Ayelet Shachar
Dados Biográficos
| ID | 363367 |
|---|---|
| NOME | Ayelet Shachar |
| PRENOMES | Ayelet |
| SOBRENOME | Shachar |
| ASSINATURA | SHACHAR A |
| AFILIAÇÕES | University of Toronto |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 31 |
| TOTAL DE CITAÇÕES | 180 |
| TOTAL COMO AUTOR | 25 |
| TOTAL COMO EDITOR | 6 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1998 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2025 |
| ÍNDICE H | 7 |
Lawless Zones, Rightless Subjects
Responding to ever-increasing pressures of migration, states, supranational, and subnational actors deploy complex moves and maneuvers to reconfigure borders, rights, and territory, giving rise to a changing legal cartography of international relations and international law. The purpose of this volume is to study this new reconfiguration of rights, territoriality, and jurisdiction at the empirical and normative levels and to examine its implicati…
The Archipelago Capitalism of Citizenship-By-Investment
Citizenship-by-investment (CBI) programs, granting citizenship in return for financial payment or investment, have become a global phenomenon in recent years. The workings of these exceptional programs have caused controversy in real-life politics, ranging from protests, to the downfall of politicians, and to punitive bilateral and international measures. Even so, knowledge on why countries would put their citizenship up for sale has remained lim…
Severing the Gordian Knot of Sovereignty and Migration Control
The claim that states have an unfettered sovereign right to control their borders and exclude non-citizens from their territory is accepted everywhere without contestation. Yet it is anything but a self-evident truth. While taken for granted today, the assumption that control over migration is the “last bastion of sovereignty” represents a radical departure from the norm of freedom of movement (for some, not others, namely, white, “civilized,” Ch…
Reply to my critics
In this response essay, Ayelet Shachar replies to her critics, pushing beyond the arguments developed in her most recent book, The Shifting Border, to probe new ideas. Specifically, she elaborates five avenunes for exploration: dethorning the state as the exclusive decisionmaker on migration; finding the tools to alleviate oppression in the criticized practices themselves; identifying rights and duty-bearers; exposing the spatial dimension of str…
Solidarity in Place? Hope and Despair in Postpandemic Membership
Initially portrayed as the “great equalizer,” the COVID-19 pandemic has proved anything but. This essay recounts the sobering social disparities and vulnerabilities that the pandemic has exposed, especially when it comes to the inequalities that are baked into existing membership regimes, before turning to narratives of hope and democratic renewal. My discussion shines a spotlight on the relationship between borders, (im)mobility, and struggles f…
Gated citizenship
In The Birthright Lottery, I explored how birthright access to citizenship operates as a distributor (or denier) of opportunity on a global scale. Today, 97 percent of the global population gains access to citizenship solely by virtue of where or to whom they are born. This article shifts the gaze from the automatic transmission of citizenship (which I call the initial allocation), to deciphering the code, or underlying logic, that governs the se…
Unequal access
Combining insights from the history of citizenship with contemporary legal analysis, this article both highlights and problematizes what we may call sorting strategies – restrictive closure and selective openness – which rely on ‘varieties of affluence’ (income, wealth, equity, credit, and the like) in shaping possibilities for entry, settlement, and naturalization. By emphasizing the growing significance of income barriers and thresholds on the …
The shifting border
The border is one of the most urgent issues of our times. We tend to think of a border as a static line, but recent bordering techniques have broken away from the map, as governments have developed legal tools to limit the rights of migrants before and after they enter a country's territory. The consequent detachment of state power from any fixed geographical marker has created a new paradigm: the shifting border, an adjustable legal construct un…
Coda
The ‘selling of citizenship’ is indicative of larger and deeper transformations of our conception of political membership. Globally, it exacerbates inequality by securing privileged access to membership for the super-rich. Domestically, it runs the risk of straining civic bonds and democratic solidarity. Taken together, these developments reveal whom the contemporary market-friendly state prioritizes in the admission line and whom it most covets …
Dangerous Liaisons
Vogue predictions that citizenship is diminishing in relevance or perhaps even vanishing outright, popular among jetsetters who already possess full membership status in affluent democracies, have failed to reach many applicants still knocking on the doors of well-off polities. One can excuse the world’s destitute, those who are willing to risk their lives in search of the promised lands of migration in Europe or America, for not yet having heard…
The Marketization of Citizenship in an Age of Restrictionism
In today's age of restrictionism, a growing number of countries are closing their gates of admission to most categories of would-be immigrants with one important exception. Governments increasingly seek to lure and attract “high value” migrants, especially those with access to large sums of capital. These individuals are offered golden visa programs that lead to fast-tracked naturalization in exchange for a hefty investment, in some cases without…
Citizenship For Sale?
“There are some things that money can’t buy.” Is citizenship among them? This chapter explores this question by highlighting the core legal and ethical puzzles associated with the surge in cash-for-passport programs. The spread of these new programs is one of the most significant developments in citizenship practice in the past few decades. It tests our deepest intuitions about the meaning and attributes of the relationship between the individual…
Liberal and Republican Conceptions of Citizenship
This chapter examines what it means to be a citizen within liberal and republican political theories - liberalism as the dominant political philosophy of our time, and republicanism as bringing to the fore a new focus on citizenship. Evolving in different historical contexts, liberalism and republicanism represent alternative perspectives on the problem of politics; they share the value of freedom, but interpret and prioritise it differently vis …
Inclusive Citizenship Beyond the Capacity Contract
There is deep tension within mainstream citizenship theory. On the one hand, citizenship is often defined in terms of social membership, such that all those affected or all those governed should be part of the demos. On the other hand, citizenship is often limited by an implicit “capacity contract” to those with sophisticated cognitive and linguistic capacities to engage in rational political deliberation, thereby excluding children, people with …
The Oxford Handbook of Citizenship
Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity an…
Citizenship and the Franchise
The struggle for universal suffrage has been a paradigmatic political struggle in the modern state, as people have striven to achieve full and equal citizenship. This chapter examines - from a conceptual, legal and historical perspective - the ‘selection’ of voters as one of the core hallmarks of citizenship in modern democracies. It explores the ways in which the ideas and practices of citizenship intersect with the right to vote, allowing us to…
Squaring the Circle of Multiculturalism? Religious Freedom and Gender Equality in Canada
The Canadian Charter of Rights and Freedoms is globally unique in that it includes explicit commitments to the values of multiculturalism and gender equality. Section 27 of the Charter provides that: “[It] shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians,” whereas section 28 states that: “Notwithstanding anything in this Charter, the rights and freedoms referred to in it …
On Citizenship, States, and Markets
Introduction
Keywords:: citizenshipprovisional membershipglobalizationimmigrationsovereigntyborders
Human Rights
The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume, distinguishe…
Global Gender Inequality and the Empowerment of Women
Half the Sky: Turning Oppression into Opportunity for Women Worldwide is a powerful journalistic account of the oppression of women worldwide, and of the ways that some women and men have struggle against this oppression and discovered new forms of economic empowerment. The book—in its eleventh printing in less than a year, and with testimonials from the likes of Angelina Jolie and George Clooney—is also a publishing sensation. Half the Sky bring…
Faith in law
This article evaluates demands for privatized diversity that destabilize traditional notions of separation of state and religion, by asking secular authorities to adopt a hands-off, non-interventionist approach, placing civil and family disputes with a religious or cultural aspect beyond the official realm of equal citizenship. This potential storm to come must be addressed head on because it mixes three inflammatory components in today’s politic…
The Birthright Lottery
The Future of National Citizenship
Citizenship as Inherited Property
The global distributive implications of automatically allocating political membership according to territoriality ( jus soli) and parentage ( jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region— with its specific level of wealth, degree of stability, and human rights record— is a crucial factor in the determination of life cha…
On Citizenship, States, and Markets
On Citizenship and Multicultural Vulnerability
Soulevant le probleme de l'assimilation des diversites culturelles au sein des societes multiculturalistes, l'A. montre que le danger des politiques assimilationnistes consiste dans le renforcement des hierarchies du pouvoir de l'Etat au detriment de certains membres du groupe communautaire. Examinant un aspect particulier de ce paradoxe de la vulnerabilite multiculturelle, l'A. mesure les consequences de l'assimilation multiculturelle sur les dr…
Citizenship as Inherited Property
The global distributive implications of automatically allocating political membership according to territoriality ( jus soli) and parentage ( jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region— with its specific level of wealth, degree of stability, and human rights record— is a crucial factor in the determination of life cha…
Group Identity and Women’s Rights in Family Law
Unequal access
Combining insights from the history of citizenship with contemporary legal analysis, this article both highlights and problematizes what we may call sorting strategies – restrictive closure and selective openness – which rely on ‘varieties of affluence’ (income, wealth, equity, credit, and the like) in shaping possibilities for entry, settlement, and naturalization. By emphasizing the growing significance of income barriers and thresholds on the …
The Marketization of Citizenship in an Age of Restrictionism
In today's age of restrictionism, a growing number of countries are closing their gates of admission to most categories of would-be immigrants with one important exception. Governments increasingly seek to lure and attract “high value” migrants, especially those with access to large sums of capital. These individuals are offered golden visa programs that lead to fast-tracked naturalization in exchange for a hefty investment, in some cases without…
Introduction
Keywords:: citizenshipprovisional membershipglobalizationimmigrationsovereigntyborders
Gated citizenship
In The Birthright Lottery, I explored how birthright access to citizenship operates as a distributor (or denier) of opportunity on a global scale. Today, 97 percent of the global population gains access to citizenship solely by virtue of where or to whom they are born. This article shifts the gaze from the automatic transmission of citizenship (which I call the initial allocation), to deciphering the code, or underlying logic, that governs the se…
Faith in law
This article evaluates demands for privatized diversity that destabilize traditional notions of separation of state and religion, by asking secular authorities to adopt a hands-off, non-interventionist approach, placing civil and family disputes with a religious or cultural aspect beyond the official realm of equal citizenship. This potential storm to come must be addressed head on because it mixes three inflammatory components in today’s politic…
Solidarity in Place? Hope and Despair in Postpandemic Membership
Initially portrayed as the “great equalizer,” the COVID-19 pandemic has proved anything but. This essay recounts the sobering social disparities and vulnerabilities that the pandemic has exposed, especially when it comes to the inequalities that are baked into existing membership regimes, before turning to narratives of hope and democratic renewal. My discussion shines a spotlight on the relationship between borders, (im)mobility, and struggles f…
Global Gender Inequality and the Empowerment of Women
Half the Sky: Turning Oppression into Opportunity for Women Worldwide is a powerful journalistic account of the oppression of women worldwide, and of the ways that some women and men have struggle against this oppression and discovered new forms of economic empowerment. The book—in its eleventh printing in less than a year, and with testimonials from the likes of Angelina Jolie and George Clooney—is also a publishing sensation. Half the Sky bring…
Group Identity and Women’s Rights in Family Law
The Paradox of Multicultural Vulnerability
Ayelet Shachar is a good deal less ‘catholic’, pointing at the losses in individual rights that multicultural accommodation may entail. She calls a ‘paradox of multicultural vulnerability’ a situation in which group members may reap some benefits from multicultural accommodation, while individuals with ‘other’ identities (for instance, women) bear disproportionate costs for preserving their group's identity. Discussing religious family law in Isr…
Should Church and State Be Joined at the Altar? Women's Rights and the Multicultural Dilemma
The first section of this chapter (Women and family law) demonstrates why women living in minority groups are more vulnerable than men to maltreatment in the family‐law context. In the second section, two extant approaches to family‐law accommodation (the ‘secular absolutist’ model, and the ‘religious particularist’ model) are discussed that exemplify the family‐law arrangements adopted in numerous legal democracies. In the last section, a new al…
On Citizenship and Multicultural Vulnerability
Soulevant le probleme de l'assimilation des diversites culturelles au sein des societes multiculturalistes, l'A. montre que le danger des politiques assimilationnistes consiste dans le renforcement des hierarchies du pouvoir de l'Etat au detriment de certains membres du groupe communautaire. Examinant un aspect particulier de ce paradoxe de la vulnerabilite multiculturelle, l'A. mesure les consequences de l'assimilation multiculturelle sur les dr…
Multicultural Jurisdictions
Is it possible for the state simultaneously to respect deep cultural differences and to protect the hard-won citizenship rights of vulnerable group members, particularly women? This 2001 book argues that it is not only theoretically needed, but also institutionally feasible. Rejecting prevalent normative and legal solutions to this 'paradox of multicultural vulnerability', Multicultural Jurisdictions develops a powerful argument for enhancement o…
Lubavitchers as Citizens
Lubavitchers as Citizens: A Paradox of Liberal Democracy
Citizenship as Inherited Property
The global distributive implications of automatically allocating political membership according to territoriality ( jus soli) and parentage ( jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region— with its specific level of wealth, degree of stability, and human rights record— is a crucial factor in the determination of life cha…
The Birthright Lottery
The Future of National Citizenship
Global Gender Inequality and the Empowerment of Women
Half the Sky: Turning Oppression into Opportunity for Women Worldwide is a powerful journalistic account of the oppression of women worldwide, and of the ways that some women and men have struggle against this oppression and discovered new forms of economic empowerment. The book—in its eleventh printing in less than a year, and with testimonials from the likes of Angelina Jolie and George Clooney—is also a publishing sensation. Half the Sky bring…
Faith in law
This article evaluates demands for privatized diversity that destabilize traditional notions of separation of state and religion, by asking secular authorities to adopt a hands-off, non-interventionist approach, placing civil and family disputes with a religious or cultural aspect beyond the official realm of equal citizenship. This potential storm to come must be addressed head on because it mixes three inflammatory components in today’s politic…
Human Rights
The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume, distinguishe…
On Citizenship, States, and Markets
Introduction
Keywords:: citizenshipprovisional membershipglobalizationimmigrationsovereigntyborders
Squaring the Circle of Multiculturalism? Religious Freedom and Gender Equality in Canada
The Canadian Charter of Rights and Freedoms is globally unique in that it includes explicit commitments to the values of multiculturalism and gender equality. Section 27 of the Charter provides that: “[It] shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians,” whereas section 28 states that: “Notwithstanding anything in this Charter, the rights and freedoms referred to in it …
Citizenship For Sale?
“There are some things that money can’t buy.” Is citizenship among them? This chapter explores this question by highlighting the core legal and ethical puzzles associated with the surge in cash-for-passport programs. The spread of these new programs is one of the most significant developments in citizenship practice in the past few decades. It tests our deepest intuitions about the meaning and attributes of the relationship between the individual…
Liberal and Republican Conceptions of Citizenship
This chapter examines what it means to be a citizen within liberal and republican political theories - liberalism as the dominant political philosophy of our time, and republicanism as bringing to the fore a new focus on citizenship. Evolving in different historical contexts, liberalism and republicanism represent alternative perspectives on the problem of politics; they share the value of freedom, but interpret and prioritise it differently vis …
Inclusive Citizenship Beyond the Capacity Contract
There is deep tension within mainstream citizenship theory. On the one hand, citizenship is often defined in terms of social membership, such that all those affected or all those governed should be part of the demos. On the other hand, citizenship is often limited by an implicit “capacity contract” to those with sophisticated cognitive and linguistic capacities to engage in rational political deliberation, thereby excluding children, people with …
The Oxford Handbook of Citizenship
Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity an…
Citizenship and the Franchise
The struggle for universal suffrage has been a paradigmatic political struggle in the modern state, as people have striven to achieve full and equal citizenship. This chapter examines - from a conceptual, legal and historical perspective - the ‘selection’ of voters as one of the core hallmarks of citizenship in modern democracies. It explores the ways in which the ideas and practices of citizenship intersect with the right to vote, allowing us to…
Coda
The ‘selling of citizenship’ is indicative of larger and deeper transformations of our conception of political membership. Globally, it exacerbates inequality by securing privileged access to membership for the super-rich. Domestically, it runs the risk of straining civic bonds and democratic solidarity. Taken together, these developments reveal whom the contemporary market-friendly state prioritizes in the admission line and whom it most covets …
Dangerous Liaisons
Vogue predictions that citizenship is diminishing in relevance or perhaps even vanishing outright, popular among jetsetters who already possess full membership status in affluent democracies, have failed to reach many applicants still knocking on the doors of well-off polities. One can excuse the world’s destitute, those who are willing to risk their lives in search of the promised lands of migration in Europe or America, for not yet having heard…
The Marketization of Citizenship in an Age of Restrictionism
In today's age of restrictionism, a growing number of countries are closing their gates of admission to most categories of would-be immigrants with one important exception. Governments increasingly seek to lure and attract “high value” migrants, especially those with access to large sums of capital. These individuals are offered golden visa programs that lead to fast-tracked naturalization in exchange for a hefty investment, in some cases without…
The shifting border
The border is one of the most urgent issues of our times. We tend to think of a border as a static line, but recent bordering techniques have broken away from the map, as governments have developed legal tools to limit the rights of migrants before and after they enter a country's territory. The consequent detachment of state power from any fixed geographical marker has created a new paradigm: the shifting border, an adjustable legal construct un…
Unequal access
Combining insights from the history of citizenship with contemporary legal analysis, this article both highlights and problematizes what we may call sorting strategies – restrictive closure and selective openness – which rely on ‘varieties of affluence’ (income, wealth, equity, credit, and the like) in shaping possibilities for entry, settlement, and naturalization. By emphasizing the growing significance of income barriers and thresholds on the …
Law (28 obras) · Political science (28 obras) · Sociology (26 obras) · Politics (24 obras) · Citizenship (22 obras) · Law (13 obras) · Law and economics (12 obras) · Political economy (11 obras) · Migration, Refugees, and Integration (9 obras) · Philosophy (9 obras)