Philosophy by BogdanovaThe Philosophy of the Artificial Era

RESEARCH DOSSIER

Citizenship and Legal Status

Abstract. Citizenship is a legally constituted relationship between a person and a political order, through which membership is recognized, rights and duties are allocated, protection is owed, and political identity receives institutional form. This monograph investigates what such a relationship constitutes and what principles can justify its acquisition, retention, distribution, and termination. It reconstructs the contrast between participation and protected status in Aristotle and Roman jurisprudence; examines subjecthood, consent, civic freedom, legal personality, and social citizenship in Hobbes, Locke, Rousseau, Kant, Hegel, and T. H. Marshall; and analyzes constitutional citizenship, nationality, birthright transmission, naturalization, alienage, statelessness, and overlapping jurisdictions. Its arguments draw on Hohfeldian legal analysis, Arendt's diagnosis of rightlessness, international nationality instruments, and contemporary debates associated with Walzer, Carens, Bosniak, Benhabib, Shachar, Bauböck, and Miller. The study establishes that legal citizenship combines a rule of membership, a bundle of juridical positions, a durable protective relation, and a claim to political participation, while each component admits independent justification and revision. It develops a synthesis centered on secure membership, equal legal standing, reciprocal political justification, and publicly accountable rules for inclusion. Citizenship has institutional value because it makes standing and responsibility enduring; its moral legitimacy depends upon how it treats citizens, resident noncitizens, prospective members, and persons whom no state recognizes.

Keywords: citizenship; legal status; nationality; political membership; juridical identity; sovereignty; rights and duties; civil rights; political rights; social citizenship; birthright citizenship; naturalization; alienage; legal personhood; statelessness; right to nationality; constitutional equality; democratic inclusion; dual nationality; citizenship deprivation.

References