Race, Ethnicity, Nationality and the Law: Legal Paradoxes in Conceptualization and Operationalization...

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András L. Pap

Race, Ethnicity, Nationality and the Law

Legal Paradoxes in Conceptualization and Operationalization

András L. Pap

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Hardback

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English

Routledge
05 September 2025

History; Jurisprudence & philosophy of law; Legal history; International human rights law; Constitutional & administrative law

This book provides a complex insight into how law, as a distinct tool and technology, conceptualizes and operationalizes race, ethnicity and nationality. The focus of the comparative project, by bringing examples from five continents and scores of jurisdictions, as well as showcases for hybrid, intersectional groups, is specifically the morphology and dynamics of legal categorization. Separate discussions concentrate on conceptualizing groupness and membership, as well as agency and contestation. The book shows that although identity politics has dominated recent decades, ethno-racial self-identification is not the only operationalizing model legal regimes apply, especially with the recent boost in artificial intelligence (AI), and bio-genetic research. Examples for the “re-biologization” of ethno-racial conceptualization are brought from a wide range of legal regimes, including citizenship, anti-discrimination, asylum, and Indigenous law. The work provides a journey through the administrative-political construction and contestation of ethno-racial classifications, with particular attention paid to the concepts of free choice of identity, covering, and fraud, as well as the arbitrariness, the historical path dependence, and the role of merit in conceptualization. While the starting point of the book is to capture ethnicity as a category of law, it shows how legal conceptualization and operationalization are intertwined with categories of analysis and experience. The methodology applied is comparative constitutional and international law, but the research will have wider interdisciplinary appeal offering a novel perspective for a broad audience in social sciences and humanities.

By: András L. Pap
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 830g
ISBN: 9781032875774
ISBN 10: 1032875771
Pages: 352
Publication Date: 05 September 2025
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

András L. Pap is Research Professor and Head of Department for Constitutional and Administrative Law at the (formerly Hungarian Academy of Sciences) Centre for Social Sciences, Institute for Legal Studies, as well as Professor of Law at the Faculty of Economics at Eötvös University (ELTE) in Budapest, Hungary. For 25 years, until its closing in 2025, he was Adjunct (Recurrent Visiting) Professor in the Nationalism Studies Program at the Central European University (CEU) in Budapest and Vienna.