Throughout human civilization's history, migration has shaped civilizations, economy, and legal frameworks. This thesis explores migration's complex features and repercussions by taking a close look at the phenomenon from the perspective of legal history. Setting the scene, the introduction gives a summary of the importance of migration and how it relates to legal history. It emphasizes how crucial it is to take a legal historical approach in order to comprehend the intricacies of the migration phenomenon on a deeper level. The main point of the argument is clarified in the thesis statement, which highlights the crucial influence that legal frameworks have on the dynamics of migration. At first the paper starts with a look at the first migratory control measures, which date back to prehistoric and medieval times. It clarifies how the development of contemporary boundaries and sovereignty affected the restriction of migration in addition to the exploitative techniques used during the colonial era. As the era of nation-states approaches, the thesis examines the development of immigration rules and the introduction of citizenship and nationality regulations. It clarifies how labor migration and economic needs are interconnected and illustrates how migration laws reflect larger socioeconomic patterns. After that, the narrative progresses through through times of crisis and conflict, including post-colonial movements and migration trends throughout World Wars II. It highlights the crucial role played by institutions like the United Nations and provides insight into the legal frameworks and international governance structures developed to manage migration concerns. Case studies and historic laws provide empirical insights into the dynamics of migration and legal responses. Examples of these are the Immigration Act of 1965 in the United States and the Schengen Agreement in the European Union. Examining societal attitudes and their legal implications, from xenophobia to humanitarianism, the study emphasizes the influence of social movements and advocacy on policy discourse. The issues and debates surrounding integration policies, detention procedures, and security concerns are examined, highlighting the necessity of ethical and human rights concerns in the governance of migration. The thesis also examines the substantial effects of migration on people and communities, including how migration affects social cohesiveness, identity development, and economic contributions. It highlights new developments in immigration governance and promotes inclusive, flexible policies based on justice and equity when speculating about the future. Key findings are summarized in the conclusion, which also highlights the value of legal historical analysis in helping us comprehend the dynamics of migration and issues a call to action for radical policy changes. This thesis provides insightful information for academics, politicians, and campaigners alike by carefully examining the dynamics between migration and law. It does this by shedding light on the complex interactions that exist between legal frameworks, societal attitudes, and personal experiences.
La migrazione attraverso la lente della storia giuridica
JABBOUR, NADIM
2023/2024
Abstract
Throughout human civilization's history, migration has shaped civilizations, economy, and legal frameworks. This thesis explores migration's complex features and repercussions by taking a close look at the phenomenon from the perspective of legal history. Setting the scene, the introduction gives a summary of the importance of migration and how it relates to legal history. It emphasizes how crucial it is to take a legal historical approach in order to comprehend the intricacies of the migration phenomenon on a deeper level. The main point of the argument is clarified in the thesis statement, which highlights the crucial influence that legal frameworks have on the dynamics of migration. At first the paper starts with a look at the first migratory control measures, which date back to prehistoric and medieval times. It clarifies how the development of contemporary boundaries and sovereignty affected the restriction of migration in addition to the exploitative techniques used during the colonial era. As the era of nation-states approaches, the thesis examines the development of immigration rules and the introduction of citizenship and nationality regulations. It clarifies how labor migration and economic needs are interconnected and illustrates how migration laws reflect larger socioeconomic patterns. After that, the narrative progresses through through times of crisis and conflict, including post-colonial movements and migration trends throughout World Wars II. It highlights the crucial role played by institutions like the United Nations and provides insight into the legal frameworks and international governance structures developed to manage migration concerns. Case studies and historic laws provide empirical insights into the dynamics of migration and legal responses. Examples of these are the Immigration Act of 1965 in the United States and the Schengen Agreement in the European Union. Examining societal attitudes and their legal implications, from xenophobia to humanitarianism, the study emphasizes the influence of social movements and advocacy on policy discourse. The issues and debates surrounding integration policies, detention procedures, and security concerns are examined, highlighting the necessity of ethical and human rights concerns in the governance of migration. The thesis also examines the substantial effects of migration on people and communities, including how migration affects social cohesiveness, identity development, and economic contributions. It highlights new developments in immigration governance and promotes inclusive, flexible policies based on justice and equity when speculating about the future. Key findings are summarized in the conclusion, which also highlights the value of legal historical analysis in helping us comprehend the dynamics of migration and issues a call to action for radical policy changes. This thesis provides insightful information for academics, politicians, and campaigners alike by carefully examining the dynamics between migration and law. It does this by shedding light on the complex interactions that exist between legal frameworks, societal attitudes, and personal experiences.File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.14240/110270