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Fantasy and Fetishes as Gap-Fillers When Deterrence and Death Mitigation Fall Short in Border Regulation

Mary D. Fan
American University Washington College of Law



Law & Society Review, Forthcoming

Abstract:     
Drawing on fieldwork and political theory with Lacanian psychoanalytic influences, this article analyzes how fantasy and fetishes help sustain strategies shown to be no solution to border regulation concerns. More than a decade after the official launch of the border control paradigm of "prevention through deterrence," predicated on the assumption that ramping up walls, barriers, policing and the human costs of border crossing would deter, there has been scant evidence of deterrence and much evidence of diversion of migrants to more dangerous crossing points where death rates have soared. Attempts to mitigate the cost to life have also proved ineffective but persisted alongside the policy of diversion.

The article is based on research in a region where the reality of diversion and death instead of deterrence was lived but where people still pursue projects of barrier-building and death mitigation that they know to be ineffective. The article analyzes how fantasy fuels action despite knowledge and occludes a traumatic element around which the symbolic order of border law is structured: the foundation of "good life" with its bounty of rights, privileges and opportunity on the exclusion of basic life denuded of the entitlements that make the good life sweet. The article also examines how fetishes are used to cope with unrealized hopes and to diffuse the impact of the traumatic knowledge that good life is undergirded by the exclusion and even death of basic life.

Keywords: Border Law, Border Security, Migration, Immigration, Fantasy, Fetishism, Fetishes, Lacan, Zizek, Minutemen, Secure Fence Act of 2006

Accepted Paper Series

Date posted: June 01, 2008 ; Last revised: September 07, 2008

Suggested Citation

Fan, Mary D., Fantasy and Fetishes as Gap-Fillers When Deterrence and Death Mitigation Fall Short in Border Regulation. Law & Society Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1139324


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Mary D. Fan (Contact Author)
American University Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
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