Legal Theory for the Age of Migration? An Outline of a Theory of Arbitrary Lawmaking
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Abstract
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.
Keywords
- Arbitrary Power
- Migration Law
- Irrational Policy
- Illegal Practice
- Discriminatory Status
