Abstract

http://ssrn.com/abstract=564806
 


 



The Madness of Migration: Disquiet in the International Law Relating to Refugees


Fleur E. Johns


University of New South Wales, Faculty of Law; Faculty of Law, University of NSW


International Journal of Law & Psychiatry, Vol. 27, No. 6, pp. 587-607, 2004

Abstract:     
Teachings about the importance to health of avoiding extremes and containing pathology have long nourished practices of governance and theories of legal order. The maxim everything in moderation continues to animate popular and professional attitudes about health, including ideas about the supposed importance to States' economic, social and political health of containing or repelling asylum-seekers. At the same time, a notion has prospered among refugee lawyers that international refugee law operates as a restorative, tempering or disciplinary influence upon immoderate State action (or inaction) in this context. International refugee law often features in such accounts as an actual or potential deus ex machina. This article works against this redemptive characterization of international refugee law in relation to action (or inaction) on the part of States. Instead, it explores an intuition that international refugee law tends to foster a sense that multivalent allegiance and migratory diffusion are deviant, unnatural impulses. International refugee law is, this article contends, as much a producer of instincts associating migration with pathology as it is their ostensible therapy. This argument is elaborated through close analysis of judicial readings of international refugee law in U.S., Canadian and Australian courts.

Keywords: International law, refugee law, migration, asylum, international legal theory

Accepted Paper Series





Not Available For Download

Date posted: July 19, 2004  

Suggested Citation

Johns, Fleur E., The Madness of Migration: Disquiet in the International Law Relating to Refugees. International Journal of Law & Psychiatry, Vol. 27, No. 6, pp. 587-607, 2004. Available at SSRN: http://ssrn.com/abstract=564806

Contact Information

Fleur E. Johns (Contact Author)
University of New South Wales, Faculty of Law ( email )
Kensington, New South Wales 2052
Australia
Faculty of Law, University of NSW ( email )
Faculty of Law
University of NSW
Sydney, NSW 2052
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 656

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 6.642 seconds