The Good of Banality? The Emergence of Cost–Benefit Analysis and Proportionality in the Treatment of Aliens in the US and Germany.

In this essay, I argue that the gap between 'citizen' and 'alien' has been shrinking in both American and German law. Despite the recent hostility toward immigrants and aliens in both countries, the longer-term tendency has been to grant aliens greater rights. In part this is because the courts have moved to a more functionalist and prosaic perspective and away from grand theories of citizenship and rights. In part, however, this development also points to the reduction of solidarity within these societies and the decline in the power and viability of citizenship as a political and socioeconomic category. The result has been a gain in 'recognition' but at the expense of 'redistributive' politics. [ABSTRACT FROM AUTHOR]