birthright citizenship

     

Jus soli (Latin for "right of the soil" or, somewhat figuratively, "right of the territory"), or birthright citizenship, is a right by which nationality or citizenship can be recognise to any individual born in the territory of the related state. At the turn of the nineteenth century, nation-states commonly divided themselves between those granting nationality on the grounds of jus soli (France, for example) and those granting it on the grounds of jus sanguinis (right of blood) (Germany, for example). However, most European countries chose the German conception of an "objective nationality", based on blood, race or language (as in Fichte's classical definition of a nation), opposing themselves to republican Ernest Renan's "subjective nationality", based on an every-day plebiscite of one's appurtenance to his Fatherland. This non-essentialist conception of nationality allowed the implementation of jus soli, against the essentialist jus sanguinis. However, today's massive increase of refugees has somewhat blurred the lines between these two antagonistic sources of right.

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