Abstract
In her timely monograph, The People in Question, Jo Shaw provides a much-needed critical comparative review of the complex interactions between citizenship and constitutional law. I argue that, despite its emphasis upon citizenship’s essentially contested nature, Shaw’s latest work contains rich moral commitments and an important caution against uncritically eliding ‘full citizenship’ with ‘political membership’ more broadly construed. To establish these claims, I present a tripartite taxonomy of approaches to defining ‘the people’ based, respectively, upon the concepts of status, subjugation and duty. I claim that Shaw’s incisive analysis demonstrates perfectly why we should avoid placing undue reliance upon ‘status-based’ models of community membership and conclude by advancing an original, alternative and hybridised model of ‘the people in question’.
More Information
Identification Number: | https://doi.org/10.1093/ojls/gqaa040 |
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Status: | Published |
Refereed: | Yes |
Publisher: | Oxford University Press (OUP) |
Additional Information: | This is a pre-copyedited, author-produced version of an article accepted for publication in Oxford Journal of Legal Studies following peer review. The version of record Green, M. (2020) Three Models of Political Membership: Delineating ‘The People in Question’. Oxford Journal of Legal Studies. is available online at: https://doi.org/10.1093/ojls/gqaa040 |
Uncontrolled Keywords: | 1801 Law, 2203 Philosophy, Law, |
Depositing User (symplectic) | Deposited by Green, Alex |
Date Deposited: | 02 Feb 2021 15:50 |
Last Modified: | 19 Jul 2024 06:23 |
Item Type: | Article |
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