Managing citizenship, security, and rights : regulating marriage migration in Europe and North America.
Advanced capitalism is characterized by a level of symbolic production that not only results in a dematerialization of labor, but also increasingly relies on highly emotional components, ranging from consumption desire to workforce management. Feelings as varied as love, anger, and desire are integral to neoliberal processes, though not in unproblematic and monolithic ways.
Marriage migration has recently drawn some attention, notably to the ways in which third-country nationals face increased challenges compared to European citizens when it comes to reunite with their spouse or partner. Foregoing a detailed legal analysis, this article rather seeks to interrogate the following: what connections can be drawn between law, love, mobility and sovereignty?
This introduction to the special issue on “Emotions, Governmentality and Neoliberalism” situates the theme inside the recent International Relations literature devoted to emotions and affect.This literature misses an engagement with governmentality, notably because Michel Foucault's prime concern with practical rationalities, such as “the conduct of conduct” in the case of governmentality, led to an assumption that these were devoid of emotional dimensions.
The past 10 years have seen an increase in legislation pertaining to marriage migration in Europe. Such attention betrays various concerns and anxieties that intersect not only with issues of risk management, rights, and citizenship, but also with less tangible dimensions such as emotions, which become embedded in legal as well as in surveillance practices.
The steady decline of marriage rates in Nort American and European countries since the 1960s seems to have relegated marriage's political role in relation to the state, a topic that deeply concerned prolific English writer Gilbert Chesterton in the 1920s, to a state of historical curiosity and obsolescence.
The link between marriage, family, the economy and the nation is a powerful one. Recent events in the United States, from the adoption of the 1996 Defense of Marriage Act to state referendums on same-sex marriage during the 2004 presidential elections remind us that more than being a private domestic arrangement, marriage is a political institution. This chapter explore the case of the so-called 'mail-order brides' in the United States.
The various technics used to control mixed marriages that have been instituted in the last few years by many European countries were developed in a migratory risk management logic instead of being developed to allow the exercice of a fundamental right - the right to live with family - let alone to promote integration of migrants to host societies.
In the introduction of this special issue on “Law in the everyday lives of transnational families”, we argue that in the socio-legal literature on transnationalism and transnational legal process, ordinary people as actors are missing. On the other hand, what is missing from the abundant literature on transnational families, is law, or are ordinary people.
This report presents the outcome of a comparative study on the family reunification policies in six European Union (EU) Member States and their impact on the family life of the residents of these Member States.
This article looks at the extent and way in which the European Court of Human Rights takes the interests of insider spouses (citizens or permanent residents) into account in Article 8 ECHR cases (right to family life). It uses Caren's three moral principles for family reunification policies as an analysing tool for the evaluation of the Court's first admission and expulsion cases, and looks at the underlying notions of gender and ethnicity.
The concept of transnationalism refers to border-crossing activities and social relations, such as family relations, migration, international trade and international organisations. We explain the relevance of transnationalism to socio-legal studies and the usefulness of the sociology of law for studying transnational law and transnational processes; we also discuss three challenges that transnationalism poses for the sociology of law.
This report conducted for the EUDO Citizenship Observatory aims to evaluate the evolution of Dutch citizenship law through the years as it evoluated from an Act containing several gender discriminatory provisions to a more equal legal regime, but with strict requirements for naturalization.
The case of Ireland reveals how the implications of pregnancy and sexuality figure in the determination of immigrants’ legal status. From 1997 to 2004, Ireland’s headlines recast pregnant immigrants as “illegals” entering the country to gain legal residency through childbirth. Eithne Luibhéid offers unvarnished insight into how categories of immigrant legal status emerge and change, how sexual regimes figure in these processes, and how efforts to prevent illegal immigration redefine nationalist sexual norms and associated racial, gender, economic, and geopolitical hierarchies.