RT Article
T1 Between legality and legitimacy: The courtroom as a site of resistance in the criminalization of migration
JF Punishment & society
VO 24
IS 4
SP 551
OP 570
A1 Haddeland, Hanna B
A1 Franko, Katja 1972-
A2 Franko, Katja 1972-
LA English
YR 2022
UL https://krimdok.uni-tuebingen.de/Record/1816394297
AB The criminalization of migration-related acts, rather than simply strengthening state authority, also represents a risk of exposing legal legitimacy deficits. By drawing on juridical analysis of court judgements, legal documents, and case law, together with ethnographic observation in court and analysis of media coverage, the article argues for acknowledging the extra-legal aspects of criminalization. By employing the concept of legal consciousness, we bring attention to how bordering processes are challenged from below by using the courtroom to expose potential legitimacy deficits concerning crimmigration enforcement. The article shows how the courtroom is not merely a place for convictions but also a site for resistance and social mobilization: a platform that may give marginalized groups voice and visibility, invoking a complex picture of state power, involving the ability to use force as well as reluctance and ambivalence connected to the questionable legitimacy of criminalization strategies.
K1 the right to work
K1 Resistance
K1 Mobilization
K1 legal legitimacy
K1 Legal consciousness
K1 irregular migrants
K1 Crimmigration
DO 10.1177/1462474521996815