The research project is concerned with the legal history of migration and aims at deeply analysing the role played by legal culture, practices, customary laws, and legislations in shaping and governing migration flows between the 19th and 20th centuries. Comparative legal history and global legal history will provide the heuristic tools to develop the research, which will be based on different kind of sources (archival documents, special courts’ decisions, diplomatic materials, legal journals and books, international treaties) and will be focused on countries of departure and destination both in Western and Eastern regions. Confronted with mass migration, Western legal culture was forced to rethink concepts and institutions suitable for dealing with individual mobility but not with groups: new disciplines were created (international labour law, international migration law) to regulate a problem that clearly overcame state territorial sovereignty and national legislations; legal notions such as border, citizenship and principle of territoriality, undesirable alien, illegal and criminal alien, were necessarily revised; special jurisdiction and administrative bodies were created to govern and control this new complex social phenomenon.
Legal History and Mass Migration: Integration, Exclusion, and Criminalization of Migrants in the 19th and 20th Century / Rotondo, Francesco. - (2019). (Intervento presentato al convegno Legal History and Mass Migration: Integration, Exclusion, and Criminalization of Migrants in the 19th and 20th Century. nel 2019).
Legal History and Mass Migration: Integration, Exclusion, and Criminalization of Migrants in the 19th and 20th Century.
Francesco RotondoMembro del Collaboration Group
2019
Abstract
The research project is concerned with the legal history of migration and aims at deeply analysing the role played by legal culture, practices, customary laws, and legislations in shaping and governing migration flows between the 19th and 20th centuries. Comparative legal history and global legal history will provide the heuristic tools to develop the research, which will be based on different kind of sources (archival documents, special courts’ decisions, diplomatic materials, legal journals and books, international treaties) and will be focused on countries of departure and destination both in Western and Eastern regions. Confronted with mass migration, Western legal culture was forced to rethink concepts and institutions suitable for dealing with individual mobility but not with groups: new disciplines were created (international labour law, international migration law) to regulate a problem that clearly overcame state territorial sovereignty and national legislations; legal notions such as border, citizenship and principle of territoriality, undesirable alien, illegal and criminal alien, were necessarily revised; special jurisdiction and administrative bodies were created to govern and control this new complex social phenomenon.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.