Law, Citizenship and The Politics of Identity

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Berns, Sandra
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1998
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Lawyers figure citizenship narrowly, interpreting signs of nationality,' of domicile, of suffrage,2 of status, excluding migrant, permanent resident and alien. The lawyer's citizen is a shadowy creature, its attributes sensible only to those well versed in the decoding of legal language. Its identity is inseparable from the documents it carries: carefully stamped forms detailing movements, permissions, the intricacies of identity in the states of late modernity. Though the habits of this shadowy creature are varied, its habitats are almost invariably urban. The lawyer's citizen is a creature of bureaucracy.' If bureau-tropic is not yet a word, the lawyer's citizen cannot exist without seeking out the paraphernalia of the liberal state just as phototropic plants seek out the sun. The disciplinary regimes of the state provide identity and sustenance. In this sense, citizenship is a product of late modernity, having developed coevally with the liberal order.'

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Griffith Law Review

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7

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1

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© 1998 Griffith Law School. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.

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Law

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