The 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 and 20th centuries. Based on different
methodological approaches and sources (archival documents, special...
The 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 and 20th centuries. Based on different
methodological approaches and sources (archival documents, special courts’
decisions, diplomatic materials, legal journals and books, international treaties),
the chapters are focused on countries of departure and destination both in
Western and Eastern regions. Confronted with mass migration, Western legal
science was forced to rethink concepts and institutions such as borders, citizenship
and the principle of territoriality, undesirable immigrant, illegal and
criminal alien; special courts and administrative bodies were created to govern
and control this new complex social phenomenon. The volume, related to the
national research project Legal History and Mass Migration: Integration, Exclusion,
and Criminalization of Migrants in the 19th and 20th Century project
(Prin 2017), contributes to investigate the historical tensions between individual
freedom of mobility and state sovereignty over borders control.
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