Patrick Weil

De la laïcité en France

How to Be French is a magisterial history of French nationality law from 1789 to the present, written by Patrick Weil, one of France’s foremost historians. First published in France in 2002, it is filled with captivating human dramas, with legal professionals, and with statesmen including La Fayette, Napoleon, Clemenceau, de Gaulle, and Chirac. France has long pioneered nationality policies. It was France that first made the parent’s nationality the child’s birthright, regardless of whether the child is born on national soil, and France has changed its nationality laws more often and more significantly than any other modern democratic nation. Focusing on the political and legal confrontations that policies governing French nationality have continually evoked and the laws that have resulted, Weil teases out the rationales of lawmakers and jurists. In so doing, he definitively separates nationality from national identity. He demonstrates that nationality laws are written not to realize lofty conceptions of the nation but to address specific issues such as the autonomy of the individual in relation to the state or a sudden decline in population. Throughout How to Be French, Weil compares French laws to those of other countries, including the United States, Great Britain, and Germany, showing how France both borrowed from and influenced other nations’ legislation. Examining moments when a racist approach to nationality policy held sway, Weil brings to light the Vichy regime’s denaturalization of thousands of citizens, primarily Jews and anti-fascist exiles, and late-twentieth-century efforts to deny North African immigrants and their children access to French nationality. He also reveals stark gender inequities in nationality policy, including the fact that until 1927 French women lost their citizenship by marrying foreign men. More than the first complete, systematic study of the evolution of French nationality policy, How to be French is a major contribution to the broader study of nationality.

Nationality in the Making since 1789

How to Be French

Present-day Americans feel secure in their citizenship: they are free to speak up for any cause, oppose their government, marry a person of any background, and live where they choose—at home or abroad. Denaturalization and denationalization are more often associated with twentieth-century authoritarian regimes. But there was a time when American-born and naturalized foreign-born individuals in the United States could be deprived of their citizenship and its associated rights. Patrick Weil examines the twentieth-century legal procedures, causes, and enforcement of denaturalization to illuminate an important but neglected dimension of Americans' understanding of sovereignty and federal authority: a citizen is defined, in part, by the parameters that could be used to revoke that same citizenship. The Sovereign Citizen begins with the Naturalization Act of 1906, which was intended to prevent realization of citizenship through fraudulent or illegal means. Denaturalization—a process provided for by one clause of the act—became the main instrument for the transfer of naturalization authority from states and local courts to the federal government. Alongside the federalization of naturalization, a conditionality of citizenship emerged: for the first half of the twentieth century, naturalized individuals could be stripped of their citizenship not only for fraud but also for affiliations with activities or organizations that were perceived as un-American. (Emma Goldman's case was the first and perhaps best-known denaturalization on political grounds, in 1909.) By midcentury the Supreme Court was fiercely debating cases and challenged the constitutionality of denaturalization and denationalization. This internal battle lasted almost thirty years. The Warren Court's eventual decision to uphold the sovereignty of the citizen—not the state—secures our national order to this day. Weil's account of this transformation, and the political battles fought by its advocates and critics, reshapes our understanding of American citizenship.

Denaturalization and the Origins of the American Republic

The Sovereign Citizen

Andreas Fahrmeir

Olivier Faron

The migration movements of the 20th century have led to an increased interest in similarly dramatic population changes in the preceding century. The contributors to this volume - legal scholars, sociologists, political scientist and historians - focus on migration control in the 19th century, concentrating on three areas in particular: the impact of the French Revolution on the development of modern citizenship laws and on the development of new forms of migration control in France and elsewhere; the theory and practice of migration control in various European states is examined, focusing on the control of paupers, emigrants and ordinary travelers as well as on the interrelationship between the different administrative levels - local, regional and national - at which migration control was exercised. Finally, on the development of migration control in two countries of immigration: the United States and France. Taken altogether, these essays demonstrate conclusively that the image of the 19th century as a liberal era during which migration was unaffected by state intervention is untenable and in serious need of revision.

The Evolution of State Practices in Europe and the United States from the French Revolution to the Inter-war Period

Migration Control in the North Atlantic World

Cette enquête historique, aujourd'hui refondue et mise à jour, est, depuis sa parution, l'ouvrage de référence. Il traite d'un problème clé de l'histoire contemporaine de la France, à l'heure où l'Europe, vieillissante, se pose la question de rouvrir ses frontières à des flux d'immigrations professionnellement sélectionnées. A l'encontre d'un lieu commun constamment propagé, Patrick Weil prouve que la France a une politique de l'immigration, constituée progressivement à partir de la fin des années trente autour de grands choix, puis définitivement arrêtée à la Libération. Mais les principes, consensuels, qui la fondent demeurent cachés au grand public pour des raisons politiques. Ils singularisent néanmoins la France parmi ses principaux partenaires occidentaux.

l'aventure d'une politique de l'immigration de 1938 à nos jours

La France et ses étrangers

Stéphane Dufoix

Marie-Claude Blanc-Chaléard

L'étranger en questions du Moyen Age à l'an 2000

Communications sur les enjeux sociaux, politiques et scientifiques de l'héritage de l'esclavage et de l'émancipation, de la colonisation et de la décolonisation en Europe et en Amérique. Les politiques de la mémoire et de la réparation sont également abordées.

Patrick Weil

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