Liberal Inclusiveness and Aliens: The Emergence of Cost-Benefit Analysis and Proportionality in the Treatment of Aliens in the U.S. And Germany

Citizenship Studies, Vol. 5, P. 237, 2000

Posted: 12 Feb 2001

See all articles by David Abraham

David Abraham

University of Miami - School of Law

Abstract

Viewed in perspective, the gap between "citizen" and "alien" has been shrinking in both American and German law. Despite some recent hostility toward immigrants and aliens in both countries, the longer-term tendency has been to grant aliens greater rights. In part this is because the courts have moved to a more functionalist and prosaic perspective and away from grand theories of citizenship and rights. In part, however, this development also points to the reduction of solidarity within these societies and the decline in the power and viability of citizenship as a political and socio-economic category. The result has been a gain in "recognition" but at the expense of "redistributive" politics. An emphasis on individualized equal protection has greatly facilitated struggles against discrimination, yet that has happened at the expense of class and other solidarities that might be desirable in the face of rampant and deterritorialized capital.

Note: This is a description of the paper and not the actual abstract.

Suggested Citation

Abraham, David, Liberal Inclusiveness and Aliens: The Emergence of Cost-Benefit Analysis and Proportionality in the Treatment of Aliens in the U.S. And Germany. Citizenship Studies, Vol. 5, P. 237, 2000. Available at SSRN: https://ssrn.com/abstract=252553

David Abraham (Contact Author)

University of Miami - School of Law ( email )

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