La prospettiva translocale nell'analisi socio-giuridica dei confini

Bibliographic Data

ID21544920
AuthorsGiulia Fabini (corresponding author)
Year2021
Issue3
Pages43-67
Publication date2021-05-01
Open AccessYes
TypeARTICLE
VenueSOCIOLOGIA DEL DIRITTO (JOURNAL)
Journal identifiersISSN: 0390-0851 • E-ISSN: 1972-5760
PublisherFranco Angeli (PUBLISHER)
DOI10.3280/sd2021-003003
OpenAlexW4285469396
LanguageIT
References cited45

In this paper, I will first explain the theoretical concept of “trans-local legalities”, departing from the debate around transnational law, then I will apply it to the socio-legal study of border control. Such concept provides us with a theoretical lens to observe the transformations of law that: a) occur in other sites than the traditional ones of law-making processes, and b) develop from below, namely, from the encounter between local struggles and transnational law. This concept provides thus some tools to rethink the relationship between law and borders. Although illegalised and un-deportable migrants are invisible to law, their very presence in host societies reveals the emer-gence of new forms of normativity, through which these subjectivities are produced, acknowl-edged and regulated, resulting from the intersection between legal and normative processes at the transnational level. This situation raises some crucial questions: what is law when it comes to borders? On what scale does law operate in this field? On what level can law be trans-formed? Is it possible to use law to enhance inclusion

Art · Humanities · Historical and Environmental Studies · Italian Social Issues and Migration · Legal and Labor Studies

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