Legal Responses to Mass Migration

From the Nineteenth Century to World War II
1. Auflage 2025
ISBN: 978-1-032-91013-0
Verlag: Taylor & Francis Ltd

Buch, Englisch, 424 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 453 g

Reihe: Routledge-Giappichelli Studies in Law

This volume explores the legal history of migration and the role played by legal theories, case law, practices, customary laws, and legislations in shaping and governing mobility between the 19th century and the Second World War. Based on different methodological approaches and sources, including archival documents, special courts’ decisions, diplomatic materials, legal journals and books, and international treaties, the chapters focus on countries of departure and destination both in Western and Eastern regions. Confronted with mass migration, Western legal science has been forced to rethink concepts and institutions such as borders, citizenship and the principle of territoriality. Special courts and administrative bodies were created to govern and control this new complex social phenomenon. This work, related to the national research project Legal History and Mass Migration: Integration, Exclusion, and Criminalization of Migrants in the 19th and 20th Century (Prin 2017), contributes to the investigation of the historical tensions between individual freedom of mobility and state sovereignty over border control. It contributes to the current public debate on ius migrandi – freedom of movement, or the right to migrate – showing the complexity of its historical dimension. The book will be of interest to scholars in the fields of Legal History, Legal Theory, Sociology of Law, International Migration Law, Labor Law and Criminology, as well as those working on themes related to Forced Migration and Refugee Studies.

Chapter 16 of this book is available for free in PDF format as Open Access from the individual product page at www.taylorfrancis.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Zielgruppe

Postgraduate

Autoren/Hrsg.

Vano, Cristina

Nuzzo, Luigi

Speciale, Giuseppe

Pifferi, Michele

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht Staatsangehörigkeitsrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsgeschichte, Recht der Antike
• Geisteswissenschaften Geschichtswissenschaft Weltgeschichte & Geschichte einzelner Länder und Gebietsräume Weltgeschichte
• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Soziologie von Migranten und Minderheiten

Inhaltsverzeichnis

Introduction. Legal history and mass migration: paths and methods;  Section I: Discourses;  1. From Vitoria to Kant: a genealogy of ius migrandi;  2. Emigration and colonisation. The debate in Italy at the end of the nineteenth century;  3. Leaving Italy. Transoceanic migration and legal discourse in the city of Napoli (1901-1910);  4. The “peculiar paradox” of the criminalisation of Italian immigrants in Argentina in the late nineteenth century;  5. The Kaleidoscopic 1905 of Mr. Justice Oliver Wendell Holmes. What two unrelated opinions could tell us about immigration law, American jurisprudence, and twentieth century exceptionalisms;  Section II: Policies and institutions;  6. The routes of child labour: juvenile emigration and police regulations between the nineteenth and twentieth centuries;  7. The Società Umanitaria and Italian continental emigration: the entanglement between private regulation and official law;  8. A first note about migrants and Italian legal devices against maritime syndicates in the early twentieth century;  9. Changes in State and federal law and police against Italian organised crime: the New York case (1904-1914);  10. Refugee scholars from Nazi Germany and the impact of migration: what changed in the work of legal academics in exile and why?;  Section III: Legal practices;  11. The only living Italian in Tianjin. Colonial governance and Sino-Italian relations at the beginning of twentieth century;  12. Attracting colonists from abroad: migration and legal regulation of labour in nineteenth century Brazil;  13. Justice and emigration: Italian emigrants and legal protection between the nineteenth and twentieth centuries;  14. The protection of migrants in Italy in the proceedings of the Central Arbitration Commission for Emigration (1915-1929);  15. Spanish republicans exiled in France: second-class Europeans for the French government;  16. Exceptionality and common features of migration law in the age of mass migration

Über Autor(innen)

Luigi Nuzzo is Full Professor of Legal History and History of International Law at the University of Salento and Alexander von Humboldt fellow. His research topics focus mainly on the history of international law and history of derecho indiano.

Michele Pifferi is Full Professor of Legal History at the University of Ferrara, Alexander von Humboldt Fellow and currently Research Associate at the Centre for Criminology, University of Oxford.

Giuseppe Speciale is Full Professor of History of Medieval, Modern, and Contemporary Law at the University of Catania. His research interests concern the medieval legal science, bankruptcy in modern era, the Italian legal culture between the 19th and 20th centuries, and the Italian fascist racial laws and their judicial application.

Cristina Vano is Full Professor of Medieval and Modern Legal History at the University of Naples “Federico II”. Her main research topics concern the German Historical School, the history of labour law, and communication strategies of European legal culture.