Hostname: page-component-cd9895bd7-gxg78 Total loading time: 0 Render date: 2024-12-22T17:31:26.583Z Has data issue: false hasContentIssue false

Jus Tempus in the Magna Carta: The Sovereignty of Time in Modern Politics and Citizenship

Published online by Cambridge University Press:  30 June 2010

Elizabeth F. Cohen
Affiliation:
Syracuse University

Extract

In the English constitutional tradition, subjecthood has been primarily derived from two circumstances: place of birth and time of birth. People not born in the right place and at the right time are not considered subjects. What political status they hold varies and depends largely on the political history of the territory in which they reside at the exact time of their birth. A genealogy of early modern British subjecthood reveals that law based on dates and temporal durations—what I will call collectively jus tempus—creates sovereign boundaries as powerful as territorial borders or bloodlines. This concept has myriad implications for how citizenship comes to be institutionalized in modern politics. In this article, I briefly outline one route through which jus tempus became a constitutive principle within the Anglo-American tradition of citizenship and how this concept works with other principles of membership to create subtle gradations of semi-citizenship beyond the binary of subject and alien. I illustrate two main points about jus tempus: first, how specific dates create sovereign boundaries among people and second, how durational time takes on an abstract value in politics that allows certain kinds of attributes, actions, and relationships to be translated into rights-bearing political statuses. I conclude with some remarks about how, once established, the principle of jus tempus is applied in a diverse array of political contexts.

Type
Symposium
Copyright
Copyright © American Political Science Association 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Adam, Barbara. 2004. Time. Cambridge, UK: Polity.Google ScholarPubMed
Bilder, Mary Sarah. 2004. The Transatlantic Constitution. Cambridge, MA: Harvard University Press.Google Scholar
Brubaker, Rogers. 1992. Citizenship and Nationhood in France and Germany. Cambridge: Harvard University Press.CrossRefGoogle Scholar
Calvin v. Smith. 1608. 77 English Report (K.B. 1608).Google Scholar
Cohen, Elizabeth. 2009. Semi-Citizenship in Democratic Politics. New York: Cambridge University Press.CrossRefGoogle Scholar
Dahl, Robert. 1989. Democracy and Its Critics. New Haven, CT: Yale University Press.Google Scholar
Hammar, Tomas. 1994. “Legal Time of Residence and the Status of Immigrants.” In From Aliens to Citizens: Redefining the Status of Immigrants in Europe, ed. Bauböck, Rainer, 187–98. Vienna: Avebury.Google Scholar
Hulsebosch, Daniel. 2003. “The Ancient Constitution and the Expanding Empire: Sir Edward Coke's British Jurisprudence.” Law and History Review 21 (3): 439–82.CrossRefGoogle Scholar
Kettner, James. 1978. The Development of American Citizenship, 1608–1870. Chapel Hill: University of North Carolina Press.Google Scholar
McIlvaine v. Coxe. 1805. 6 U.S. 280.Google Scholar
Meyler, Bernadette. 2001. “The Gestation of Birthright Citizenship, 1869–1898: States Rights, the Law of Nations, and Mutual Consent.” Georgetown Immigration Law Journal 15: 519–62.Google Scholar
Pocock, J. G. A. 1987. The Ancient Constitution and the Feudal Law: A Study of English Historical Thought in the Seventeenth Century. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Price, Polly. 1997. “Natural Law and Birthright Citizenship in Calvin's Case (1608).” Yale Journal of Law and Humanities 73: 73145.Google Scholar
Rubenfeld, Jed. 2001. Freedom and Time. New Haven and London: Yale University Press.CrossRefGoogle Scholar
Sahlins, Peter. 2004. Unnaturally French: Foreign Citizens in the Old Regime and After. Ithaca: Cornell University Press.CrossRefGoogle Scholar
Schuck, Peter H., and Smith, Rogers M.. 1985. Citizenship without Consent: Illegal Aliens in the American Polity. New Haven and London: Yale University Press.Google Scholar
Somers, Margaret R. 2008. Genealogies of Citizenship. Cambridge and New York: Cambridge University Press.Google Scholar
Turner, Ralph V. 2003. Magna Carta through the Ages. London: Longman.Google Scholar
Wells, Charlotte. 1995. Law and Citizenship in Early Modern France. Baltimore, MD: Johns Hopkins University Press.Google Scholar
Wheeler, Harvey. 1947. Calvin's Case and the Empire, Ph.D. diss., Indiana University.Google Scholar