Jump to ContentJump to Main Navigation
Exceptional StatesChinese Immigrants and Taiwanese Sovereignty$
Users without a subscription are not able to see the full content.

Sara L. Friedman

Print publication date: 2015

Print ISBN-13: 9780520286221

Published to California Scholarship Online: September 2016

DOI: 10.1525/california/9780520286221.001.0001

Show Summary Details
Page of

PRINTED FROM CALIFORNIA SCHOLARSHIP ONLINE (www.california.universitypressscholarship.com). (c) Copyright University of California Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in CALSO for personal use (for details see www.california.universitypressscholarship.com/page/535/privacy-policy-and-legal-notice).date: 10 December 2018

Exceptional Legal Subjects

Exceptional Legal Subjects

(p.81) Three Exceptional Legal Subjects
Exceptional States

Sara L. Friedman

University of California Press

This chapter traces the development of immigration laws and policies that defined mainland Chinese as exceptional legal subjects in Taiwan. Because mainland Chinese could not be slotted easily into a recognizable category of other, the legal classifications developed in response to migration flows from China diverged from Taiwan’s existing legal system and its recognized categories of citizen, national, and foreigner. The chapter examines the effects of this law and policy regime on state-sovereignty struggles and immigrant-rights campaigns. By creating an anomalous legal armature that rested uneasily on distinctions among and within categories of citizens and foreigners, the Taiwanese government risked undoing its own efforts to use law and immigration policy to assert Taiwan’s sovereign standing among a community of like-minded nation-states committed to democracy and human rights. Similarly, when NGO activists mobilize discourses of human rights to advocate for immigrant rights, they often fail to achieve their objectives, because they cannot resolve the anomalous legal status of mainland Chinese immigrants.

Keywords:   immigration law, immigration policy, human rights, NGOs, immigrant rights, legal categories

California Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.