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Developments in UK Immigration Law (Themes (National Identity …
Developments in UK Immigration Law
Future Studies
Comparisons of UK legislation on immigration
1950's-2000
Commonwealth
Windrush genertation
Links Between Sources
Theories of the nation-state
Opposing Views
Orientalism
Postcolonial literature
Subaltern studies
Critique of Western scholarship of the Orient in the recent decades.
Literature on the nation-state: Gellner, Anderson, Hobsbawm.
Gellner suggested modernisation and nationalism only occurred when influenced of religion has decreased (Gellner, 1983, 36, 142).
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).
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).
What shapes immigration policy?
Opposing Views
System of liberal democracy leads to expansive immigration policy (Freeman, 1995).
Traditional nation-state is both enforcing immigration and being challenged at the same time (Joppke, 1999).
Models of nationhood and understandings of national identity are changing due to immigration (Soysal, 1994).
1990s Authors moved away from Marxist approach, pacing emphasis on principles related to the nation-state (sovereignty, citizenship etc.).
1970s and 1980s theories of immigration control policy had Marxist and neo-Marxist frameworks (Castells, 1975).
Themes
Colonial Legacy
Immigration Law
What extent is immigration law determined by national and/or racial predicates (Parker et al., 2009, 584).
Borders
Instead conceive it as a series of practises, discourses, symbols, institutions or networks through which power works (Johnson et al., 2011, 66).
Border not treated as fixed territorial unit (Parker et al., 2009, 586).
National Identity
Britishness
Sovereignty
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).
The power that Britain has lies at the heart of Britain's identity.
Identities are social and cultural constructions.
'Island Story'
Narrative about the special character of the British nation as an Island Nation (Spiering, 2014, 34).
British exceptionalism
The idea that Britain is special and superior.
Othering
The idea that Britain is distinctive from other countries.
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).
Literature
Secondary Literature
Literature on UK immigration law
Focus on biases of UK immigration law (Mulvey, 2010; (Fazel and Stein, 2004).
Theoretical
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).
'Immagined Communities'
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).
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).
Notions of 'nations' and 'nationalism'
Primary Sources
UK Immigration Legislation (The National Archives, 1971)