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Law and Asylum: Space, Subject, Resistance: Law and Migration

Autor Simon Behrman
en Limba Engleză Hardback – 19 iun 2018
In contrast to the claim that refugee law has been a key in guaranteeing a space of protection for refugees, this book argues that law has been instrumental in eliminating spaces of protection, not just from one’s persecutors but also from the grasp of sovereign power. By uncovering certain fundamental aspects of asylum as practised in the past and in present day social movements, namely its concern with defining space rather than people and its role as a space of resistance or otherness to sovereign law, this book demonstrates that asylum has historically been antagonistic to law and vice versa. In contrast, twentieth-century refugee law was constructed precisely to ensure the effective management and control over the movements of forced migrants. To illustrate the complex ways in which these two paradigms – asylum and refugee law – interact with one another, this book examines their historical development and concludes with in-depth studies of the Sanctuary Movement in the United States and the Sans-Papiers of France.
The book will appeal to researchers and students of refugee law and refugee studies; legal and political philosophy; ancient, medieval and modern legal history; and sociology of political movements.
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Specificații

ISBN-13: 9781138304178
ISBN-10: 1138304174
Pagini: 298
Dimensiuni: 156 x 234 x 23 mm
Greutate: 0.57 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Law and Migration

Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate

Cuprins

Introduction; Part I – The Space of Asylum; 1: The Rise and Fall of Asylum in Antiquity; 2: Sanctuary in England; Part II – The Creation of the Refugee Subject; 3: The Nation-State Origins of Refugee Law; 4: The Evolution and Impact of International Refugee Law; Part III – Resistance: Grassroots Asylum; 5: The US Sanctuary Movement; 6: The Sans-Papiers; Conclusion;

Notă biografică

Simon Behrman is lecturer in law at Royal Holloway, University of London.

Recenzii

'Behrman has produced a fascinating, ambitious and wide-ranging book that explores sanctuary and asylum from various perspectives. At a moment when asylum seems under threat, this timely analysis reminds us of the importance of history but, crucially, challenges the role of law in protecting forced migrants and providing solutions.'Dallal Stevens, University of Warwick, UK
'Refugee law as protection? Think again. Taking us through Agamben and Rancière and from the Antiquity to the development of Christian thought to the sanctuary movement in the US and sans papers resistance in France, the author demonstrates how the legal paradigm threatens or even erases the practice of asylum. Erudite, clear and compelling.'
Marie-Bénédicte Dembour, University of Brighton, UK
'Why are refugees so often seen as intruders into societies in which they seek safety and security? This book provides important insights into the role of law in the ideology and practice of exclusion. It is a valuable resource for those who wish to understand the predicaments of refugees in the 21st century.'
Philip Marfleet, University of East London, UK
`In this work Behrman offers a much needed refreshingly critical, historically grounded and theoretically rich reading of international refugee law. Its ground-breaking argument is that refugee law and rights are contributing to decreasing spaces of protection for refugees and limiting the scope for activist responses to people in flight of persecution. Scholars, students, activists and practitioners have much to gain from reading this book.’
Nadine El-Enany, Birkbeck School of Law, UK

Descriere

In contrast to the claim that refugee law has been key in guaranteeing protection for refugees, this book argues that law has been instrumental in eliminating spaces of protection, not just from one’s persecutors, but also from the grasp of sovereign power. By uncovering certain fundamental aspects of asylum as practised in the past and in present day social movements, this work demonstrates that asylum has historically been antagonistic to law, and vice versa. To illustrate the complex ways in which these two paradigms – asylum and refugee law – interact with one another, the book examines the Sanctuary Movement in the US and the Sans-Papiers of France.