rational choice-theoretical approach to criminal behavior in a heterogeneous-agents endogenous-growth OLG model. Based on their respective opportunity costs, individuals choose to specialize in either legal or criminal activities. While legal households contribute to aggregate goods supply over time by either working or building human capital, criminals make a living by expropriating legal citizens of part of the latter's income. An increase in inequality lowers the economy's growth rate and possesses negative welfare effects for all agents with endowments equal to or above average and for agents with endowment below average that are born sufficiently far in the future.

The Ties that Unwind: Civic and Ethnic Imaginings in New Zealand

Abstract. This paper argues that examining the interweaving of ethnic and civic elements best explains current tensions in ethnic politics in New Zealand in elite state and nation‐building and how these shape patterns of inclusion or exclusion of aboriginal and immigrant minorities. Theories of ethnic and civic nationalism are discussed briefly and the distinctiveness of settler societies is explored. Recent trends promoting biculturalism and multiculturalism are examined. A discussion of legal citizenship since 1840 reveals the linkages and persistence of three historical trajectories – the decolonising of aboriginal people (Maori), the de‐colonial movement among Pakeha (‘white Europeans’), and the partial de‐alienising of immigration. These trajectories, I conclude, reflect in‐built tensions between different historical and current ethnic and civic representations of the New Zealand nation‐state.

The Meaning and Significance of Citizenship in a Transnational World: Implications for Public Administration

What are the meaning and significance of national citizenship in an increasingly global society? That question is not easily answered, but the clear implication is that the world as we know it in the late 20th Century may have made national citizenship less meaningful, significant, and useful as a category within which to understand one’s public obligations, both as a citizen and as an employee of the citizenry. In this paper, we explore the question of national citizenship because the world in which we live seems to transcend the boundaries of the nation-state with ever-increasing speed and pervasiveness. We define legal and ethical citizenship and review the general arguments against national citizenship as a meaningful and significant concept and role. We proceed to consider positive proposals for alternative postnational constructs and discuss the implications of a transnational view of citizenship for public administrators and public administrative ethics.

Nationalism, Political Community and the Representation of Society

Discussion of political and legal citizenship requires attention to social solidarity. Current approaches to citizenship, however, tend to proceed on abstract bases, neglecting this sociological dimension. This is partly because a tacit understanding of what constitutes a `society' has been developed through implicit reliance on the idea of `nation'. Issues of social belonging are addressed more directly in communitarian and multiculturalist discourses. Too often, however, different modes of solidarity and participation are confused. Scale is often neglected. The model of `nation' again prefigures the ways in which membership and difference are constructed. The present paper suggests the value of maintaining a distinction among relational networks, cultural or legal categories, and discursive publics. The first constitute community in a sense quite different from either of the second and third. Categories, however, are increasingly prominent in largescale social life. But the idea of the public is crucial to conceptualizing democratic participation.

Concepts of Citizenship and Identity among Recent Asian Immigrants in Australia

Theories of citizenship and, in particular, its exclusionary features in a period of globalization have particular significance for an avowedly immigrant society such as Australia with a policy commitment to multiculturalism. The nature of Australian national identity and citizenship reemerged on the political agenda in conjunction with the 1988 Bicentennial celebrations of European settlement. Debate continues as moves towards becoming a republic with an Australian head of state replacing the British monarch strengthen. As elsewhere, government is focusing attention on the need for citizenship and civics education. An important constituency in this process are the immigrants, especially those from Asia whose ancestors were the target of nationalistic exclusion critical to the formation of the Commonwealth of Australia. This article examines the views on citizenship and identity of a national sample of recent Asian immigrants to Australia. We argue that for considerable numbers an instrumental conception of citizenship underlies their approach to acquiring Australian citizenship. This ‘instrumental citizenship’ is located within their migratory experience and the political traditions of their homelands as well as within their Australian settlement experiences. For many, legal citizenship has not led to a sense of full incorporation into Australian society as indicted by their continuing perception of themselves as ‘migrants’. Reasons for this are complex and involve an interplay of personal factors as well as attitudes and experiences in Australian society whose significance varies from group to group. Such a disjuncture between legal citizenship and personal identity has implications for both governmental policies and theorization about the nature of citizenship.

When States' Attorneys General Write Books on Native American Law: A Case Study of Spaeth's "American Indian Law Deskbook"

The conference felt the need to provide its staffs, and practicing lawyers more generally, with a comprehensive treatise on Indian law. My effort here is not to challenge or critique the specific legal doctrine within the deskbook. Rather, I wish to suggest several reasons why this deskbook fails to bridge the gap between Anglo-dominated federal and state laws and the legal perspectives and legal needs of Native Americans. The central tenet of my effort is to show that Spaeth's deskbook is nothing more than a self-serving collaborative effort by elected political officials to foster a symbolic gesture of concern and compassion for Native Americans. Spaeth, and his fellow members of CWAG, are mere apologists for a legal system that generally has relegated Native Americans to second-class legal citizenship for more than 200 years. The conference simply has produced a document that speaks in the defense of the American legal system. It is 460 pages of myth-inducing, faithinspiring rhetoric giving credence and justification to the continued repression of Native Americans by the American legal system.

Prospects for multiculatural societies in Europe

Combined with and alongside a biological racism which we could define as classic, there is another, even more insidious, form of racism ? "cultural racism." Clearly this is not a recent problem. Even in a peripheral culture such as Italy's, the question has already been discussed, however fleetingly. In 1967, the journal "La critica sociol?gica" hosted some tough critical questioning of the "conservatives disguised as radicals", who explained the Israeli victory, under the leadership of Moshe Dayan, over Egyptian troops in the 6-day war in terms of a cultural "differential" ? Mental agility, rationality, technical ability and it was argued, and IQ were all in evidence in the Israelis, markedly lacking in their opponents. Arrigo Benedetti hymned the Israeli victory as one of culture over barbarism, intelligence over stupidity.1 The lie was duly given by the Yom Kipper war. Today, the names of Arrigo Benedetti and Eugenio Scalfari must be replaced by those of G. Toraldo de Francia, A. Arbasino, C. Magris, M. G. Losano, among others.2 The essence has not changed, however. They hold that the inferiority of extra-communitarian immigrants is established by their cultural differential aside from any qualification attesting biological superiority or inferiority. Very conveniently, though with the touching ingenuousness of those who state the obvious as if it were an unheard of discovery, they "shift" the question from immigration to racism. This displaces the question from specific problems of a practical, political-juridical kind posed by the full recognition of immigrants' civil rights as full, legal citizens, onto the purely idle, pseudophilosophizing, parascientific speculations that have served as "an alibi for the delays, indolence, and faults of central and local government policies on the phenomenon of immigration."3

Combating terrorism: Report to the committee of legal affairs and citizens’ rights of the European Parliament

This study traces the history of the European Parliament's efforts to deal with international terrorism from 1975 through 1988. It also examines the European Convention on the Suppression of Terrorism, efforts at intergovernmental cooperation (the Dublin Agreement, TREVI, the European Political Cooperation), anti‐terrorist legislation, and extradition. It is argued that the establishment of a European judicial area is essential in a unified Europe, so as to overcome the legal and procedural barriers that exist between nations. The political and legal spheres must develop in parallel, necessitating a harmonization of legislation and increased coordination of the judiciary and of security forces. The essay concludes that creating a European Court would resolve the dilemma of countries refusing either to extradite or try a suspect. In such cases, the suspect would be tried before the European court.

Aims of the Voluntary Federation of City Construction Workers

Abstract The Voluntary Federation of City Construction Workers of China is hereby formally founded on this twenty-first day of May at 6 p.m. The aims of the Federation are as follows: We are not parolees of forced labor camps; we are legal citizens of the Republic. We want democracy and freedom. The students have gone on a hunger strike to petition for the people. We workers are Chinese with conscience. The government being as vicious as it is, we workers have the greatest sympathy for our student brothers and sisters and pledge to support them to the end!

The Role of Women in Religious Riots During the French Revolution

AS THE PARADE FOR THE FESTIVAL of the Supreme Being was forming in Auxerre on 20 prairial an II (30 June 1794), one soldier turned to an old woman looking on and asked her why she wasn't joining in the festival. She responded, Ce n'est pas le tien que j'adore; il est trop jeune; c'est le vieux. (It is not your god that I adore. He is too young. It is the old one.)' Behind the simple statement of this old Auxerroise lay a wealth of unspoken beliefs and meanings. When the radical leaders of the French Revolution launched the dechristianization campaign of 1793-94 to close churches, to urge priests to abdicate, and to replace Catholicism with new revolutionary cults and with a secular political culture, many French men and women shared the reluctance of this old woman of Auxerre to set aside traditional Christian beliefs and practices. Particularly when the Thermidoreans relaxed some of the laws regarding public worship after the fall of Robespierre, Catholic villagers struggled through legal and illegal means to return to collective Catholic practice. Both men and women participated in the movement to resurrect Catholicism in the late 1790s. Together they pressured local officials to reopen churches and protect priests from arrest; together they created innovative forms of lay worship and danced on saints' days in open defiance of the law. However, there were differences in the roles and attitudes of Catholic men and women as they strove to regain the right to worship. Women were constantly in the forefront of the religious movement, especially as leaders of religious riots. And according to most testimony of the time, Catholic women seemed even more intent than their husbands on returning to public Catholic practice. Traditional prerevolutionary roles combined with the social and legal structures of France in the 1790s to bring about a gender-based dichotomy in the means of the religious revival. While Catholic men, as legal citizens, could use the petition, the vote, and the village assembly to put legal pressures on local and national authorities, women more often voiced their demands through di-

The Contradictions of Immigration Lawmaking: The Immigration Reform and Control Act of 1986

This paper argues that the Immigration Reform and Control Act of 1986 is a composite of contradictory measures. On one hand, employer sanctions are meant to curtail the employment of undocumented workers and preserve the U.S. labor market for legal residents and citizens; on the other hand, special foreign worker programs are designed to enhance the supply of immigrant workers. In an effort to make sense of these contradictions, the author places the legislation in historical context and proposes a dialectical model of immigration policymaking.

Professional Wrestling in Japan — Media and Message

This paper documents the important role of Western-style professional wrestling in the popular culture of Japan, focusing on the early years in which it was established, 1953-1963. These were also the years in which television achieved its phenomenal growth, and the symbiotic relationship between the "sport" and the medium is explored.The star of professional wrestling in Japan during these years was the former sumo wrestler Rikidozan. He faced a steady stream of foreign wrestlers, mainly from America. The fact that he was actually of Korean origins was a well kept secret.It is shown that the great popularity of professional wrestling in Japan is related to its embracing of a powerful theme: Japan against the world, the West, America.2 In Goffman's terms, the transformation is probably closer to a fabrication than a keying. Erving Goffman, Frame Analysis (Philadelphia, University of Pennsylvania Press, 1974). See also Lee Thompson "Puroresu no fureimu bunseki" (A frame analysis of pro wrestling), Shakai t...

The City as a Local Political Economy

The contemporary city is widely regarded as being politically and economically weak and relatively powerless. This may well be the case but it need not be. The city has lost its function in meeting the economic and spiritual needs of its people. In consequence, while it has legal citizens, it lacks real committed citizens. On the existence of such committed citizens the city'sfuture depends. Turning the city into a cooperative for the economic and spiritual full employment of its people would provide a basis for a revival and a recovery of function.

USSR: Taxation of Foreign Legal Entities and Citizens

USSR: Taxation of Foreign Legal Entities and Citizens

DU KAN IKKE TALE OM DAS BECKWERK; DU ER ALLEREDE I DAS BECKWERK

YOU CAN’T TALK ABOUT DAS BECKWERK; YOU ARE ALREADY IN DAS BECKWERK | Subjected to a one-year ban on performances in the public spaces of Scandinavia, the former CEO of the Copenhagen-based enterprise Das Beckwerk held a lecture on 9th December 2011 solely for the ears of the rising star of fictionality and narratology Richard Walsh from the University of York. The lecture dealt not only with the disappearing boundaries betweenreality and fiction but also with how novel characters have become legal citizens, while the author is turned into fiction. Finally the former CEO dismisses the judgment in the famous trial “Thomas Skade-Rasmussen Strøbech versus Gyldendal and Helge Bille Nielsen”. He calls it unjust and a neglect of the fictional character’s right to a personal name, story and picture.

The Changing Economic Status of the Negro

T HE position of Negro workers in the economic history of the country has been determined largely by the special circumstances responsible for their presence here. Their labor was required, initially, as a simple multiplication of hands, for the arduous routine of developing a new country. These special circumstances demanded a fixed occupational as well as social status, which was in time profoundly disturbed by their emancipation and reestablishment as legal citizens, nominally on an equal footing with the descendants of the early settlers themselves. The question of the economic status of Negroes as an independent element of the population, thus, is of comparatively recent concern. It is doubtful, however, if this special status is more than a relationship. For, apart from the persistent influence, to the very present, of the institution of slavery, this class of labor has been a vital, even if un-selfconscious part of the history of tobacco, cotton and cane, of the agricultural and industrial life of the South; and no inconsiderable part of the whole development of the nation's resources. Its heavy shadow has been cast over the white laboring class in the South, against the foreign hordes of immigration, and against the industrial course of women workers.