The story of how a much-contested legal category—statelessness—transformed the international legal order and redefined the relationship between states and their citizens.
Two world wars left millions stranded in Europe. The collapse of empires and the rise of independent states in the twentieth century produced an unprecedented number of people without national belonging and with nowhere to go. Mira Siegelberg’s innovative history weaves together ideas about law and politics, rights and citizenship, with the intimate plight of stateless persons, to explore how and why the problem of statelessness compelled a new understanding of the international order in the twentieth century and beyond.
In the years following the First World War, the legal category of statelessness generated novel visions of cosmopolitan political and legal organization and challenged efforts to limit the boundaries of national membership and international authority. Yet, as Siegelberg shows, the emergence of mass statelessness ultimately gave rise to the rights regime created after World War II, which empowered the territorial state as the fundamental source of protection and rights, against alternative political configurations.
Today we live with the results: more than twelve million people are stateless and millions more belong to categories of recent invention, including refugees and asylum seekers. By uncovering the ideological origins of the international agreements that define categories of citizenship and non-citizenship, Statelessness better equips us to confront current dilemmas of political organization and authority at the global level.
A pathbreaking new genealogy of statelessness
Just as the modern state and the citizenship associated with it are commonly thought of as a European invention, so too is citizenship’s negation in the form of twentieth-century diaspora and statelessness. Statelessness sets forth a new genealogy, suggesting that Europe first encountered mass statelessness neither inside its own borders nor during the twentieth century, as Hannah Arendt so influentially claimed, but outside of itself—in the New World, several hundred years earlier.
Through close readings of political philosophers from Hobbes to Rousseau to Kant, Tony C. Brown argues that statelessness became a central problem for political thought early on, with far-reaching implications for thinking both on the state and on being human. What Europeans thought they saw among the “savages” of the Americas was life without political order, life less than human. Lacking almost everything those deemed clearly human had achieved, the stateless existed in a radically precarious, almost inhuman privation.
And yet this existence also raised the unsettling possibility that state-based existence may not be inevitable, necessary, or even ideal. This possibility, as Brown shows, prompts the response—as defensive as it was aggressive—that we call Enlightenment political philosophy, which arguably still orders much thinking on being stateless today, including our discourses concerning migrants and Indigenous peoples.
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