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Mandating Identity - Citizenship, Kinship Laws and Plural Nationality in the European Union (Hardcover)
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Mandating Identity - Citizenship, Kinship Laws and Plural Nationality in the European Union (Hardcover)
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For over a century it has been the case that a person exists, at
least for legal purposes, only after she has been recognized by the
state. As a unique element of this acknowledgement, nationality has
also been an essential component of individual identity. Now, under
pressure from a variety of directions, the nature of the link
between state and individual is changing, with as yet unclear
implications and long-term effects. In this original and insightful
analysis, Eniko Horvath focuses on three processes of legal
evolution in Europe that affect the meaning of membership and
individual identity: the increasing salience of supranational
culture and rights; kinship; legislation privileging non-nationals
with linguistic, cultural, and ethnic ties to a given state; and
the emergence of plural nationality as an acceptable (and even
welcome) phenomenon.The author's treatment is notable for its
informed appreciation of both the content of relevant European and
national laws and the ways in which these laws are embedded in
particular social and political frameworks. In addition to
extending the legal theory on citizenship and nationality, the
analysis draws on sociology, social psychology, and political
theory to anchor its insights and recommendations. After two
in-depth chapters introducing the complexities of the subject
matter, three distinct but interwoven chapters show how each of the
three processes has unfolded in a given context, offer detailed
explanations and suggestions as to why each development has
occurred in the manner that it has, and discuss the legal,
political, and sociological issues raised by the particular
development.A comprehensive reference section with extensive lists
of laws, cases, and scholarship concludes the volume. It is likely
that this book will come to be recognized as a foundational work in
the legal analysis of the concept of cultural identity, and
especially its role in setting norms of membership, as that way of
seeing the world becomes ever more clearly defined in coming
decades. It is sure to be not only studied and cited by academics
and legal theorists, but of special value also to policymakers in
the areas of nationality and citizenship.
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