Behrman, Simon (2014) Accidents, agency and asylum : constructing the refugee subject. Law and Critique, 25 (3). pp. 249-270. doi:10.1007/s10978-014-9140-x ISSN 0957-8536.
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Abstract
Refugee law demands that the asylum seeker demonstrate an extremely limited and distorted form of agency that is encapsulated within the legal definition of the refugee. Such a framework also denies the role of the accidental in the refugee experience. I argue that the problem lies at the heart of the legal form, as constructed under capitalism. The sans-papiers show us the potential for refugees themselves to reconstruct a subjectivity that transcends the distorted form of agency and the false dichotomy between the accidental and agency found in law, through their rejection of legal definitions and the re-emergence of themselves as political subjects.
| Item Type: | Journal Article |
|---|---|
| Divisions: | Faculty of Social Sciences > School of Law |
| Journal or Publication Title: | Law and Critique |
| Publisher: | Springer Netherlands |
| ISSN: | 0957-8536 |
| Official Date: | November 2014 |
| Dates: | Date Event November 2014 Published 19 June 2014 Available 5 May 2014 Accepted |
| Volume: | 25 |
| Number: | 3 |
| Page Range: | pp. 249-270 |
| DOI: | 10.1007/s10978-014-9140-x |
| Status: | Peer Reviewed |
| Publication Status: | Published |
| Access rights to Published version: | Restricted or Subscription Access |
| URI: | https://wrap.warwick.ac.uk/169481/ |
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