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Allegiance, Citizenship and the Law

Hardback

Allegiance, Citizenship and the Law

The Enigma of Belonging

9781839102530 Edward Elgar Publishing
Helen Irving, Professor Emerita, Sydney Law School, The University of Sydney, Australia
Publication Date: April 2022 ISBN: 978 1 83910 253 0 Extent: c 224 pp
Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.

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Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the concept of allegiance and its revival in recent times, identifying and contextualising its evolving association with theories of citizenship.

The book explores how allegiance was historically owed in return for the sovereign’s protection but has been redeployed by modern governments to justify the withdrawal of protection. It examines allegiance from multiple perspectives, including laws for the revocation of citizenship, new ideas of citizenship education, the doctrine of treason, oaths of allegiance, naturalisation tests, and theories of belonging. This thought-provoking book ultimately finds allegiance to be a feudal concept that is inappropriate in the liberal democratic state, and is misplaced, even dangerous, in its association with modern citizenship. Rejecting allegiance, but reaching a constructive resolution, it explores modern alternatives to describe the bond between citizens, advancing a new perspective on the ‘enigma’ of belonging.

With its carefully constructed analysis, this work will prove pivotal in furthering our understanding of allegiance and citizenship. Its legal-theoretical account of a complex and under-theorised concept make it valuable reading for legal and political theorists, legal historians, and scholars of citizenship, law, and social politics.
Critical Acclaim
‘Focused on citizenship as legal status, Helen Irving meticulously excavates the complex past and present of allegiance in relation to the topic of citizenship. She shows us in detail how allegiance works, how it links to acquisition and loss of citizenship, and how we should think about it in relation to contested topics such as dual citizenship. Until now, there has been a gap in the literature of modern citizenship in relation to allegiance. Irving’s new book fills that gap.’
– Jo Shaw, University of Edinburgh, UK
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