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Ernst-Wolfgang Böckenförde, Mirjam Künkler, and Tine Stein

Print publication date: 2017

Print ISBN-13: 9780198714965

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780198714965.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 July 2021

Citizenship and the Concept of Nationality [1995]

Citizenship and the Concept of Nationality [1995]

(p.318) XIV Citizenship and the Concept of Nationality [1995]I
Constitutional and Political Theory

Mirjam Künkler

Tine Stein

Oxford University Press

Böckenförde here examines Rogers Brubaker’s historical explanation of the divergence of French and German theories of nationhood and citizenship. Through Brubaker, Böckenförde asks what accounts for the predominant use of ius soli in France and ius sanguinis in Germany. Citizenship defines the individual’s relationship to the state, which itself came to represent the nation in the eighteenth and nineteenth centuries. The French understand their nation as the product of the state; Germans as its basis. Post-World War II migration came to cause rifts in each country’s notions of nationhood and citizenship. Algerians in France after Algeria’s independence and Gastarbeiter in Germany made each country question the citizenship/nationhood policy. Contrary to contemporaneous voices in Germany, Böckenförde argues that dual citizenship does not pose a problem of torn loyalty. Moreover, he proposes it as an easy way to reconcile the two notions of citizenship and nationhood.

Keywords:   citizenship law, ius solis, ius sanguinis, German nation, French nation, nationhood, Gastarbeiter

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