Grasping Legal Time: Temporality and European Migration Law

ISBN-13: 9781108835732 / Angielski / Twarda / 2022 / 300 str.

Amsterdam) Martijn Stronks (Vrije Universiteit

Opis

Time is one of the most important means for the exercise of power. In Migration Law, it is used for disciplining and controlling the presence of migrants within a certain territory through the intricate interplay of two overlapping but contradicting understandings of time – human and clock time. This book explores both the success and limitations of the usage of time for the governance of migration. The virtues of legal time can be seen at work in several temporal differentiations in migration law: differentiation based on temporality, deadlines, qualification of time and procedural differentiation. Martijn Stronks contests that, hidden in the usage of legal time in Migration Law, there is an argument for the inclusion of migrants on the basis of their right to human time. This assertion is based in the finite, irreversible and unstoppable character of human time.

Recenzje

'One of the goals of the book is to highlight the importance of human time which is often neglected in migration law. And this is one of the book's greatest successes, as it manages to bring to the surface the struggle of many, sometimes "invisible" persons who endeavour for many years to legalise their presence in the territory of the country they reside, or even the stories of those who, although they live lawfully somewhere, continue to live with the constant fear of removal. The author has thus made a welcome attempt to try and go beyond the use of clock and legal time that is typically used by legislation to regulate presence within territory and give some normative value to the lapse of someone's time within a territory, which is the human time. I would strongly recommend to immigration lawyers, policy makers, and academics reading this book.' Vasiliki Apatzidou, European Law Review 2023, 48 (1), 144–146

Spis treści

Introduction: Grasping Legal Time; 1. The Virtues of Legal Time; 2. The Vices of Legal Time; 3. Jus Temporis or the Immigrant's Right to Human Time; Conclusion.