This edited volume is the first to focus on how concepts of citizenship diversify and stimulate the long-standing field of law and literature, and vice versa. Building on existing research in law and literature as well as literature and citizenship studies, the collection approaches the triangular relationship between citizenship, law and literature from a variety of disciplinary, conceptual and political perspectives, with particular emphasis on the performative aspect inherent in any type of social expression and cultural artefact. The sixteen chapters in this volume present literature as carrying multifarious, at times opposing energies and impulses in relation to citizenship. These range from providing discursive arenas for consolidating, challenging and re-negotiating citizenship to directly interfering with or inspiring processes of law-making and governance. The volume opens up new possibilities for the scholarly understanding of citizenship along two axes: Citizenship-as-Literature: Enacting Citizenship and Citizenship-in-Literature: Conceptualising Citizenship.

Amid the decline of U.S. military campaigns against Native Americans in the late nineteenth century, assimilation policy arose as the new front in the Indian Wars, with its weapons the deployment of culture and law, and its locus the American Indian home and family. In this groundbreaking interdisciplinary work, Piatote tracks the double movement of literature and law in the contest over the aims of settler-national domestication and the defense of tribal-national culture, political rights, and territory.

Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.

This Handbook sets a new agenda for theoretical and practical explorations of citizenship, analysing the main challenges and prospects informing today's world of increased migration and globalization. It will also explore new forms of membership and democratic participation beyond borders, and the rise of European and multilevel citizenship.

Although America is unquestionably a nation of immigrants, its immigration policies have inspired more questions than consensus on who should be admitted and what the path to citizenship should be. In Americans in Waiting, Hiroshi Motomura looks to a forgotten part of our past to show how, for over 150 years, immigration was assumed to be a transition to citizenship, with immigrants essentially being treated as future citizens--Americans in waiting. Challenging current conceptions, the author deftly uncovers how this view, once so central to law and policy, has all but vanished. Motomura explains how America could create a more unified society by recovering this lost history and by giving immigrants more, but at the same time asking more of them. A timely, panoramic chronicle of immigration and citizenship in the United States, Americans in Waiting offers new ideas and a fresh perspective on current debates.

The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

As questions of citizenship generate new debates for this generation of Americans, Brook Thomas argues for revitalizing the role of literature in civic education. Thomas defines civic myths as compelling stories about national origin, membership, and values that are generated by conflicts within the concept of citizenship itself. Selected works of literature, he claims, work on these myths by challenging their terms at the same time that they work with them by relying on the power of narrative to produce compelling new stories. Civic Myths consists of four case studies: Nathaniel Hawthorne's The Scarlet Letter and "the good citizen"; Edward Everett Hale's "The Man without a Country" and "the patriotic citizen"; Mark Twain's Adventures of Huckleberry Finn and "the independent citizen"; and Maxine Hong Kingston's China Men and "the immigrant citizen." Thomas also provides analysis of the civic mythology surrounding Abraham Lincoln and the case of Ex parte Milligan. Engaging current debates about civil society, civil liberties, civil rights, and immigration, Thomas draws on the complexities of law and literature to probe the complexities of U.S. citizenship.

Citizenship defines the U.S. political experiment, but the modern legal category that it now names is a relatively recent invention. There was no Constitutional definition of citizenship until the ratification of the Fourteenth Amendment in 1868, almost a century after the Declaration of Independence. Civic Longing looks at the fascinating prehistory of U.S. citizenship in the years between the Revolution and the Civil War, when the cultural and juridical meaning of citizenship—as much as its scope—was still up for grabs. Carrie Hyde recovers the numerous cultural forms through which the meaning of citizenship was provisionally made and remade in the early United States. Civic Longing offers the first historically grounded account of the formative political power of the imaginative traditions that shaped early debates about citizenship. In the absence of a centralized legal definition of citizenship, Hyde shows, politicians and writers regularly turned to a number of highly speculative traditions—political philosophy, Christian theology, natural law, fiction, and didactic literature—to authorize visions of what citizenship was or ought to be. These speculative traditions sustained an idealized image of citizenship by imagining it from its outer limits, from the point of view of its “negative civic exemplars”—expatriates, slaves, traitors, and alienated subjects. By recovering the strange, idiosyncratic meanings of citizenship in the early United States, Hyde provides a powerful critique of originalism, and challenges anachronistic assumptions that read the definition of citizenship backward from its consolidation in the mid-nineteenth century as jus soli or birthright citizenship.

Interest in citizenship has never been higher. But what does it mean to be a citizen in a modern, complex community? Richard Bellamy approaches the subject of citizenship from a political perspective and, in clear and accessible language, addresses the complexities behind this highly topical issue.

"Citizenship in Africa provides a comprehensive exploration of nationality laws in Africa, placing them in their theoretical and historical context. It offers the first serious attempt to analyse the impact of nationality law on politics and society in different African states from a trans-continental comparative perspective. Taking a four-part approach, Parts I and II set the book within the framework of existing scholarship on citizenship, from both sociological and legal perspectives, and examine the history of nationality laws in Africa from the colonial period to the present day. Part III considers case studies which illustrate the application and misapplication of the law in practice, and the relationship of legal and political developments in each country. Finally, Part IV explores the impact of the law on politics, and its relevance for questions of identity and 'belonging' today, concluding with a set of issues for further research. Ambitious in scope and compelling in analysis, this is an important new work on citizenship in Africa."--Bloomsbury Publishing.