Immigration Detention and the Territoriality of Universal Rights

Cornelisse, G.N.

doi:10.1215/9780822391340-004

Cited by 24 publications

(3 citation statements)

References 209 publications

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“…While the examples above reveal the centrality of citizenship for the domestic penal order (see also Bosworth and Guild, 2008), it is important to keep in mind that citizenship is, in its essence, a global regulatory technique. Bordered penality is an expression of a normative ideal – the sovereign territorial ideal (Cornelisse, 2010: 108) – which mobilizes national and international policing efforts towards the ‘compulsory allocation of subjects to their proper sovereigns’ (Walters, 2010: 90). Through the centrality of citizenship, domestic penality becomes part of the global mobility regime (Aas, 2013; Dauvergne, 2008; Guild, 2009), and is inscribed with the unequal global geopolitical relations.…”

Section: Membership Boundaries and The Northern Penal Statementioning

confidence: 99%

Bordered penality: Precarious membership and abnormal justice

Franko

2014

Punishment & Society

145

176

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The article brings to attention, and explores, the transformations of criminal justice related to the control of unwanted mobility, looking in particular at recent Norwegian developments. It maps a gradual emergence of a differentiated, two-tier approach to criminal justice and a more exclusionary penal culture directed at non-citizens. The article suggests that the absence of formal membership is the essential factor contributing towards shifting the nature of penal intervention from reintegration into the society towards deportation and territorial exclusion, and towards the development of a particular form of penality, termed hereby bordered penality. The lack of formal citizenship status also crucially affects the procedural and substantive standards of justice afforded to non-members. While these developments are not confined to Norway alone, they cast doubt on the non-punitive image that is widely attributed to Scandinavian countries, and present a set of conceptual, epistemological and normative challenges for criminal justice in a rapidly globalizing world.

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Section: Membership Boundaries and The Northern Penal Statementioning

confidence: 99%

Bordered penality: Precarious membership and abnormal justice

Franko

2014

Punishment & Society

145

176

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“…Once the state finds itself caught between these two poles—the desire to fill gaps in the labor market with regular migrants on the one hand, and the demands placed upon it by a hostile general public anxious to exclude irregular migrants on the other—the detention, encampment, and expulsion of aliens presents itself as a political solution par excellence . The use of immigrant detention is thus an example of a Foucauldian security apparatus, one that also underlines and reinforces the logic of territoriality that underpins and drives the modern state (Cornelisse, 2010). 5…”

Section: From Emergency Politics To the Politics Of Crisis Containmentmentioning

confidence: 99%

To lose one’s home in the world: The injustice of immigrant detention

French

2015

Journal of International Political Theory

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Forced outside of the system of modern nation-states into a regime of detention and deportation, immigrant detainees suffer an injustice that is not easily or adequately captured by the familiar vocabulary offered by contemporary liberalism. In this article, I propose an alternative strategy for articulating the kinds of injustice that these individuals suffer. I argue that the idea of metaphysical homelessness—a notion that I recover through a reading of the work of Martin Heidegger—offers a useful theoretical lens with which to identify the kinds of harms perpetrated against immigrant detainees. Purged from the polis and shuttled instead into the realm of police, they are deprived of a home in the world. This strategy is deployed as part of what I call a politics of crisis containment, a kind of politics that ensues when states find themselves confronted by troublesome individuals whose presence is deemed a threat to the existence of the community.

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“…Departing from Giorgio Agamben's (1998) theorisation of the sovereign-power/camps/ homo sacer triad, the present article will look at the way in which detainees have constructed and articulated dissent. In particular, it will investigate the way in which detainees claim their right to a political and meaningful life against bare life and dehumanising processes (see also Benhabib, 2004; Bosworth, 2011a; 2011b; Cornelisse, 2010). The camp is thus understood not exclusively as a space where the violence against the Other is acted and legitimised by sovereign power, but also as a space of dissent and contestation.…”

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confidence: 99%

Against Camps' Violence: Some Voices on Italian Holding Centres

Puggioni

2013

Political Studies

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The present article looks at the politics of the camp and investigates the way in which detainees claim their right to a political and meaningful life against bare life. The question I look at is whether bare life might be resisted from within camps and how this resistance should be conceptualised. How are we to judge resistance? According to the modalities through which resistance is enacted? Or according to the subjects involved in those acts? Or indeed according to (political) outcomes? This article starts by scrutinising Agamben's Homo Sacer and its understanding of camp and bare life. It claims that more attention should be given to the way in which acts of open dissent blend with coping strategies, to the point of making some dissenting acts almost imperceptible. Special attention is given to the concept of dailiness, as articulated in the work of De Certeau, Scott and Bleiker, as well as to Isin's concept of ‘acts of citizenship’ and to the way in which such acts are performed in an attempt to disrupt sovereign violence.

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Immigration Detention and the Territoriality of Universal Rights

Cited by 24 publications

References 209 publications

Bordered penality: Precarious membership and abnormal justice

Bordered penality: Precarious membership and abnormal justice

To lose one’s home in the world: The injustice of immigrant detention

Against Camps' Violence: Some Voices on Italian Holding Centres

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