Legal Migrations, Vulnerability, and Resilience

Страна: США

Город: Atlanta

Тезисы до: 16.09.2016

Даты: 09.12.16 — 10.12.16

Область наук: Юридические; Политология;

Е-мейл Оргкомитета:

Организаторы: Emory University School of Law


This workshop will interrogate the experience of traversing borders between legal forms through the lens of  vulnerability theory. Contemporary legal scholarship most often devotes attention to status categories conceived  as static positions of relative privilege or disadvantage. Vulnerability theory, which challenges the dominant  conception of the universal politico- legal subject as an autonomous, independent, and static adult, shifts us toward  a dynamic lens of analysis.  Vulnerability theory focuses on the evolution of  human needs across a life course,  asking how law does and should respond to dependence and foster resilience over time. The theory recognizes  that human beings are constantly susceptible to change, positive and negative, in our bodily, social, and  environm ental circumstances. This workshop will explore how we might understand the  processes of ‘legal  migration’ as dynamic responses to human and institutional vulnerability.

We are concerned, in particular, with legal migration processes as opportunities to foster resilience. Vulnerability  is both universal and constant. Resilience, by contrast, may be created and fostered by the distribution of assets:  social, political, environmental, economic, and cultural. The workshop asks how law might foster resilience  as  individuals and groups migrate between legal forms. In what ways does this migration foster resilience, reorder  dependencies, or expose different forms of vulnerability? How do “legal migrants” change the institutions and  categories they inhabit?  The a dvent of same- sex marriage, for example, provides the occasion to study the  migration of tens of thousands of couples from civil unions or a status of legal non- recognition to the privileged  status of marriage. We invite scholars to consider multiple exper iences of legal migration: from non -married to  married; child to adult; not guilty to guilty; migrant to asylum seeker and possibly citizen; contractual agents to  partners; union member to sovereign nation.

We encourage participation from scholars in multiple disciplines including law, the social sciences, andhumanities, and welcome papers which address the response to human and institutional vulnerability occasionedby processes of migration. Papers are invited to examine social experience as well as legal formalities, whiletopics may vary widely from transitions in corporate entity or financial institution status (particularly in contextsof economic development or flux); shifts in intellectual property treatment; the migration process of immigrants,asylum seekers, or business entities across sovereign borders; to the criminal justice process. Papers which engagevulnerability theory as a central tool of analysis are most warmly welcomed. Issues For Discussion May Include: - What effect does legal migration have on individuals, groups, or entities, and how do those who  migrate change the institutions and categories they inhabit? - How we might understand the process of ‘legal migration’ itself as a dynamic response to  human and institutional vulnerability?- In what ways does the law fragment the legal and social identities of individuals who occupy  varied status positions? - How does the law respond to individuals and groups engaged in the process of migrating  between legal forms?  - What shared questions of theory and methodology can ground interdisciplinary approaches to  these questions of legal structure and subjectivity?  - Under what circumstances do contract -based relationships and communities or status -based  legal recognition fost er resilience?- How does law respond to liminality? Do status positions exist outside law and, if so, what  opportunities and risks does this status entail? - How does the process of becoming a subject of law discipline social forms, and how do  individuals and groups reorganize their social relationships as their legal statuses shift?- Are there alternative metaphors to migration that may better capture the questions of risk,  protection, autonomy, dependency, and equality that arise from the movement across  boundaries of legal forms?- How does legal regulation of the migration process variously reproduce, entrench, or construct  vulnerability and resilience?  

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