Border Control and the Limits of the Sovereign State

Social & Legal Studies, Vol. 17, No. 2, pp. 199-215, 2008

Oxford Legal Studies Research Paper No. 32/2011

39 Pages Posted: 9 Jun 2011

See all articles by Mary Bosworth

Mary Bosworth

University of Oxford - Faculty of Law; University of Oxford - Border Criminologies

Date Written: 2008

Abstract

As has been widely recognised and commented upon, border controls across Europe and America have been strenuously tightened since September 11, 2001. In fact, of course, the movement of certain non-citizens in and around most western, industrialised countries had been restricted for some time predating the advent of the ‘war on terror.’ In this article I will explore the particular use being made in Britain of criminal justice rhetoric and policy as a means of securing the border and the implications of this reliance on criminal justice discourses in the development of immigration and asylum policies. Building on work by David Garland (1996) and Jonathan Simon (2007), I suggest not only that the increased concern over border control reflects a decline in the power of the state in the face of globalisation, but also that the adoption of harsh rhetoric about foreigners risks undermining the agency and democratic freedoms long held dear by British citizens.

Keywords: Immigration, asylum, detention, borders, governing through crime

Suggested Citation

Bosworth, Mary, Border Control and the Limits of the Sovereign State (2008). Social & Legal Studies, Vol. 17, No. 2, pp. 199-215, 2008, Oxford Legal Studies Research Paper No. 32/2011, Available at SSRN: https://ssrn.com/abstract=1852206

Mary Bosworth (Contact Author)

University of Oxford - Faculty of Law ( email )

University of Oxford - Border Criminologies ( email )

Manor Road Building
Manor Rd
Oxford, OX1 3UQ
United Kingdom

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