CITIZENS AND ALIENS: Constitutionalism, Community and Citizenship
Institute of Political Studies (IEP), Catholic University of Portugal
9 contact hours, corresponding to 3 ECTS
Instructor:
Paulo Zagalo e Melo
Director, Luso-American Foundation
Invited Researcher, Institute of Political Studies, Catholic University of Portugal
email: zagalo-melo [at] post.harvard.edu
Office hours: by appointment; schedule appointment by email.
_______________________________________________________________________________________________
CITIZENS AND ALIENS: Constitutionalism, Community, and Citizenship
SEMINAR OVERVIEW
For all we may resist such ultimate questions as the meaning of justice and the nature of the good life, what we cannot escape is that we live some answer to these questions – we live some ‘theory’ – all the time.
Michael Sandel, in “Democracy’s Discontent”, 1996
Citizens and Aliens is part of an international initiative on Citizenship-related studies co-founded by Horst Mewes and Paulo Zagalo e Melo, comprising (1) Citizens and Aliens – a space for sharing knowledge and promote debate on issues of community and membership; (2) Future Citizenship – a venture to promote and facilitate access to citizenship projects internationally; and (3) Future Citizens – a peer-reviewed electronic journal publishing scholarly work on various aspects of citizenship.
Citizens and Aliens does not aim at promoting any particular view or policy, but rather at introducing, analyzing and weighing prominent and promising citizenship theories.
Political theory requires intellectual humility. Answers to our political life's most basic questions do not come easily. The Citizens and Aliens seminar provide an opportunity for thinking carefully and seriously about crucial questions of political life such as the nature and form of political community and the rationale and shape of its membership, which shape our lives and even our views of the world. It also aims at developing our critical and methodical analysis of citizenship-related concepts.
Students are strongly encouraged to contact the instructors to express their particular goals and interests within the broad issue of citizenship, and how those fit into their current or future academic or professional plans. Hence, students should approach instructors by e-mail even before the beginning of the course.
Mandatory Readings and Notes for Students [CLICK HERE for Access to Restricted Student Zone]
_______________________________________________________________________________________________
Section 1 - Political Community and Membership
What are the bases of political communities? Are political communities formed by our sense of responsibility toward one another? Or simply to avoid conflict? What are the requisites to form a political community? In which manners do we attach ourselves to political communities?
Readings Section 1:
- Etzioni, Amitai. (2000). “Creating Good Communities and Good Societies.” Contemporary Sociology 29 (1), pp. 188-195.
- Waldron, Jeremy. (2011). The Principle of Proximity (January 17, 2011). NYU School of Law, Public Law Research Paper No. 11-08. Available at SSRN: http://dx.doi.org/10.2139/ssrn.1742413
- Carens, Joseph H. (2000). “Multiple Political Memberships, Overlapping National Identities, and the Dimensions of Citizenship”. In Culture, citizenship, and community : a contextual exploration of justice as evenhandedness. Oxford ; New York, Oxford University Press : pp. 161-176.
- Gunsteren, Hermann. (1988). "Admission to Citizenship." Ethics 98(4): 731-741.
_______________________________________________________________________________________________
Section 2 - Constitutionalism and Nationalism
How are constitutions, national identities, and nationalism related? How does a Constitution relate to other possible forms of political or national community or collective identity formation? Aside from guaranteeing individual rights, is a constitution binding on modes of collective identity?
Readings Section 2:
- Ginsburg, Thomas, Zachary Elkins, and James Melton. 2009. The Life Span of Written Constitutions. The Record Online (Alumni Magazine). Spring 2009. http://www.law.uchicago.edu/alumni/magazine/lifespan
- Amar, Akhil Reed. 1997. “A Few Thoughts on Constitutionalism, Textualism, and Populism,” 65 Fordham L. Rev. 1657.
- Grimm, Dieter. 2010. The Achievement of Constitutionalism and its Prospects in a Changed World. in "The Twilight of Constitutionalism?" Edited by Petra Dobner and Martin Loughlin. Oxford University Press, New York, NY.
- Poiares-Maduro, Miguel. 2004. “How Constitutional Can the European Union Be? The Tension Between Intergovernamentalism and Constitutionalism in the European Union.” Ed. J.H.H. Weiler and Eisgruber. Altneuland: The EU Constitution in a Contextual Perspective (Jean Monnet Working Paper 5/04). http://www.jeanmonnetprogram.org/papers/04/040501-18.html.
- Grimm, Dieter. 1995. Does Europe Need a Constitution? European Law Journal, Vol. 1. No. 3. November 1995. pp. 282-302.
_____________________________________________________________________________________________
Section 3 - Rights and Democracy
Citizenship rights are occasionally referred to as the rights to have rights. Which rights are the members of any given community entitled to? Do political communities have rights too, or just their individual members?
With the spread of liberalism and democracy, and considering the present levels of interdependence of political communities, is a state's right to decide whether to admit aliens and to concede them rights becoming obsolete?
Who rules over membership rights? Are supranational democratic structures or any forms and dimensions of 'global democracy' to determine membership rules applicable to states?
Readings Section 3:
- Bellamy, Richard. 2001. "The 'Rights to Have Rights': Citizenship Practice and the Political Constitution of the EU". ESRC 'One Europe or Several?' Working Paper 25/01.
- Lardy, Heather. (1997). "Citizenship and the Right to Vote." Oxford Journal of Legal Studies 17(1): 75-100.
- Neier, Aryeh. "Social and Economic Rights: A Critique." Human Rights Brief 13, no. 2 (2006): 1-3.
- Klausen, Jytte. (1995). "Social Rights Advocacy and State Building: T. H.. Marshall in the Hands of Social Reformers," World Politics, Vol. 47, No. 2. pp. 244-267.
- Discussion and Concluding Remarks: three questions for discussion (which will be the same questions to choose from in the final paper)
_______________________________________________________________________________________________
Evaluation Requirements:
Citizens and Aliens: Constitutionalism, Community and Citizenship is fully taught in English, and all evaluation requirements must be fulfilled also in English..
In each session, each student must give one 15 to 20 minutes in-class oral report on one of the readings assigned. Readings may be chosen by students on a first-come first-served basis. In case a student has not chosen his/her readings, the instructor will assign one during the first session of the seminar.
A 3000 word paper is due June 24, 2012 (double spaced, font Times New Roman size 12; resulting in approximately 12 pages). The paper must be emailed to the instructor (zagalo-melo @ post.harvard.edu) in a Word or PDF format. After submitting your paper you will receive an email acknowledging receipt of your paper.
Final papers presented within 3 days after the deadline will get a 2-point penalty in the final grade. Papers presented after those 3 days will not be accepted. A student may require a ‘special case’ deadline, which will have to be approved by the instructors before the end of the regular deadline.
The final grade will be a composite of all the evaluation requirements submitted in which every single requisite – blog answers, oral presentation, and final paper – is mandatory. Students who have not fulfilled all the grading requirements by the deadline will not be graded.
The final grade is ‘final’ – requests for second chances, revisions, or “melhorias de nota” will not be attended, unless to amend or correct a proven mistake.
9 contact hours, corresponding to 3 ECTS
Instructor:
Paulo Zagalo e Melo
Director, Luso-American Foundation
Invited Researcher, Institute of Political Studies, Catholic University of Portugal
email: zagalo-melo [at] post.harvard.edu
Office hours: by appointment; schedule appointment by email.
_______________________________________________________________________________________________
CITIZENS AND ALIENS: Constitutionalism, Community, and Citizenship
SEMINAR OVERVIEW
For all we may resist such ultimate questions as the meaning of justice and the nature of the good life, what we cannot escape is that we live some answer to these questions – we live some ‘theory’ – all the time.
Michael Sandel, in “Democracy’s Discontent”, 1996
Citizens and Aliens is part of an international initiative on Citizenship-related studies co-founded by Horst Mewes and Paulo Zagalo e Melo, comprising (1) Citizens and Aliens – a space for sharing knowledge and promote debate on issues of community and membership; (2) Future Citizenship – a venture to promote and facilitate access to citizenship projects internationally; and (3) Future Citizens – a peer-reviewed electronic journal publishing scholarly work on various aspects of citizenship.
Citizens and Aliens does not aim at promoting any particular view or policy, but rather at introducing, analyzing and weighing prominent and promising citizenship theories.
Political theory requires intellectual humility. Answers to our political life's most basic questions do not come easily. The Citizens and Aliens seminar provide an opportunity for thinking carefully and seriously about crucial questions of political life such as the nature and form of political community and the rationale and shape of its membership, which shape our lives and even our views of the world. It also aims at developing our critical and methodical analysis of citizenship-related concepts.
Students are strongly encouraged to contact the instructors to express their particular goals and interests within the broad issue of citizenship, and how those fit into their current or future academic or professional plans. Hence, students should approach instructors by e-mail even before the beginning of the course.
Mandatory Readings and Notes for Students [CLICK HERE for Access to Restricted Student Zone]
_______________________________________________________________________________________________
Section 1 - Political Community and Membership
What are the bases of political communities? Are political communities formed by our sense of responsibility toward one another? Or simply to avoid conflict? What are the requisites to form a political community? In which manners do we attach ourselves to political communities?
Readings Section 1:
- Etzioni, Amitai. (2000). “Creating Good Communities and Good Societies.” Contemporary Sociology 29 (1), pp. 188-195.
- Waldron, Jeremy. (2011). The Principle of Proximity (January 17, 2011). NYU School of Law, Public Law Research Paper No. 11-08. Available at SSRN: http://dx.doi.org/10.2139/ssrn.1742413
- Carens, Joseph H. (2000). “Multiple Political Memberships, Overlapping National Identities, and the Dimensions of Citizenship”. In Culture, citizenship, and community : a contextual exploration of justice as evenhandedness. Oxford ; New York, Oxford University Press : pp. 161-176.
- Gunsteren, Hermann. (1988). "Admission to Citizenship." Ethics 98(4): 731-741.
_______________________________________________________________________________________________
Section 2 - Constitutionalism and Nationalism
How are constitutions, national identities, and nationalism related? How does a Constitution relate to other possible forms of political or national community or collective identity formation? Aside from guaranteeing individual rights, is a constitution binding on modes of collective identity?
Readings Section 2:
- Ginsburg, Thomas, Zachary Elkins, and James Melton. 2009. The Life Span of Written Constitutions. The Record Online (Alumni Magazine). Spring 2009. http://www.law.uchicago.edu/alumni/magazine/lifespan
- Amar, Akhil Reed. 1997. “A Few Thoughts on Constitutionalism, Textualism, and Populism,” 65 Fordham L. Rev. 1657.
- Grimm, Dieter. 2010. The Achievement of Constitutionalism and its Prospects in a Changed World. in "The Twilight of Constitutionalism?" Edited by Petra Dobner and Martin Loughlin. Oxford University Press, New York, NY.
- Poiares-Maduro, Miguel. 2004. “How Constitutional Can the European Union Be? The Tension Between Intergovernamentalism and Constitutionalism in the European Union.” Ed. J.H.H. Weiler and Eisgruber. Altneuland: The EU Constitution in a Contextual Perspective (Jean Monnet Working Paper 5/04). http://www.jeanmonnetprogram.org/papers/04/040501-18.html.
- Grimm, Dieter. 1995. Does Europe Need a Constitution? European Law Journal, Vol. 1. No. 3. November 1995. pp. 282-302.
_____________________________________________________________________________________________
Section 3 - Rights and Democracy
Citizenship rights are occasionally referred to as the rights to have rights. Which rights are the members of any given community entitled to? Do political communities have rights too, or just their individual members?
With the spread of liberalism and democracy, and considering the present levels of interdependence of political communities, is a state's right to decide whether to admit aliens and to concede them rights becoming obsolete?
Who rules over membership rights? Are supranational democratic structures or any forms and dimensions of 'global democracy' to determine membership rules applicable to states?
Readings Section 3:
- Bellamy, Richard. 2001. "The 'Rights to Have Rights': Citizenship Practice and the Political Constitution of the EU". ESRC 'One Europe or Several?' Working Paper 25/01.
- Lardy, Heather. (1997). "Citizenship and the Right to Vote." Oxford Journal of Legal Studies 17(1): 75-100.
- Neier, Aryeh. "Social and Economic Rights: A Critique." Human Rights Brief 13, no. 2 (2006): 1-3.
- Klausen, Jytte. (1995). "Social Rights Advocacy and State Building: T. H.. Marshall in the Hands of Social Reformers," World Politics, Vol. 47, No. 2. pp. 244-267.
- Discussion and Concluding Remarks: three questions for discussion (which will be the same questions to choose from in the final paper)
_______________________________________________________________________________________________
Evaluation Requirements:
Citizens and Aliens: Constitutionalism, Community and Citizenship is fully taught in English, and all evaluation requirements must be fulfilled also in English..
In each session, each student must give one 15 to 20 minutes in-class oral report on one of the readings assigned. Readings may be chosen by students on a first-come first-served basis. In case a student has not chosen his/her readings, the instructor will assign one during the first session of the seminar.
A 3000 word paper is due June 24, 2012 (double spaced, font Times New Roman size 12; resulting in approximately 12 pages). The paper must be emailed to the instructor (zagalo-melo @ post.harvard.edu) in a Word or PDF format. After submitting your paper you will receive an email acknowledging receipt of your paper.
Final papers presented within 3 days after the deadline will get a 2-point penalty in the final grade. Papers presented after those 3 days will not be accepted. A student may require a ‘special case’ deadline, which will have to be approved by the instructors before the end of the regular deadline.
The final grade will be a composite of all the evaluation requirements submitted in which every single requisite – blog answers, oral presentation, and final paper – is mandatory. Students who have not fulfilled all the grading requirements by the deadline will not be graded.
The final grade is ‘final’ – requests for second chances, revisions, or “melhorias de nota” will not be attended, unless to amend or correct a proven mistake.