Protection and Freedom? Citizenship in Europe in the 20th and 21st Century

Book Cover Gosewinkel "Schutz und Freiheit?" Citizenship was the mark of political affiliation in Europe in the twentieth century. While estate, religion, party, class, and nation lost political significance in the century of extremes, citizenship advanced to become the decisive category of political affiliation.

In the century’s upheavals and political struggles, the legal institution of citizenship had a decisive influence on the limits of a political community, on in- and exclusion, and thus on an individual’s opportunities in life. Its enfranchisement included the obligation to risk life and limb for the survival of one’s country in exchange for the right to protection, participation in the expanding political and social rights in the democracies and welfare states of Europe and ultimately access to the new legal status of being a citizen of the European Union. Continue reading

A Matter of Security? Conscientious Objection and State Recognition

Recognition of the right to refuse military service seems at first glance to be inherently paradoxical. Yet over the course of recent decades, with the broadening of democratic discourse, democracies have begun to recognize even opposition to military service on grounds of conscience—whether religious or otherwise. Continue reading

Reclaiming Human Rights from Globalisation

Whatever the true historical origins and philosophical foundations of human rights, their protection has taken a distinctive form in the modern state legal order and, by extension, the state-centred conception of international law. From the American and French Declarations of the ‘Rights of Man’ to the Universal Declaration of Human Rights, the main purpose of human rights was to organize and legitimize the social compact between the state and its citizens. Continue reading