Download or read book Legality s Borders written by Keith Culver and published by Oxford University Press. This book was released on 2010-03-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.
Download or read book Illegal Traveller written by S. Khosravi and published by Springer. This book was released on 2010-04-14 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on fieldwork among undocumented immigrants and asylum seekers Illegal Traveller offers a narrative of the polysemic nature of borders, border politics, and rituals and performances of border-crossing. Interjecting personal experiences into ethnographic writing it is 'a form of self-narrative that places the self within a social context'.
Download or read book Legal Borderlands written by Mary L. Dudziak and published by Special Issue of American Quar. This book was released on 2006-05-08 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Legality s Borders written by Keith Culver and published by Oxford University Press, USA. This book was released on 2010-04-08 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterize in terms of the kinds of norms they use rather than their content or system-membership.
Download or read book No One Is Illegal written by Justin Akers Chacn and published by Haymarket Books. This book was released on 2017-01-15 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: No One Is Illegal debunks the leading ideas behind the often-violent right-wing backlash against immigrants.
Download or read book The Borders of Punishment written by Katja Franko Aas and published by OUP Oxford. This book was released on 2013-07-11 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Borders of Punishment: Migration, Citizenship, and Social Exclusion critically assesses the relationship between immigration control, citizenship, and criminal justice. It reflects on the theoretical and methodological challenges posed by mass mobility and its control and for the first time, sets out a particular sub-field within criminology, the criminology of mobility. Drawing together leading international scholars with newer researchers, the book systematically outlines why criminology and criminal justice should pay more attention to issues of immigration and border control. Contributors consider how 'traditional' criminal justice institutions such as the criminal law, police, and prisons are being shaped and altered by immigration, as well as examining novel forms of penality (such as deportation and detention facilities), which have until now seldom featured in criminological studies and textbooks. In so doing, the book demonstrates that mobility and its control are matters that ought to be central to any understanding of the criminal justice system. Phenomena such as the controversial use of immigration law for the purposes of the war on terror, closed detention centres, deportation, and border policing, raise in new ways some of the fundamental and enduring questions of criminal justice and criminology: What is punishment? What is crime? What should be the normative and legal foundation for criminalization, for police suspicion, for the exclusion from the community, and for the deprivation of freedom? And who is the subject of rights within a society and what is the relevance of citizenship to criminal justice?
Download or read book Beyond National Borders written by Sigrun Skogly and published by Intersentia nv. This book was released on 2006 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within and outside the legal and academic professions, it is now increasingly recognised that the human rights consequences of states' actions are not limited to the domestic sphere but quite often transcend national borders. This is a challenge to the human rights community, which up to the present time has focused almost exclusively on human rights violations and protections solely within a national setting. The term "extraterritorial" effect/application/obligation in international law refers to acts that are taken by one actor (state) that have some kind of effect within another country's territory, with or without this second country's implicit or explicit agreement. Extraterritoriality within international human rights law, then, concerns actions or omissions by one state that have an effect on the human rights of individuals in another state - with or without this other state's agreement. This effect may be positive or negative in that such actions or omissions by foreign states may contribute positively to the enjoyment of human rights; or alternatively, they may result in a deteriorated human rights situation, and even human rights violations. This book gives, for the first time, a comprehensive analysis of extraterritorial obligations in international human rights law by placing the discussion in a larger international law context, interpreting obligations in the various sources of international human rights law, and discussing the way in which extraterritoriality has been approached by international courts and human rights implementation bodies in the United Nations and regional systems.
Download or read book The Significance of Borders written by Thierry Baudet and published by . This book was released on 2012 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why supranationalism and multiculturalism are in fact irreconcilable with representative government and the rule of law. It challenges one of the most central beliefs in contemporary legal and political philosophy, which is that borders are bound to disappear.
Download or read book In Search of Europe s Borders written by Kees Groenendijk and published by BRILL. This book was released on 2021-12-28 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Borders define territories within which identities and order are described and delineated. The triptych of indentities, borders and orders is central to understanding the nature of sovereignty and the relations between countries. Nowhere is this more apparent than in the European Union. The changing definition and placement of the border is one of the most striking features of the recent transformations of the Union. The definition of what a border is and where it is for persons has moved out of the territory of national sovereignty and has become the preserve in law of the European Community. The enlargement of the European Union towards the countries of Central and Eastern Europe has created new challenges for the concept of borders in the EU. This volume examines the extent of the Community power and the legal meaning of the EU's borders, as well as the ways to control (or not) the movement of persons across borders. It considers the legal texts - EC law on visas, the Regulations on visas, the meaning of borders for persons in Community Law, the Schengen acquis and its incorporation into the EC Treaty (and where appropriate the TEU); national practice and its transformation with the insertion of the private sector's responsibility for the control of borders and judicial control. The point of departure is the perspective of the individual who is seeking to cross these borders.
Download or read book The Interplay of Borders Turf Cyberspace and Jurisdiction Issues Confronting U S Law Enforcement written by Kristin M. Finklea and published by Createspace Independent Pub. This book was released on 2012-08-02 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Savvy criminals constantly develop new techniques to target U.S. persons, businesses, and interests. Individual criminals as well as broad criminal networks exploit geographic borders, criminal turf, cyberspace, and law enforcement jurisdiction to dodge law enforcement countermeasures. Further, the interplay of these realities can potentially encumber policing measures. In light of these interwoven realities, policy makers may question how to best design policies to help law enforcement combat ever-evolving criminal threats. Criminals routinely take advantage of geographic borders. They thrive on their ability to illicitly cross borders, subvert border security regimens, and provide illegal products or services. Many crimes—particularly those of a cyber nature—have become increasingly transnational. While criminals may operate across geographic borders and jurisdictional boundaries, law enforcement may not be able to do so with the same ease. Moreover, obstacles such as disparities between the legal regimens of nations (what is considered a crime in one country may not be in another) and differences in willingness to extradite suspected criminals can hamper prosecutions. The law enforcement community has, however, expanded its working relationships with both domestic and international agencies. Globalization and technological innovation have fostered the expansion of both legitimate and criminal operations across physical borders as well as throughout cyberspace. Advanced, rapid communication systems have made it easier for criminals to carry out their operations remotely from their victims and members of their illicit networks. In the largely borderless cyber domain, criminals can rely on relative anonymity and a rather seamless environment to conduct illicit business. Further, in the rapidly evolving digital age, law enforcement may not have the technological capabilities to keep up with the pace of criminals. Some criminal groups establish their own operational “borders” by defining and defending the “turf” or territories they control. Similarly, U.S. law enforcement often remains constrained by its own notions of “turf”—partly defined in terms of competing agency-level priorities and jurisdictions. While some crimes are worked under the jurisdiction of a proprietary agency, others are not investigated under such clear lines. These investigative overlaps and a lack of data and information sharing can hinder law enforcement anti-crime efforts. U.S. law enforcement has, particularly since the terrorist attacks of September 11, 2001, increasingly relied on intelligence-led policing, enhanced interagency cooperation, and technological implementation to confront 21st century crime. For instance, enforcement agencies have used formal and informal interagency agreements as well as fusion centers and task forces to assimilate information and coordinate operations. Nonetheless, there have been notable impediments in implementing effective information sharing systems and relying on up-to-date technology. Congress may question how it can leverage its legislative and oversight roles to bolster U.S. law enforcement's abilities to confront modern-day crime. For instance, Congress may consider whether federal law enforcement has the existing authorities, technology, and resources—both monetary and manpower—to counter 21st century criminals (particularly cybercriminals, e.g., S. 2105, S. 3414). Congress may also examine whether federal law enforcement is utilizing existing mechanisms to effectively coordinate investigations and share information.
Download or read book Privatising Border Control written by and published by Oxford University Press. This book was released on 2022-11-07 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, many breaches of immigration law have been criminalised. Foreign nationals are now routinely identified in court and in prison as subjects for deportation. Police at the border and within the territory refer foreign suspects to immigration authorities for expulsion. Within the immigration system, new institutions and practices rely on criminal justice logic and methods. In these examples, it is not the state that controls the national border: instead, it is often privately contracted companies. This collection of essays explores the growing use of the private sector and private actors in border control and its implications for our understanding of state sovereignty and citizenship. Privatising Border Control is an important empirical and theoretical contribution to the growing, interdisciplinary body of scholarship on border control. It also contributes to the academic inquiry into the growing privatisation of policing and punishment. These domains, once regarded as central to the state's police power and its monopoly on violence, are increasingly outsourced to private providers. With contributions from scholars across a range of jurisdictions and disciplines, including Criminology, Law, and Political Science, Privatising Border Control provides a novel and comparative account of contemporary border control policy and practice. This is a must-read for academics, practitioners, and policymakers interested in immigration law and the growing use of the private sector and private actors in border control.
Download or read book Courts Without Borders written by Tonya Lee Putnam and published by . This book was released on 2016 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Courts Without Bordersis the first book to examine the politics of judicial extraterritoriality, with a focus on the world's chief practitioner: the United States. For much of the post-World War II era, the United States has been a frequent yet selective regulator of activities outside its territory, and US federal courts are often on the front line in deciding the extraterritorial reach of US law. At stake in these jurisdiction battles is the ability to bring the regulatory power of the United States to bear on transnational disputes in ways that other states frequentlydislike both in principle and in practice. This volume proposes a general theory of domestic court behaviorto explain variations in extraterritorial enforcement of US law,emphasizing how the strategic behavior of private actors is important to mobilizing courts and in directing their activities"--
Download or read book The INS on the Line written by S. Deborah Kang and published by Oxford University Press. This book was released on 2017 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: "For much of the twentieth century, Immigration and Naturalization Service (INS) officials recognized that the US-Mexico border region was a special case. Here, the INS confronted a set of political, social, and environmental obstacles that prevented it from replicating its achievements at the immigration stations of Angel Island and Ellis Island. In response to these challenges, local INS officials resorted to the law--amending, nullifying, and even rewriting the nation's immigration laws for the borderlands, as well as enforcing them. In The INS on the Line, S. Deborah Kang traces the ways in which the INS on the US-Mexico border made the nation's immigration laws over the course of the twentieth century. While the INS is primarily thought to be a law enforcement agency, Kang demonstrates that the agency also defined itself as a lawmaking body. Through a nuanced examination of the agency's admission, deportation, and enforcement practices in the Southwest, she reveals how local immigration officials constructed a complex approach to border control, one that closed the line in the name of nativism and national security, opened it for the benefit of transnational economic and social concerns, and redefined it as a vast legal jurisdiction for the policing of undocumented immigrants. Despite its contingent and local origins, this composite approach to border control, Kang concludes, continues to inform the daily operations of the nation's immigration agencies, American immigration law and policy, and conceptions of this border today"--
Download or read book Beyond the Borders of the Law written by Katrina Jagodinsky and published by University Press of Kansas. This book was released on 2018-09-19 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the American imagination “the West” denotes a border—between civilization and wilderness, past and future, native and newcomer—and its lawlessness is legendary. In fact, there was an abundance of law in the West, as in all borderland regions of vying and overlapping claims, jurisdictions, and domains. It is this legal borderland that Beyond the Borders of the Law explores. Combining the concepts and insights of critical legal studies and western/borderlands history, this book demonstrates how profoundly the North American West has been, and continues to be, a site of contradictory, overlapping, and overreaching legal structures and practices steeped in articulations of race, gender, and power. The authors in this volume take up topics and time periods that include Native history, the US-Canada and US-Mexico borders, regions from Texas to Alaska and Montana to California, and a chronology that stretches from the mid-nineteenth century to the near-present. From water rights to women’s rights, from immigrant to indigenous histories, from disputes over coal deposits to child custody, their essays chronicle the ways in which marginalized westerners have leveraged and resisted the law to define their own rights and legacies. For the authors, legal borderlands might be the legal texts that define and regulate geopolitical borders, or they might be the ambiguities or contradictions creating liminal zones within the law. In their essays, and in the volume as a whole, the concept of legal borderlands proves a remarkably useful framework for finally bringing a measure of clarity to a region characterized by lawful disorder and contradiction.
Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Download or read book Courts without Borders written by Tonya L. Putnam and published by Cambridge University Press. This book was released on 2016-08-04 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the US politics and law of judicial extraterritoriality and how it influences international rule making and enforcement.
Download or read book Opening the Floodgates written by Kevin R. Johnson and published by NYU Press. This book was released on 2007 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seeking to re-imagine the meaning and significance of the international border, Opening the Floodgates makes a case for eliminating the border as a legal construct that impedes the movement of people into this country. Open migration policies deserve fuller analysis, as evidenced by President Barack Obama’s pledge to make immigration reform a priority. Kevin R. Johnson offers an alternative vision of how U.S. borders might be reconfigured, grounded in moral, economic, and policy arguments for open borders. Importantly, liberalizing migration through an open borders policy would recognize that the enforcement of closed borders cannot stifle the strong, perhaps irresistible, economic, social, and political pressures that fuel international migration. Controversially, Johnson suggests that open borders are entirely consistent with efforts to prevent terrorism that have dominated immigration enforcement since the events of September 11, 2001. More liberal migration, he suggests, would allow for full attention to be paid to the true dangers to public safety and national security.
