new directions in critical theory columbia university “Jacqueline Stevens is a careful scholar and an engaging writer. States Without press New York Nations is a must read for any scholar of the politics, sociology, or legal studies of S the state—and anyone concerned with distributive justice.” www.cup.columbia.edu T dalton conley, New York UNiversitY Printed in the U.S.A. E V arguing that the core laws of the nation-state are more about a fear of E death than a desire for freedom, Jacqueline Stevens imagines a world in which N birthright citizenship, family inheritance, state-sanctioned marriage, and private S land ownership are eliminated. Would chaos be the result? Drawing on political S theory and history and incorporating contemporary social and economic data, she T brilliantly critiques our sentimental attachments to birthright citizenship, inheri- A tance, and marriage and highlights their harmful outcomes, including war, global T apartheid, destitution, family misery, and environmental damage. It might be hard E to imagine countries without the rules of membership and ownership that have S come to define them, but as Stevens shows, conjuring new ways of reconciling our W laws with the condition of mortality reveals the flaws of our present institutions and inspires hope for moving beyond them. I T H “Stevens is provocative in rethinking many assumptions people take for granted. . . . Highly recommended.” O ChoiCe U T “The breadth and creativity of [Stevens’s] arguments are refreshing. . . . A welcome addition to the citizenship literature.” N elizabeth cohen, PersPectives on Politics A T “No theorist is better positioned to explode this myth—in its birthright, where it I O lives, in its premises of blood and land and birth—than Jacqueline Stevens.” Jeremy waldron, New York UNiversitY school of law N S 9 JNaocrtqhuweelsitneren sUtneivveernsisty i sa na dp rthofee asusothr oinr othf eR epporliotdicuacl isncgi etnhec eS dtaetpea. rSthmee annta alyt zes 78 ISBNisbn 0 :: the politics of hereditary groups, including the laws and pseudoscientific 23 978 978 1 -- narratives that make ethnicity, nation, race, and other intergenerational groups 0-0- 1 22 seem natural. Her research is available at www.jacquelinestevens.org. 48 31-131-1 7 44 cover desigN: martin n. hinze 71 877-1877-1 STATES WITHOUT NATIONS NEW DIRECTIONS IN CRITICAL THEORY NEW DIRECTIONS IN CRITICAL THEORY Amy Allen, General Editor New Directions in Critical Theory presents outstanding classic and contemporary texts in the tradition of critical social theory, broadly construed. The series aims to renew and advance the program of critical social theory, with a par tic u lar focus on theorizing contemporary struggles around gender, race, sexuality, class, and globalization and their complex interconnections. Narrating Evil: A Postmetaphysical Theory of Refl ective Judgment, maría pía lara The Politics of Our Selves: Power, Autonomy, and Gender in Contemporary Critical Theory, amy allen Democracy and the Po liti cal Unconscious, noëlle mcafee The Force of the Example: Explorations in the Paradigm of Judgment, alessandro ferrara Horrorism: Naming Contemporary Violence, adriana cavarero Scales of Justice: Reimagining Po liti cal Space in a Globalizing World, nancy fraser Pathologies of Reason: On the Legacy of Critical Theory, axel honneth jacqueline stevens STATES WITHOUT NATIONS Citizenship for Mortals COLUMBIA UNIVERSITY PRESS(cid:2) NEW YORK columbia university press Publishers Since 1893 New York Chichester, West Sussex Copyright © 2010 Columbia University Press Paperback edition, 2011 All rights reserved Library of Congress Cataloging- in- Publication Data Stevens, Jacqueline, 1962– States without nations : citizenship for mortals / Jacqueline Stevens. p. cm. — (New directions in critical theory) Includes bibliographical references and index. ISBN 978-0-231-14876-4 (cloth : alk. paper)—ISBN 978-0-231-14877-1 (pbk. : alk. paper)—ISBN 978-0-231-52021-8 (e-book) 1. Liberty. 2. Citizenship. 3. Inheritance and succession. 4. Marriage. 5. Eminent domain. I. Title. II. Series. JC585.S74 2009 323.6—dc22 2009012178 Columbia University Press books are printed on permanent and durable acid-f ree paper. This book is printed on paper with recycled content. Printed in the United States of America c 10 9 8 7 6 5 4 3 2 1 p 10 9 8 7 6 5 4 3 2 1 References to Internet Web sites (URLs) were accurate at the time of writing. Neither the author nor Columbia University Press is responsible for URLs that may have expired or changed since the manuscript was prepared. design by martin n. hinze For Sarah and Rue To fi ght aloud, is very brave— But gallanter, I know Who charge within the bosom The Cavalry of Woe— Who win, and nations do not see— Who fall— and none observe— Whose dying eyes, no Country Regards with patriot love— We trust, in plumed pro cession For such, the Angels go— Rank after Rank, with even feet— And Uniforms of Snow. EMILY DICKINSON (C. 1859) Contents preface xi Introduction 1 1. The Per sis tence and Harms of Birthright Citizenship in So- called Liberal Theory and Countries 27 2. Abolishing Birthright Citizenship 73 3. A Theory of Wealth for Mortals 104 4. Abolishing Inheritance 136 5. The Law of the Mother 152 6. Abolishing Marriage 175 7. Abolishing Private Land Rights: Toward a New Practice of Eminent Domain 184 8. Religion and the Nation- State 214 appendix: methods for an open society 225 ac know ledg ments 243 notes 247 bibliography 327 index 353