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11 Jurisprudence 1 (2020)

handle is hein.journals/jisprud11 and id is 1 raw text is: JURISPRUDENCE 2020, VOL. 11, NO. 1, 1-27 https://doi.org/10.1080/20403313.2020.1788283 Routledge Taylor & Francis Group ANNUAL LECTURE Beyond open and closed borders: the grand transformation of citizenship* Ayelet Shacharab 'Department of Ethics, Law and Politics, Max Planck Institute for the Study of Religious and Ethnic Diversity, Goettingen, Germany; bLaw and Global Affairs, University of Toronto, Toronto, Canada ABSTRACT KEYWORDS The Jurisprudence Lecture, delivered by Ayelet Shachar, challenges Citizenship; migration; the established dichotomy between open and closed borders, inequality; law; showing that one of the most remarkable developments of recent naturalisation; borders; years is that borders are simultaneously both more open and more membership; boundaries; closed. Membership boundaries are not fixed or static. Instead, territory; culture; wealth they expand or shrink, selectively and strategically, depending on the target populations they encounter. Moving beyond the open- closed binary, Shachar conceptualises a far more dynamic, multifaceted, and kaleidoscopic process, which we might call the grand transformation of citizenship. Drawing on a rich set of comparative examples, this article explores three intersecting yet analytically distinct dimensions of the realignment of citizenship: the territorial, the cultural, and the economic. This framework of analysis highlights the interconnected facets driving this transformation, and considers the puzzles that emerge when we think about them in tandem. The moving parts that together comprise this transformation generate novel strategic possibilities for the state, which in turn creates new latitudes for the few and new restrictions for the many. Shachar's goal, ambitious from the start, is to engage in theory-building by articulating the form and function of each of these facets of transformation. She further demonstrates how their variable combinations intermingle to police and restrict (or alternatively, relax and facilitate) access to membership in a globalising world, determining who may overcome the odds in the birthright lottery. Contemporary political and legal theory is preoccupied with the debate between open and closed borders. In this contribution, I wish to disrupt this established dichotomy by showing that one of the most remarkable developments of recent years is that borders are both more open and more closed, simultaneously. Membership boundaries are not CONTACT Ayelet Shachar Shachar@mmg.mpg.de Director of the Max Planck Institute for the Study of Religious and Ethnic Diversity; and Professor of Law, Political Science and Global Affairs, University of Toronto *The gist of the argument developed in this article was presented as the Annual Jurisprudence Lecture at the University of Glasgow. I'm grateful to George Pavlakos and Veronica Rodriguez-Blanco for this invitation and to the audience for an insightful and lively discussion. I also owe a debt of gratitude to Ran Hirschl for his incisive comments and many hours of conversation, and to Benjamin Boudou, Derek Denman, and Jen Rubio for their meticulous reading of earlier drafts. Janice To and Thoby King provided outstanding research assistance. © 2020 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way.

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