ABSTRACT
Nationality law exists to define the state’s citizenry; it establishes a formal relationship that is the legal basis of claims of rights and duties between state and individual. Thus, this is an area of law that would seem to be entirely within the purview of the state in terms of its creation, content and objectives. Deliberate choices by the state can be expected to operate here to a great degree, and this area of law is tied quite directly to the state’s own goals rather than serving additional primary purposes, as is the case with criminal law and social order. An investigation of nationality law provides important information about the state’s own understanding of its relationship to individual citizens and their rights. Nationality law, like criminal law, is notably gendered, and this provides a further basis on which to evaluate the state’s choices in pursuit of cultural legitimacy.
