To Belong or Not to Belong: Historical Reflections on Foreigners, Citizenship and Law

Even though ‘statelessness’ is a modern phenomenon that assumes the modern state and the modern states system, human history is abound with legal issues relating to people’s political and legal status, and with exclusion of and discrimination against outsiders. Since time immemorial, the political a...

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Main Author: Raymond Kubben
Format: Article
Language:English
Published: Ubiquity Press 2014-01-01
Series:Tilburg Law Review
Subjects:
Online Access:https://tilburglawreview.com/articles/63
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author Raymond Kubben
author_facet Raymond Kubben
author_sort Raymond Kubben
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description Even though ‘statelessness’ is a modern phenomenon that assumes the modern state and the modern states system, human history is abound with legal issues relating to people’s political and legal status, and with exclusion of and discrimination against outsiders. Since time immemorial, the political and legal status of people is crucial to the political and civil rights they have and can exercise, to their role in public affairs, to their legal standing, to access to courts and to determine what law applies to them. This paper addresses the issue of belonging, people’s legal and political status, citizenship and the treatment of foreigners from a legal historical perspective. It elaborates on these issues in ancient Greece and Rome, outlines the situation in medieval and early modern Europe and finally, goes into the rise of state citizenship as part of the emergence of the modern nation-state.
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spelling doaj.art-56b8a04060fa4d40a67f27228ffbc47f2022-12-22T03:56:47ZengUbiquity PressTilburg Law Review2211-25452014-01-01191-213615210.1163/22112596-0190201457To Belong or Not to Belong: Historical Reflections on Foreigners, Citizenship and LawRaymond Kubben0Assistant Professor, Department of Public Law, Jurisprudence & Legal History and Center for Transboundary Legal Development, Tilburg Law SchoolEven though ‘statelessness’ is a modern phenomenon that assumes the modern state and the modern states system, human history is abound with legal issues relating to people’s political and legal status, and with exclusion of and discrimination against outsiders. Since time immemorial, the political and legal status of people is crucial to the political and civil rights they have and can exercise, to their role in public affairs, to their legal standing, to access to courts and to determine what law applies to them. This paper addresses the issue of belonging, people’s legal and political status, citizenship and the treatment of foreigners from a legal historical perspective. It elaborates on these issues in ancient Greece and Rome, outlines the situation in medieval and early modern Europe and finally, goes into the rise of state citizenship as part of the emergence of the modern nation-state.https://tilburglawreview.com/articles/63history of citizenshiplegal statusius gentiumnatural lawmodern nation-state
spellingShingle Raymond Kubben
To Belong or Not to Belong: Historical Reflections on Foreigners, Citizenship and Law
Tilburg Law Review
history of citizenship
legal status
ius gentium
natural law
modern nation-state
title To Belong or Not to Belong: Historical Reflections on Foreigners, Citizenship and Law
title_full To Belong or Not to Belong: Historical Reflections on Foreigners, Citizenship and Law
title_fullStr To Belong or Not to Belong: Historical Reflections on Foreigners, Citizenship and Law
title_full_unstemmed To Belong or Not to Belong: Historical Reflections on Foreigners, Citizenship and Law
title_short To Belong or Not to Belong: Historical Reflections on Foreigners, Citizenship and Law
title_sort to belong or not to belong historical reflections on foreigners citizenship and law
topic history of citizenship
legal status
ius gentium
natural law
modern nation-state
url https://tilburglawreview.com/articles/63
work_keys_str_mv AT raymondkubben tobelongornottobelonghistoricalreflectionsonforeignerscitizenshipandlaw