Journal ArticleDOI
Bordered penality: Precarious membership and abnormal justice:
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TLDR
In this article, the authors bring to attention, and explore, the transformations of criminal justice related to the control of unwanted mobility, looking in particular at recent Norwegian developments and suggest 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.Abstract:
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 ch...read more
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Punishment, globalization and migration control: “Get them the hell out of here"
TL;DR: In this article, the future of punishment in a world shaped by competing and reinforcing forces of globalization and nationalism is considered, and the authors call for a wider conversation about the growing int...
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‘A really hostile environment’: Adiaphorization, global policing and the crimmigration control system:
Ben Bowling,Sophie Westenra +1 more
TL;DR: The authors examines institutional practices designed to control criminalized migrants in the UK and advances three arguments: First, these practices have evolved, since the early 1970s, into a beacons, and second, they have evolved into a
Journal ArticleDOI
Nordic Vagabonds : The Roma and the Logic of Benevolent Violence in the Swedish Welfare State
TL;DR: In Sweden, control of the mobile poor is often driven by the needs and demands of the welfare state itself and follows a different logic outside the neoliberal paradigm as discussed by the authors, by examining the case of th...
Journal ArticleDOI
Penal power at the border : Realigning state and nation
TL;DR: Penal power at the border relies on coercive tools such as expulsion, eviction, criminalization, and penalization to respond to mass mobility, which is perceived to be a social threat rather than a...
Journal ArticleDOI
Legal Control of Marginal Groups
TL;DR: The legal control of marginal groups is a central topic in social scientific and legal research as discussed by the authors, and the most influential research produced over the past two decades, as well as a broad collection of foundational and exemplary texts, have been examined.
References
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Book
The Culture of Control: Crime and Social Order in Contemporary Society
TL;DR: A history of modern criminal justice and the Penal-Welfare state can be found in this paper, with a focus on the culture of high crime and the New Culture of Crime Control.
Book
Punishing the Poor: The Neoliberal Government of Social Insecurity
TL;DR: The punitive turn of penal policy in the United States after the acme of the Civil Rights movement responds not to rising criminal insecurity but to the social insecurity spawned by the fragmentation of wage labor and the shakeup of the ethnoracial hierarchy.
Book
State of Exception
TL;DR: Agamben's "Homo Sacer: Sovereign Power and Bare Life, State of Exception" is the first book to theorize the state of exception in historical and philosophical context as mentioned in this paper.
MonographDOI
The rights of others : aliens, residents, and citizens
TL;DR: In this article, the authors reread Kant's cosmopolitan doctrine and the right to have rights and the contradictions of the nation-state in the case of the European Union, and the law of peoples, distributive justice and migrations.