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The Borders of Punishment: Migration, Citizenship, and Social Exclusion critically assesses the relationship between immigration control, citizenship, and criminal justice. It reflects on the theoretical and methodological challenges posed by mass mobility and its control and for the first time, sets out a particular sub-field within criminology, the criminology of mobility. Drawing together leading international scholars with newer researchers, the book systematically outlines why criminology and criminal justice should pay more attention to issues of immigration and border control.
Contributors consider how 'traditional' criminal justice institutions such as the criminal law, police, and prisons are being shaped and altered by immigration, as well as examining novel forms of penalty (such as deportation and detention facilities), which have until now seldom featured in criminological studies and textbooks. In so doing, the book demonstrates that mobility and its control are matters that ought to be central to any understanding of the criminal justice system. Phenomena such as the controversial use of immigration law for the purposes of the war on terror, closed detention centers, deportation, and border policing, raise in new ways some of the fundamental and enduring questions of criminal justice and criminology: What is punishment? What is crime? What should be the normative and legal foundation for criminalization, for police suspicion, for the exclusion from the community, and for the deprivation of freedom? And who is the subject of rights within a society and what is the relevance of citizenship to criminal justice?
Katja Franko Aas, Professor of Criminology, University of Oslo,Mary Bosworth, Reader in Criminology, University of Oxford and, concurrently, Professor of Criminology, Monash University
Katja Franko Aas is Professor of Criminology at the department of Criminology and Sociology of Law, University of Oslo. She is author of Cosmopolitan Justice and its Discontents (co-edited with C. Baillet, Routledge, 2011), Technologies of Insecurity (co-edited with H.M. Lomell and H. O. Gundhus, Routledge, 2009), Globalization and Crime (SAGE, 2007), and Sentencing in the Age of Information: from Faust to Macintosh (Routledge, 2005). She is currently leading a research project on the intersections of migration control and crime control.
Mary Bosworth is Reader in Criminology and Fellow of St Cross College at the University of Oxford and concurrently, Professor of Criminology at Monash University, Australia. She has published widely on issues to do with race, gender, and citizenship with a particular focus on prisons and immigration detention. She is currently working on a 5 year ERC Starter Grant, entitled 'Subjectivity, Identity and Penal Power: Incarceration in a Global Age.'
Table of Contents
The Criminology of Mobility, Katja Franko Aas and Mary Bosworth
Introduction. Humanizing Migration Control and Detention, Hindpal Singh Bhui
Part I: Criminalization
The Ordered and the Bordered Society: Migration Control, Citizenship, and the Northern Penal State, Katja Franko Aas
Is the Criminal Law only for Citizens? A Problem at the Borders of Punishment, Lucia Zedner
The Process is the Punishment in Crimmigration Law, Juliet P Stumpf
The Troublesome Intersections of Refugee Law and Criminal Law, Catherine Dauvergne
Part II: Policing
Policing Transversal Borders, Sharon Pickering and Leanne Weber
The Criminalization of Human Mobility: A Case Study of Law Enforcement in South Africa, Darshan Vigneswaran
Human Trafficking and Border Control in the Global South, Maggy Lee
Part III: Imprisonment
Can Immigration Detention Centres be Legitimate? Understanding Confinement in a Global World, Mary Bosworth
Hubs and Spokes: The Transformation of the British Prison, Emma Kaufman
Seeing like a Welfare State: Immigration Control, Statecraft, and a Prison with Double Vision, Thomas Ugelvik
Part IV: Deportation
The Social Bulimia of Forced Repatriation: A Case Study of Dominican Deportees, David C Brotherton and Luis Barrios
Deportation, Crime, and the Changing Character of Membership in the United Kingdom, Matthew Gibney
Democracy & Deportation: Why Membership Matters Most, Vanessa Barker
Part V: Social Exclusion
Governing the Funnel of Expulsion: Agamben, the Dynamics of Force, and Minimalist Biopolitics, Nicolay Johansen
People on the Move: From the Countryside to the Factory / Prison, Dario Melossi
Epilogue. The Borders of Punishment: Towards a Criminology of Mobility, Ben Bowling