Suchergebnisse

'Law and anthropology' as interdisciplinary encounter : towards multi-sited, situated knowledge production / Larissa Vetters and Alice Margaria -- Law is a multilevel cultural universal : the theorical achievements of Leopold Pospisil's anthropology of law : a comparative theory / James Donovan and Tomáš Ledvinka -- Law's boundaries : Barbara Yngvesson's virtuous citizens, disruptive subjects and the construction of community in the margins of law / Susan Bibler-Coutin -- Unveiling 'everyday harm' : Mindie Lazarus-Black's domestic violence, court rites, and cultures of reconciliation / Ramona Biholar -- The European Court of Human Rights, upending migrant rights : on Marie-Bénédicte Dembour's When humans become migrants / Moritz Baumgärtel -- Challenging the depiction of black families under welfare legislation in the USA : Carol Stack on all our kin / Anne Griffiths -- Constitutional law as moral insurgency? reflections on Kalpana Kannabiran's tools of justice / Sandhya Fuchs -- A shout in the cathedral : Elizabeth Mertz' Language of law school / Riaz Tejani -- Turning legal doctrine inside out : Susanne Baer's The citizen in administrative law / Larissa Vetters -- The moving of children, the travelling of law : Howell's The kinning of foreigners / Nola Cammu -- A French private international law perspective on 'alterity' : Horatia Muir Watt's Discours sur les méthodes du droit international privé (des formes juridiques de l'interaltérité) / Sandrine Brachotte.

In the past decade or so, vulnerability has become a fairly prominent concept in human rights law. It has evolved from being an underlying notion to an explicit concept. This column takes stock of vulnerability's relationship to, and possible influence on human rights law, assessing the concept's potential and pitfalls. It focuses on the not altogether unrelated issues of migrants' social rights and on the role of human rights in environmental protection. The discussion commences with a reflection on the potential of vulnerability to re-interrogate those aspects of the human rights paradigm that relate to environmental protection. The next section focuses on the potential of vulnerability to enhance migrants' social rights within human rights law. Subsequently, it focuses on the pitfalls and the difficulties of the vulnerability concept. It concludes by offering an outlook for the future of the concept.

In recent years, local authorities in Europe have increasingly developed bordering practices that hinder or further migrant rights, such as the freedom of movement. They bypass national borders by facilitating refugee resettlement, they claim local space to welcome or shun certain migrants, and they develop or break down local impediments to migrant mobility. These local practices, we argue, can best be understood from a multiscalar perspective, which considers processes of placemaking as reproductive of power dynamics. Applying such a perspective to local bordering practices in Greece, Turkey, the Netherlands, Italy, and Germany, we point out the importance of the multitude of the actors involved; legal pluralism; and the contextual role of social, economic, and spatial factors. This offers a theoretical foothold for understanding the power dynamics at play when local authorities become bastions or bulwarks, in which some migrants are welcomed, and others are not.

AbstractThis article classifies and theorizes the strategies of divergence that local authorities employ when confronting the discretionary spaces offered by domestic migration law. We propose a distinction between strategies that are either within or outside the perceived boundaries of the law and those that adopt an explicit or an implicit approach to positioning, thus harnessing or downplaying the communicative potential of the law. Based thereon, we introduce a fourfold typology of strategies of divergences that include defiance, dodging, deviation, and dilution. This typology was developed and refined based on field research in local authorities in Greece, Turkey, Italy, and The Netherlands. The case material also leads us into a preliminary exploration of which types of cities and conditions may lead to the adoption of one strategy over another. As such, this article draws attention to the relevance of law within multi-level migration governance and to the meaning of legal ambiguity and discretion as shaped by law and legal interpretation. The strategies of divergence that mould discretionary spaces, in turn, either mitigate or exacerbate legal uncertainty and should be considered a significant factor to account for change in migration governance.

In recent years, local authorities in Europe have increasingly developed bordering practices that hinder or further migrant rights, such as the freedom of movement. They bypass national borders by facilitating refugee resettlement, they claim local space to welcome or shun certain migrants, and they develop or break down local impediments to migrant mobility. These local practices, we argue, can best be understood from a multiscalar perspective, which considers processes of placemaking as reproductive of power dynamics. Applying such a perspective to local bordering practices in Greece, Turkey, the Netherlands, Italy, and Germany, we point out the importance of the multitude of the actors involved; legal pluralism; and the contextual role of social, economic, and spatial factors. This offers a theoretical foothold for understanding the power dynamics at play when local authorities become bastions or bulwarks, in which some migrants are welcomed, and others are not.