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Developments in UK Immigration Law (Themes (National Identity (Othering,…
Developments in UK Immigration Law
Literature
Primary Sources
UK Immigration Legislation (The National Archives, 1971)
Secondary Literature
Theoretical
'Immagined Communities'
Notions of 'nations' and 'nationalism'
Anderson depicts the nation as a socially constructed community, which is imagined by the people who perceive themselves as part of that group (Anderson, 2016).
Benedict Anderson’s widely used definition of a nation as ‘an imagined political community, and one that is imagines as inherently limited and sovereign’ (Wellings, 2012, 35).
Orietnalism (Said, 1978).
Said defines Orientalism as a way of seeing that imagines the East as the antithesis of the West. It is evident that Western perceptions often involve a logic of European superiority over Oriental ‘’backwardness’’ (Said, 1978, 7).
Literature on UK immigration law
Focus on biases of UK immigration law (Mulvey, 2010; (Fazel and Stein, 2004).
Themes
National Identity
Othering
Concept of 'Othering' vital for the formation of identity - way in which people attach themselves to identity by distinguishing themselves from others (McCrone, 2002, 759).
The idea that Britain is distinctive from other countries.
British exceptionalism
The idea that Britain is special and superior.
'Island Story'
Narrative about the special character of the British nation as an Island Nation (Spiering, 2014, 34).
Identities are social and cultural constructions.
Sovereignty
The power that Britain has lies at the heart of Britain's identity.
Sovereignty must continually be articulated and re-articulated in terms of a "stylized repetition of acts". The State through its policies, actions and customs performs itself as sovereign (Johnson et al., 2011, 66).
Britishness
Borders
Border not treated as fixed territorial unit (Parker et al., 2009, 586).
Instead conceive it as a series of practises, discourses, symbols, institutions or networks through which power works (Johnson et al., 2011, 66).
Immigration Law
What extent is immigration law determined by national and/or racial predicates (Parker et al., 2009, 584).
Colonial Legacy
Links Between Sources
What shapes immigration policy?
1970s and 1980s theories of immigration control policy had Marxist and neo-Marxist frameworks (Castells, 1975).
1990s Authors moved away from Marxist approach, pacing emphasis on principles related to the nation-state (sovereignty, citizenship etc.).
Opposing Views
Models of nationhood and understandings of national identity are changing due to immigration (Soysal, 1994).
Traditional nation-state is both enforcing immigration and being challenged at the same time (Joppke, 1999).
System of liberal democracy leads to expansive immigration policy (Freeman, 1995).
Theories of the nation-state
Opposing Views
Literature on the nation-state: Gellner, Anderson, Hobsbawm.
Theories have been hegemonic and have committed fallacies: European processes of modernisation and nationalism, led to a depiction of the West as superior, as East measured against Western structures (Chakrabarty, 1998; Veer, 1998).
Anderson and Hobsbawm imply that only through colonial institutions, colonial people able to access and emulate models of nationalism (Anderson, 1991, 115-116; Hobsbawm,1990, 164).
Gellner suggested modernisation and nationalism only occurred when influenced of religion has decreased (Gellner, 1983, 36, 142).
Orientalism
Critique of Western scholarship of the Orient in the recent decades.
Postcolonial literature
Subaltern studies
Future Studies
Windrush genertation
Comparisons of UK legislation on immigration
1950's-2000
Commonwealth