Title

Involuntary Particularism: What the Noahide Laws Tell Us about Citizenship and Alienage

Abstract

This article argues that the Jewish picture of the Noahide laws, laws thought to apply to all non-Jews but particularly to those who would reside in a Jewish commonwealth, can shed light on how to balance a strong sense of citizenship with reasonable policies towards Lawful Permanent Residents. The article enunciates models for how to adapt the provisions of one legal system to another, shows that the Noahide system demanded that non-Jews accept fundamental aspects of a Jewish worldview in order to live among them, and then applies those lessons to argue for a reinvigorated view of American citizenship and a reconsideration of the meaning of lawful permanent residence.

Disciplines

Comparative and Foreign Law | Human Rights Law | Immigration Law | Religion Law

Date of this Version

March 2004