Massimo Cuono, Patricia Mindus

Legal Theory for the Age of Migration? An Outline of a Theory of Arbitrary Lawmaking

  • Abstract

Informations and abstract

Keywords: Arbitrary Power; Migration Law; Irrational Policy; Illegal Practice; Discriminatory Status.

In this paper, a typology of forms of arbitrariness, as related to political power, is sketched out and applied specifically to the analysis of citizenship policies and border-control techniques. The paper offers a basic typology of forms of arbitrariness making possible a hopefully clarifying differentiation among forms of abuse: (a) illegal practices, (b) irrational policies, and (c) discriminatory statuses.

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