• The International National: Ius Commune and the fictions of citizenship.

    Author(s):
    Jesús R. Velasco (see profile)
    Date:
    2017
    Group(s):
    CLCS Medieval, Executive Committee Members, Iberian Studies, TC Law and the Humanities
    Subject(s):
    Comparative law, Law, History, World politics
    Item Type:
    Conference paper
    Conf. Title:
    ACLA Conference
    Conf. Org.:
    University of Utrecht, The Netherlands
    Conf. Loc.:
    Utrecht, The Netherlands
    Conf. Date:
    7-9 July, 2017
    Tag(s):
    citizenship, international law, immigration, exclusion, fictio legis, Comparative legal studies, Legal history, Medieval studies, Political history
    Permanent URL:
    http://dx.doi.org/10.17613/M62N22
    Abstract:
    The following text was presented as part of the Presidential Panel at the American Comparative Literature Association, Utrecht (The Netherlands), July 8th 2017. The panel was composed of Joseph Slaughter (ACLA President, English and Comparative Literature, Columbia University in the City of New York), Maria Aristodemou, Law, Birkbeck College, London), and Hala Halim (Comparative Literature, NYU). I address the question that international law is already formally, politically, and culturally embedded in national laws from a historical perspective. I will show how cultural legal history could unveil the ways in which the formation of national common law —and in particular that that claims to derive from the tradition of ius commune— implies the articulation of imperial and ecclesiastical legal models. This articulation, and its presentation as a common legal core, is indeed the result of a complex process of exclusions, of which one could highlight some important ones, including, of course, other universalized legal systems (Muslim, Jew), racial issues, gender issues as well as other more subtle ones, like the legalities surrounding citizenship and the legal fictions (fictiones legum) that underwrite citizenship in the process of imperial expansion.
    Metadata:
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    Status:
    Published
    Last Updated:
    6 years ago
    License:
    All Rights Reserved
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