Foreigners: Insiders, outsiders and the ethics of membership

Review of Politics

Volumn 59, Issue 2, 1997, Pages 259-292

  Booth, William James ^a  

^a NONE

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EID: 0039561512     PISSN: 00346705     EISSN: 17486858     Source Type: Journal    
DOI: 10.1017/S0034670500026632     Document Type: Article

References (196)

1. See Emile Benveniste, Le vocabulaire des institutions indo-europeennes, 2 vols. (Paris: Editions de Minuit, 1969), 1: 313ff.
2. Some of these tensions are captured in Almut Loycke, "Der Gast, der bleibt. Dimensionen von Georg Simmels Analyse des Fremdseins," in Der Gast, der bleibt. Dimensionen von Georg Simmels Analyse des Fremdseins, ed. Almut Loycke (Frankfurt: Campus Verlag, 1992), pp. 103-109.
3. See also Tzvetan Todorov, Nous et les autres (Paris: Editions du Seuil, 1989). This description of the status of the outsider is by no means peculiar to the Greek or Roman world.
4. For comparable nonclassical analyses see Meyer Fortes, "Strangers," in Studies in African Social Anthropology, ed. Meyers Fortes and Sheila Patterson (London: Academic Press, 1975), pp. 229-53;
5. on the inequality of resident strangers, see Enid Schildkraut, "Strangers and local government in Kumasi," Journal of Modern African Studies 8 (1970): 251-69;
6. on hospitality toward strangers, Julian Pitt-Rivers, "The law of hospitality," in The Fate ofSchechem or the Politics of Sex. Essays in the Anthropology of the Mediterranean (Cambridge: Cambridge University Press, 1977).
7. Plato Republic 562e.
8. See for example Plato Republic 375a-d;
9. Aristotle Politics 1252b8ff, 1253a.
10. The quoted sentence is from Stanley Hoffmann, quoted in James S. Fishkin, "The Boundaries of Justice," Journal of Conflict Resolution 27 (1983): 360.
11. JOrgen Habermas, "Citizenship and National Identity: Some Reflections on the Future of Europe," Praxis International 12 (1992): 13
12. and Jttrgen Habermas and Adam Michnik, "A Dialogue on Nationalism," New York Review of Books 41 (1994): 25;
13. Hannah Arendt, The Burden of Our Time (London: Sacker and Warburg, 1951), pp. 275-276
14. See also Almut Loycke, "Der Gast, der bleibt. Dimensionen von Georg Simmels Analyse des Fremdseins," p. 103.
15. J. G. A. Pocock, "The Ideal of Citizenship Since Classical Times," Queen's Quarterly 99 (1993): 51;
16. Tom Bottomore, "Citizenship and Social Class, Forty Years On," in T. H. Marshall, Citizenship and Social Class (London: Pluto Press, 1992), pp. 66, 84.
17. Georg Simmel, "The Stranger" in The Sociology ofGeorg Simmel. trans, and ed. K. H. Wolff (Glencoe, IL: Free Press, 1950), pp. 402-408.
18. See John Locke, "For a General Naturalization (1693)" pp. 385-387
19. reprinted in David Resnick, "John Locke and the Problem of Naturalization," Review of Politics 49 (1987): 368-88.
20. To his credit, though, Locke rejected any distinction between naturalized citizens and native-born ones, and noted that the ancestors of most present day Englishmen were themselves foreigners.
21. Henry Sidgwick, The Elements of Politics, 2nd ed. (London: Macmillan, 1897), pp.307-309;
22. Charles R. Beitz, "Cosmopolitan Ideals and National Sentiment/" Journal of Philosophy 80 (1983): 592-93;
23. and Brian Barry, "Self-Government Revisited," in The Nature of Political Theory, ed. David Miller and Larry Siedentop (Oxford: Clarendon Press, 1983), pp. 126-127
24. John Stuart Mill, Considerations on Representative Government (South Bend, IN: Gateway, 1962), pp. 307, 309, 311;
25. and see Geraint Parry, "Traditions, Community and Self-Determination," British Journal of Political Science 12( 1982): 416-417
26. On this neglect see Veit Bader, "Citizenship and Exclusion: Radical Democracy, Community, and Justice. Or, What is Wrong with Communitarianism? " Political Theory 23 (1995): 212-213 Several exceptions to this
27. for example, Joseph Carens and Bader himself, are cited in this essay. There is also a large body of literature, much of it developed in France, that is related to the arguments made here.
28. For some recent examples, see Julia Kristeva, Etrangers a nous-memes (Paris: Gallimard, 1988);
29. Dominique Schnapper, La Communaute des Citoyens (Paris: Gallimard, 1994);
30. Martine Xiberras, Les Theories de L 'exclusion (Paris: Meridiens Klincksieck, 1994);
31. Jean Baudrillard and Marc Guillaume, Figures de L 'alterite (Paris: Descartes & Cie, 1994);
32. Abdelmalek Sayad, L 'immigration ou les Paradoxes de L 'alterite (Brussels: De Boeck, 1991).
33. See for example Iris Marion Young, "Polity and Group Difference: A Critique of the Ideal of Universal Citizenship," Ethics 99 (1989): 250-274
34. and Justice and the Politics of Difference (Princeton: Princeton University Press, 1990). The Epilogue of that book seeks to move the analysis beyond the community of members.
35. Bruce A. Ackerman, Social Justice in the Liberal State (New Haven: Yale University Press, 1980), p. 93.
36. See Yael Tamir, Liberal Nationalism (Princeton: Princeton University Press, 1993), pp. 117-119, 121, 130. As will become clear, I question Tamir's valuation of that contradiction (the practices, she seems to suggest, are more right than the theory), as well as her justification for it.
37. See also John Rawls, "The Law of Peoples," Critical Inquiry 20 (1993): 36-68
38. and Rawls, Political Liberalism (New York: Columbia University Press, 1993), pp. xviii, 3, 12-13, 40ff;
39. Marshall, Citizenship and Social Class, pp. 6, 18;
40. Brian Barry, The Liberal Theory of Justice (Oxford: Clarendon Press, 1973), p. 129;
41. Fishkin, "The Boundaries of Justice," pp. 355-56;
42. Aristotle Nicomachean Ethics 1133al9ff.;
43. and William N. Nelson, "Special Rights, General Rights, and Social Justice," Philosophy and Public Affairs 7, (\91A)An.
44. Michael Walzer, "The Moral Standing of States," Philosophy and Public Affairs 9 (1980): 211, 227-28;
45. Michael Walzer, "The Distribution of Membership," in Boundaries: National Autonomy and its Limits, ed. Peter G. Brown and Henry Shue (Totowa, NJ: Rowman and Littlefield, 1981), p. 21;
46. Walzer, "Nation and Universe," The Tanner Lectures on Human Values XI (Salt Lake City: University of Utah Press, 1990), p. 554;
47. Alasdair Maclntyre, After Virtue (Notre Dame: University of Notre Dame Press, 1984), p. 221.
48. Cf. Bader, "Citizenship and Exclusion," pp. 217,223-24.
49. Edmund Burke, Reflections on the Revolution in France (Indianapolis: Library of Liberal Arts, 1955), pp. 38-39.
50. This language is also meant to highlight the naked abstractness of that other contract theory of the social union, one based on humankind, personhood and universal rights. Their abstractness, and the weakness of the hands of human rights in this world, have been amply demonstrated by the fate of those, the stateless above all, who had no other claims to sanctuary under which to seek protection.
51. (See Arendt, The Burden of Our Time, p. 295). Whether the lesson of this is yet a further reason to celebrate"ow state, our hearths " is, needless to say, another matter.
52. Walzer, "The Distribution of Membership", p. 32.
53. Walzer, "The Moral Standing of States," p. 212.
54. Walzer, "The Distribution of Membership", p. 1
55. and Michael Walzer, Spheres of Justice: A Defense of Pluralism and Equality (New York: Basic Books, 1983), p. 31.
56. Tamir, Liberal Nationalism, pp. 99, 105-106, 121, 126-27, 135;
57. Walzer, "The Distribution of Membership," pp. 8-9, 10-11, 23, 32;
58. Walzer, Spheres of Justice, pp. 43, 51, 62, 64.
59. Walzer, Spheres of Justice, p. 61. Emphasis added.
60. Walzer, "The Distribution of Membership," pp. 2-4, 18, 23;
61. Walzer, Spheres of Justice, pp. 33-34.
62. Alasdair Maclntyre, Whose Justice? Which Rationality? (Notre Dame: University of Notre Dame Press, 1988), pp. 146, 148.
63. Tamir, Liberal Nationalism, p. 161
64. and see Walzer, Spheres of Justice, pp. 52-61;
65. Walzer, "Exclusion, Injustice, and the Democratic State," Dissent 40 (1993): 55.
66. Geraint Parry, "Paths to Citizenship," in The Frontiers of Citizenship, ed. Ursula Vogel and Michael Moran (New York: St. Martin's Press, 1991), pp. 177, 183
67. and Tamir, Liberal Nationalism, pp. 100-101,118;
68. Walzer, Spheres of Justice, p: 5.
69. Yick Wo v. Hopkins (356 U.S. October Term, 1885), p. 369.
70. And see David A. Martin, "Due Process and Membership in the National Community: Political Asylum and Beyond," University of Pittsburgh Law Review 44 (1983): 207n.
71. On some accounts, it should be noted, Yick Wo, and later rulings in a similar vein, were not sharp turning points.
72. For on these readings, the citizen-alien divide, whatever political force it may have had, was not central constitutionally (apart from such perverse uses as Dred Scott, where the concept of citizenship was used to deny African-Americans their rights).
73. That is, citizenship has historically been a weak concept, and the distinction between citizen and alien correspondingly unsubstantial. (Elizabeth Hull, "Resident Aliens and the Equal Protection Clause: The Burger Court's Retreat from Graham v. Richardson," Brooklyn Law Review 47 (1980): 38;
74. Alexander M. Bickel, The Morality of Consent [New Haven: Yale University Press, 1975], pp. 33, 40-42, 44, 53-54.)
75. Little was made to depend on it by the Framers of the Constitution and Bill of Rights and when in 1866 it received its first authoritative definition, the purpose was not to draw tight the bonds of membership against the world of outsiders but to protect former slaves against the predations of their fellow citizens. (Bickel, The Morality of Consent, pp. 40, 44.)
76. If that is accurate, rulings like Yick Wo are the natural extension of a tradition which, not attaching much importance to citizenship and resisting attempts to give it more than a minimal content, must necessarily find it difficult to sustain preferences for citizens. (Bickel, The Morality of Consent, p. 51
77. and Alexander T. Aleinikoff, "Aliens, Due Process and"Community ties': A Response to Martin," University of Pittsburgh Law Review 44 [1983]: 239).
78. People v. Crane (Court of Appeals of New York. 25 February 1915), pp. 428-29;
79. Truax v. Raich (239 U.S. October Term, 1915), pp. 39-40.
80. Graham v. Richardson (403 U.S. October Term, 1970), pp. 370-375
81. Gerald M. Rosberg, "The Protection of Aliens from Discriminatory Treatment by the National Government," The Supreme Court Review (1977), pp.275-339, pp.275, 291, 310.
82. Hull, "Resident Aliens and the Equal Protection Clause: The Burger Court's Retreat from Graham v. Richardson," p. 12.
83. Peter H. Schuck and Rogers M. Smith, Citizenship Without Consent in the American Polity (New Haven: Yale University Press, 1985), pp. 107-108;
84. Rosberg, "The Protection of Aliens," p. 331.
85. Pyler v. Doe (457 U.S. October Term 1981), pp. 210, 216, 218n
86. and Peter H. Schuck, "The Transformation of Immigration Law," Columbia Law Review 84(1984): 58.
87. The scope of Pyler v. Doe is of course open to question since it concerned the children of illegal aliens. 30;Developments in the Law. Immigration Policy and the Rights of Aliens; (No author) Harvard Law Review 96( 1983): 1432.
88. Sugarman v. Dougali (413 U.S. October Term, 1972), pp. 641, 647.
89. Foley v. Connelie (435 U.S. October Term, 1977), pp. 295-96;
90. Ambach v. Norwick (441 U.S. October Term, 1978), pp. 73-74.
91. Cabell v. Chavez-Salido (454 U.S. October Term, 1981), pp. 438-39;
92. Ambach v. Norwick, p. 75.
93. Schuck and Smith, Citizenship Without Consent, pp. 26, 28-29.
94. Schuck, "The Transformation of Immigration Law," pp. 85, 88;
95. Geraint Parry, "Traditions, Community and Self-Determination," pp. 415-416
96. See Rehnquist dissenting in Sugarman v. Dougall, pp. 650-651, 661-62;
97. Schuck, "The Transformation of Immigration Law," p. 1O;A Dual Standard for State Discrimination Against Aliens," Harvard Law Review 92 (1979): 1523;
98. Gerald M. Rosberg, "Aliens and Equal Protection: Why Not the Right to Vote?" Michigan Law Review 75 (1977): 1127-29;
99. Aleinikoff, "Aliens, Due Process and 'Community ties': A Response to Martin," p. 240;
100. Hull, "Resident Aliens and the Equal Protection Clause," pp. 33-34.
101. Schuck and Smith, Citizenship Without Consent, p. 107.
102. In fact, through much of the 19th and early 20th centuries, aliens were allowed to vote in many states.
103. See Rosberg, "Aliens and Equal Protection," pp. 1093,1100.
104. See Bickel, The Morality of Consent, p. 46;
105. Dunn v. Blumstein (405 U.S. October Term, 1971);
106. Rosberg, "Aliens and Equal Protection," pp. 1092, 1102, 1133
107. "Developments in the Law," pp. 1409-10;
108. James M. O'Fallon, "To Preserve the Conception of a Political Community," University of Detroit Journal of Urban Law 57 (1980): 778.
109. O'Fallon, "To Preserve the Conception of a Political Community," p. 781.
110. Schuck, "The Transformation of Immigration Law," pp. 1, 3, 29, 62;
111. Martin, "Due Process," p. 176.
112. See also Fernandez v. Wilkinson (United States District Court, D. Kansas. 31 December 1980). This reasoning in this decision handsomely captures the tensions outlined in the earlier pages between the fundamental principles of (American) liberalism, the limits of the Constitution and the treatment of excludable aliens. 42;Developments in the Law. Immigration Policy and the Rights of Aliens," p. 1311
113. and see Rosberg, "The Protection of Aliens," pp. 319, 325, 327;
114. Martin, "Due Process," pp. 21.
115. See Jean Leca, "Questions on Citizenship," in Dimensions of Radical Democracy, ed. Chantal Mouffe (London: Routledge, 1992), pp. 17-18, 20-21;
116. Ronald S. Beiner, What's the Matter with Liberalism? (Berkeley: University of California Press, 1992), pp. 99, 109.
117. See also Schuck and Smith, Citizenship Without Consent, pp. 106-108;
118. Peter H. Schuck, "Membership in the Liberal Polity: The Devaluation of American Citizenship," in Immigration and the Politics of Citizenship in Europe and North America, ed. William Rogers Brubaker (German Marshall Fund of America and University Press of America), pp. 52, 65.
119. See Habermas, "Citizenship and National Identity: Some Reflections on the Future of Europe," pp. 16-17;
120. David Miller, "The Ethical Significance of Nationality," Ethics 98 (1988): 648;
121. Ronald Beiner, "Liberalism, Nationalism, Citizenship" (n.d. Manuscript), p. 1.
122. See also Roger Scruton, "In Defense of the Nation," in The Philosopher on Dover Beach (New York: St. Martin's Press, 1990), pp. 301, 303;
123. Tamir, Liberal Nationalism, pp. 126-27;
124. Beiner, What's the Matter with Liberalism?, p. 126;
125. Walzer, "The Distribution of Membership," pp. 12-13, 21.
126. Stuart Hampshire, Morality and Conflict (Oxford: Basil Blackwell, 1983), p. 135;
127. Beiner, What's the Matter with Liberalism?, p. 121.
128. The "memory of our youth" phrase is RSgis Debray's quoted in Alain Finkielkraut, La defaite de la pensee (Paris: Gallimard, 1987), p. 126
129. and see Finkielkraut's comment, p. 127.
130. Walzer, "The Distribution of Membership," pp. 9, 10, 32;
131. Alfred Weale, "Citizenship Beyond Borders," in Vogel and Moran, The Frontiers of Citizenship, p. 158;
132. Tamir, Liberal Nationalism, p. 121.
133. Notions of identity and community such as these make one suspicious of Yael Tamir's effort to chart a via media between liberalism and communitarianism. She wants to, at one and the same time, preserve the choosiness of liberalism, and its related notions of self-revision, cultural mobility and openness to outsiders together with the communitarian emphasis on context, embeddedness and the morality of (closed) community.
134. Hence the effect of heterogeneity:"America's heterogeneity...," Walzer writes, "[goes] a long way toward explaining the shoddiness of our welfare system; He adds that this is not a reason to regret that heterogeneity or the disentanglement of citizenship and ethnicity (Walzer, "Response to Veit Bader," p. 248).
135. See also Beiner, What's the Matter with Liberalism?, p. 109;
136. Parry, "Traditions, Community and Self-Determination," p. 146;
137. Herman R. van Gunsteren, "Admission to Citizenship," Ethics 98 (1988): 738;
138. Tamir, Liberal Nationalism, pp. 8, 96, 99, 105, 117-19, 130;
139. Walzer, Spheres of Justice, pp. 64ff;
140. Gary P. Freeman, "Migrations and the Political Economy of the Welfare State," Annals of the American Academy of Political and Social Science 485 (1986): 51;
141. Zig Layton-Henry, "Citizenship and Migrant Workers in Western Europe," in Vogel and Moran, The Frontiers of Citizenship, p. 112.
142. See for example David Miller, On Nationality (Oxford: Clarendon Press, 1995), pp. 49-80.
143. Note that these theorists do not usually attempt to set out the justification of particularism on a universalist foundation, as other analyses do- that is, as an instance of a more general principle. On Walzer's account, though, the justifications of particularism are iterative and so in that sense, universal.
144. See Walzer, "Nation and Universe;
145. See Michael Ignatieff, The Needs of Strangers (New York: Penguin, 1984), pp. 17-18.
146. See Jeremy Waldron, "When Justice Replaces Affection: The Need for Rights," Harvard Journal of Law and Public Policy 11 (1988): 635
147. and Onora O'Neill, "Ethical Reasoning and Ideological Pluralism," Ethics 8 (1985): 711-713
148. Joseph H. Carens, "Aliens and Citizens: The Case for Open Borders," Review of Politics 49 (1987): 256.
149. Cf. Tamir, Liberal Nationalism, p. 118.
150. Joseph H. Carens, "Who Belongs? Theoretical and Legal Questions about Birthright Citizenship in the United States," University of Toronto Law Journal 37 (1987): 415;
151. Joseph H. Carens, "Immigration and the Welfare State," in Democracy and the Welfare State, ed. Amy Gutmann (Princeton University Press, 1988), p. 215;
152. William Rogers Brubaker, Citizenship and Nationhood in France and Germany (Cambridge, MA: Harvard University Press, 1992), p. 101.
153. Miller, "The Ethical Significance of Nationality," p. 649;
154. Beiner, What's the Matter with Liberalism?, pp. 102-103;
155. Beiner, "Liberalism, Nationalism, Citizenship," p. 2;
156. Fishkin, "The Boundaries of Justice," p. 358;
157. Carens, "Aliens and Citizens: The Case for Open Borders," pp. 255, 257, 261;
158. Barry, The Liberal Theory of Justice (Oxford: Clarendon Press, 1973), p. 129.
159. See also Tamir, Liberal Nationalism, p. 113.
160. Beitz, "Cosmopolitan Ideals and National Sentiment," p. 595;
161. Carens, "Who Belongs?", pp. 415, 429.
162. Ackerman, Social Justice in the Liberal State, p. 93.
163. Beitz, "Cosmopolitan Ideals and National Sentiment," p. 593;
164. Carens, "Aliens and Citizens: The Case for Open Borders," p. 267;
165. Fishkin, "The Boundaries of Justice," pp. 360-361
166. Joseph H. Carens, "Membership and Morality: Admission to Citizenship in Liberal Democratic States," in Brubaker, Immigration and the Politics of Citizenship in Europe and North America, p. 36;
167. Carens, "Immigration and the Welfare State," pp. 220, 222, 227;
168. Beitz, "Cosmopolitan Ideals and National Sentiment," p. 598;
169. Fishkin, "The Boundaries of Justice," pp. 356, 368ff
170. and James S. Fishkin, The Limits of Obligation (New Haven: Yale University Press, 1982), pp. 153 ff.
171. Thomas Nagel, The View from Nowhere (Oxford: Oxford University Press, 1986), pp. 172, 190,191,202,209.
172. van Gunsteren, "Admission to Citizenship," p. 732;
173. Habermas, "Citizenship and National Identity: Some Reflections on the Future of Europe", pp. 16-17;
174. Beiner, "Liberalism, Nationalism, Citizenship," p. 1;
175. Pocock, "The Ideal of Citizenship Since Classical Times," p. 51;
176. Brubaker, Citizenship and Nationhood, p. 29.
177. Bottomore, "Citizenship and Social Class, Forty Years On," p. 66;
178. Habermas, "Citizenship and National Identity: Some Reflections on the Future of Europe," p. 14.
179. John Gray, "The Politics of Cultural Diversity," The Salisbury Review (1988), p.41;
180. O'Neill, "Ethical Reasoning and Ideological Pluralism," p. 713;
181. Young, "Polity and Group Difference: A Critique of the Ideal of Universal Citizenship," p. 251;
182. Michael Taylor, Community, Anarchy and Liberty (Cambridge: Cambridge University Press, 1982), p. 161.
183. Andrew Oldenquist, "Loyalties," Journal of Philosophy 79 (1982): 177-178
184. Bernard Williams, Moral Luck (Cambridge: Cambridge University Press, 1981), p. 18;
185. Beiner, What's the Matter with Liberalism?, p. 102.
186. Bernard Williams, Ethics and the Limits of Philosophy (Cambridge, MA: Harvard University Press, 1985), p. 103;
187. Miller, "The Ethical Significance of Nationality," p. 649.
188. Williams, Moral Luck, pp. 2,37;
189. Williams, Ethics and the Limits of Philosophy, pp. 7-8.
190. Philip Petit, "Social Holism and Moral Theory: a Defence of Bradley's Thesis," Proceedings of the Aristotelian Society 86 (1985-1986): 187;
191. Miller, "The Ethical Significance of Nationality," p. 650;
192. Williams, Moral Luck, pp. 18, 37
193. and Williams, Ethics and the Limits of Philosophy, p. 14.
194. See Nagel, View from Nowhere, p. 198.
195. Thomas Nagel, Mortal Questions (Cambridge: Cambridge University Press, 1979), p. 213
196. and Nagel, View from Nowhere, pp. 210-11.