The Responsible Subject As Citizen: Criminal Law, Democracy And The Welfare State

This paper seeks to explain two problems posed by the history of criminal law doctrine by situating them in the context of the political sociology of citizenship. First, the paper outlines the logical connection between the rise to doctrinal orthodoxy of the idea of the responsible subject and the contemporaneous emergence of universal political citizenship. Secondly, it argues that subjectivist orthodoxy in doctrine may be reconciled with the apparently antithetical forms of regulatory strict liability law within the terms of 'modern democratic citizenship' as the latter were conceptualised by T. H. Marshall. Finally, by means of a comparison with Alan Brudner's recent philosophical rationalisation of the modern criminal law, it proposes that situating the criminal law in its environment of citizenship will help us to understand better the tensions that underlie contemporary challenges to its doctrine.     

Personalist Politics, Clientelism and Citizenship: Local Elections in El Alto, Bolivia

The article investigates the citizenship practices of urban Aymara in a neighbourhood of El Alto, Bolivia, through an examination of the municipal elections of December 1999. Using ethnographic methods, I focus on the instrumental and affective sides of clientelism, a central feature of Bolivian elections. I argue that clientelism is a part of citizenship practice, a means of engaging with the state in the person of the politician. A majority of the Bolivian population are marginalised from the oligarchic mestizo system of government, as represented by the traditional political parties. However, at local level, and especially during election campaigns, there is more permeability, and this article sees clientelism as a set of strategies through which citizens attempt to make politics, and politicians, more representative and responsive.     

Ethnography of a political ritual: speeches given to new Swiss citizens by representatives of the state

Our paper examines speeches given at citizenship ceremonies in Geneva (Switzerland) in order to understand what makes a foreigner a new member of a national and especially of a cantonal entity. Focusing on speeches by three ministers over an interval of 4 years, we analyze their conceptions of the state, the nation, and of nationality, and the kind of change – if any – this rite of passage acknowledges. We observed that the variations that appeared, ranging from an assimilationist view to a conception of citizenship mainly encompassing rights and duties, reached beyond the political positions of the magistrates who wrote and read the speeches. We aim to show that official discourse covers a broad range of conceptions of the state and of citizenship, independently of the political position of the state representative making the speech.     

Apartheid Policing: examining the US migrant labour system through a South African Lens

This article draws a parallel between the Apartheid regime in South Africa and the post-IRCA immigration regime in the USA. I argue that both regimes were organised around Apartheid Policing, which may be defined as a legal process consisting of three mutually reinforcing mechanisms: differentiation of migrants into non-citizen insiders with legal residence rights and non-citizen outsiders without them; stabilisation of migrants as permanent or long-term residents, enabling the growth of the migrant workforce; and marginalisation of migrants as politically vulnerable outsiders, including exploitation at work. But the two regimes were supported by different political and ideological apparatuses. While placing a disproportionate burden on Latino migrants, the post-IRCA immigration regime differed from the Apartheid regime in that it was not organised around an explicit racial hierarchy, and offered non-citizens a greater array of rights. As a result, Apartheid Policing under the post-IRCA immigration regime is potentially more politically sustainable.     

Women in the driving seat: Eastern European immigrant women's citizenship,participation and educational inclusion in Portugal

This paper is a case study of Eastern European immigrant women's social inclusion in Portugal through civic participation. An analysis of interviews conducted with women leaders and members of two ethnic associations provides a unique insight into their migrant pathways as highly educated women and the ways in which these women are constructing their citizenship in new contexts in Northern Portugal. These women's accounts of their immigrant experience embrace both the public realm, in using their own education and their children's as a means of integration but also spill over into ‘non-public’ familial relationships at home in contradictory ways. These include the sometimes traditional, gender-defined division of labour within the associations and at home and the new ways that they negotiate their relative autonomies to escape forms of violence and subordination that they face as women and immigrants.     

Mapping silent citizenship: how democratic theory hears citizens' silence and why it matters

Democratic theory hears silent citizenship as disengagement or disempowerment. Normatively, silent citizenship evokes the specter of civic passivity – of democratic citizens variably characterized by apathy, disaffection, selfishness, or a lack of political knowledge. Empirically, silent citizenship is linked to deficits of democracy – including voter turnout rates, the quality of political representation, and overall government responsiveness. One problem with these conclusions, however, is that we lack any systematic conceptualization of the range of different attitudes democratic citizens might hold in silence. This article seeks to fill in this conceptual gap by mapping the range of possible motivations for citizens to remain silent in developed liberal democratic systems. The key to doing so, I argue, is to distinguish between two measures of democratic citizenship: empowerment and communication. Separating these two measures reveals an entire spectrum of motivations for silence, which I organize into five distinct degrees of silent citizenship.     

Morphing the Demos into the right shape. Normative principles for enfranchising resident aliens and expatriate citizens

In this article I criticize, first, democratic inclusion principles that are indeterminate with regard to democratic boundaries and indifferent towards the structural features of polities. I suggest that a democratic stakeholder principle passes these critical tests and can be applied to democratic polities of different kinds. Second, I compare birthright-based and residence-based membership regimes at state and local levels and consider how they can accommodate international migrants. Third, I argue that these two regimes are not freestanding alternatives between which democratic polities have to choose, but are combined in a multilevel architecture of democratic citizenship, in which the inclusion and exclusion dynamics of birthright and residence mutually constrain each other and every individual is included as a citizen in both types of polities.     

Vigilantes,gangsters, and alcohol: clashing citizenship regimes in postwar Guatemala

In this volatile moment in Latin America, when relations between the state and citizens are in flux, people at the margins of society draw on various notions of citizenship in social conflicts over proper behavior and the common good. I examine an intergenerational conflict over the legality of alcohol in an indigenous village in Guatemala to show how its protagonists creatively recombine different aspects of the various citizenship regimes that they have encountered. Elders have formed vigilante justice groups to combat the youth they consider gangsters. While the vigilantes draw upon a discourse of obligation to justify their actions, the generation below them counters with a language of rights. Some argue that citizenship is less meaningful in contexts where state power is ambiguous and extralegal violence is commonplace. I argue that in such contexts, it is not that citizenship does not have meaning, but rather that its meaning is intensely contested.     

Silent citizenship among Asian Americans and Latinos: opting out or left out?

In his classic study, Who Governs?, Robert Dahl interpreted the patterns of political assimilation of ‘white ethnic’ immigrants and their children during the mid-twentieth century as a hopeful sign of the potential of democratic pluralism in the USA. While acknowledging that immigrant groups faced discrimination and structural barriers that might lead them to be silent, Dahl predicted that social mobility and assimilation would eventually erase these deficits in political participation among immigrants. Building from Dahl's analysis, we investigate the extent to which pluralism in the USA can and does work the same way for immigrants who are also racial minorities. We highlight factors that can lead these groups to become silent citizens, including lack of legal status, lower levels of political mobilization by institutions, and discrimination as structural impediments to minority participation. Our findings suggest that both resources as well as structural impediments structure the political behavior of Asian Americans and Latinos, determining whether they are vocal citizens or silent citizens.     

Vernacular rights cultures and the ‘Right to Have Rights’

We use a case study of the Landless Workers Movement (MST) in Brazil and the Via Campesina network of which they are part to develop the concept of ‘vernacular rights cultures’. Vernacular rights cultures calls attention to the way in which demands for the right to have rights call on particular cultures, histories and political contexts in a manner that can transform the rights inscribed in constitutions and political imaginaries. What Ranciere (1999) and Balibar (2002) call the democratisation of democracy, we therefore argue, does not just involve a logic of equality and inclusion through which dispossessed groups demand already existing rights. Rather, it also occurs as mobilisations alter the means through which rights are delivered and transform the content and meaning of the rights demanded.