作为跨国法律主体的非法和不可迁移移民

Q2 Social Sciences

Transnational Legal Theory Pub Date : 2021-07-03 DOI:10.1080/20414005.2021.2006029

G. Fabini

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引用次数: 0

摘要

边境管制机制具有跨国性，各种法律和规范性命令影响着规范制定过程。未经授权的移民在接收社会中的存在表明，地方、国家、超国家、区域法律和规范程序的相互作用产生了新形式的规范性。如果我们将非法和不可迁移的移民视为跨地方的法律主体，他们能够通过作为流动主体的存在来改变规范体系的运作，那么边境控制机制就可以得到更好的理解。本文通过对博洛尼亚（意大利）警察与非法和不可迁移移民之间互动的案例研究，实证评估了边境管制领域的跨地方合法性，并展示了这些遭遇如何挑战基于主权权威逻辑的法律理念，同时为可能的治理开辟了新的空间。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Illegalised and undeportable migrants as translocal legal subjectivities

ABSTRACT The mechanisms of border control display a transnational dimension, in which a variety of legal and normative orders affect the norm-making processes. The presence of unauthorised migrants in receiving societies reveals the emergence of new forms of normativity, produced by the interactions of local, national, supra-national, regional legal and normative processes. Mechanisms of border control can be better understood if we look at illegalised and undeportable migrants as translocal legal subjectivities, who are able to change the functioning of normative systems through their very existence as mobile subjects. Drawing from a case study of the interaction between the police and illegalised and undeportable migrants in Bologna (Italy), this article empirically assesses translocal legalities in the field of border control, and demonstrates how these encounters challenge an idea of law as based in the logic of sovereign authority, while opening new spaces of possible governance.

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来源期刊

Transnational Legal Theory Social Sciences-Law

CiteScore

2.10

自引率

0.00%

发文量

期刊介绍： The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.