scholarly journals Challenges Related to Defi ning Irregular Immigration, Including the Way of Its Interpretation in EU Immigration Policy

2020 ◽  
Vol 24 (3) ◽  
pp. 145-164
Author(s):  
Monika Trojanowska-Strzęboszewska

The aim of the article is to show the challenges in scholarly attempts to conceptualize the phenomenon of irregular immigration. Although this type of migration has been of interest to scholars for several decades, it still requires in-depth analysis to better explain and understand its causes, scope, and consequences. The article attempts to clarify the nature of irregular immigration, indicating both the general ways of defi ning this phenomenon and the process of shaping it in socio-political reality since the end of the 19th century. The analysis reveals the internal diversity, dynamism, and ambiguity of this type of migration, which developed in parallel with the control instruments implemented by the states, aimed at enforcing increasingly complex immigration regulations conditioning the entry, stay and work of immigrants. The presented theoretical reflection on the complexity and the heterogeneity of irregular immigration is then confronted with the interpretation of this phenomenon in the EU immigration policy. Another important complement to these studies is to show the terminological challenges that have emerged in previous studies on irregular immigration. They are important both for the objectifi cation of theoretical investigations and for an empirical analysis of this social phenomenon.

2021 ◽  
Author(s):  
Doris Schweitzer

Why did the subject of law play a central role in sociology as it emerged? And why is this no longer the case today? This study explains this transformation of the sociological interest in law by means of a genealogical investigation into the mutual references between the jurisprudence of private law and sociology: the way in which, from a legal perspective starting in the 19th century, law has been addressed as a social phenomenon in the face of concrete problems is reflected in the early sociologies of Émile Durkheim, Ferdinand Tönnies and Max Weber. This has led to a mutual demarcation, which places law and sociology in a problematic relationship to each other for the future.


The current insolvency legislation is the result of a long and cumbersome evolution. It was approved on 7 July 2003 (Ley 22/2003, the Insolvency Act 2003 (‘IA’)) and came into force on 1 September 2004, putting an end to one of the most embarrassing situations that the Spanish legal system has ever had to endure: coming into the 21st century with an insolvency legislation dating back to the beginning of the 19th century. The previous insolvency system was composed of as many as five different legal instruments: the Commercial Codes (Codigo de Comercio) of 1885 and 1829 (only partially in force) and the Law on Suspension of Payments of 1922 (Ley de Suspension de Pagos), which regulated some procedural aspects and all material aspects of commercial insolvency; the Civil Code of 1889, which regulated the insolvency of the general—non-commercial—debtor; and the Civil Procedural Law, dating from 1881 (Ley de Enjuiciamiento civil ). It can then be said that the insolvency of a large business in a developed European economy (the fifth largest in the EU) had to be solved with laws that dated from two centuries before. The reform has been a relief and it has greatly modernised Spain’s economic legal legal framework. However, this process was neither easy nor did it produce a fully satisfactory result.


2018 ◽  
Vol 50 (1) ◽  
pp. 51-61
Author(s):  
John Allphin Moore, Jr.

In late 2015, debate among many US Republican presidential candidates focused on immigration policy, with one candidate who was hostile to America’s immigration policy, opining that the 14th Amendment’s definition of citizenship may be unconstitutional. This was the view of the GOP candidate who eventually won the Presidency. The question of citizenship, and the linked issue of rights, was contested in the early republic. Much of the quarrel revolved around the issue of slavery. At least three competing notions of citizenship and rights gained traction by the first half of the 19th century: one argued for citizenship and rights only for whites; another urged that “popular sovereignty” should determine rights and citizenship. A third insisted on an inclusive definition of citizenship. By 1868, the 14th Amendment underscored the latter view. But, as current affairs in America show, the bickering persists, often using arguments similar to those found in the early republic’s squabbles. This essay explores the debate among the viewpoints articulated during the first half of the 19th century and seeks to draw out counsel for our own time.


2004 ◽  
Vol 37 (1) ◽  
pp. 3-29 ◽  
Author(s):  
David Levi-Faur

This article examines the outcome of the EU policy process from various comparative perspectives in an effort to distinguish the “net effects” of EU membership and EU-level regimes from more general—perhaps global—processes of change. It argues that the major features of liberalization would have been diffused to most if not all member states even in the absence of the European Commission, other agents of supranationalism, and EU-level intergovernmental commitment to liberalize. This is not to suggest that Europeanization does not matter but that it matters in less obvious and perhaps in less critical ways than is frequently assumed. The argument is supported by comparative empirical analysis of the spatial and temporal diffusion of liberalization since the 1980s and of nationalization since the late 19th century.


2020 ◽  
Vol 48 (1) ◽  
pp. 99-123
Author(s):  
Tomasz Grzegorz Grosse

The aim of the article is to show the centuries-old tradition of Polish elites working for nation-building and nation-preserving purposes. It dates back to at least the 18th century. The nation-preserving formula was developed in the 19th century, that is, during the partitions, when the Polish nation did not have its own statehood. In the first part of the article, I describe the specificity of Poles’ historical experiences, primarily after the partitions that took place at the end of the 18th century. I try to indicate three main approaches to nation-building (and nation-preserving) activities during this period. In the next part of the article, I try to show that this tradition lasted during the period of political transformation and European integration. While the nation-building approach, related to the reconstruction of sovereign statehood, democracy and a political nation, was dominant in the first case, the nation-preserving policy was observed more often, especially among the right-wing elites, after joining the EU, primarily due to the experiences of subsequent European crises.


2019 ◽  
Vol 144 (25) ◽  
pp. 1825-1829
Author(s):  
Helen Ahner

AbstractChristmas is a celebration with a strong social radiance. It is a vehicle for political positions and debates and thus shows itself to be a controversial cosmos of significance. A cosmos with history that is not as old as is often claimed – the origin of the festival as we know it today lies in the 19th century. Since then, Christmas has developed into a global festival in which many different people take part. But Christmas is not only unifying, it is also exclusive and creates cultural differences. The aim of the text is to look at the festival in its historical genesis and to critically illuminate Christmas as an ambivalent social phenomenon.


2021 ◽  
pp. 15-25
Author(s):  
Boža Grafenauer ◽  
Lea Kužnik

This paper deals with the methods of natural healing that were practiced already in the 19th century by Swiss natural healer Arnold Rikli as a part of healing offer in Bled, Slovenia. The paper starts with the introduction of Rikli as a natural healer and his healing methods, based on hydrotherapy, heliotherapy, climate therapy and healthy diet. His healing methods were based on strengthening the immune system in a natural way. The paper takes an ethnographic approach based on in-depth analysis of the literature and online resources and fieldwork in Bled using the technique of partially structured interviews with the employees in tourist industry. The paper identifies the potential for the inclusion of Riklis natural healing methods in the modern tourist offer as the basis for creating Covid-adapted programmes and a source of survival for the existing wellness centres and other tourism providers in Bled.


Author(s):  
Tim Newburn

‘Introducing criminology’ explains that according to American criminologist, Edwin Sutherland, criminology is the body of knowledge regarding crime as a social phenomenon including within its scope the process of making and breaking laws, and reacting to the breaking of laws. Criminology dates back to the late 18th century when small groups of people developed an interest in explaining crime alongside their main occupations such as running asylums or collecting statistics on prisons or court proceedings. There was no form of collective enterprise until the end of the 19th century. During the 20th century, ‘criminology’ gradually formed and solidified. Its constitutive disciplines include sociology, history, psychology, law, and statistics.


Author(s):  
Jens Henrik Koudal

Although squires, proprietors and larger farmers played an important cultural andpolitical role in Denmark between 1870 and 1940, only very little is know about musicin their private homes in the countryside. The article is a perspective of musical lifeon the farm Torpelund in Northwest Zealand during the interwar period. It examinesa previously unresearched aspect of Danish music culture in the 20th century on thebasis of comprehensive source studies and a contemplation of forms of music and cultureswithin that spectrum, of which the researched subject matter forms a part. Thecore of this is an in-depth analysis of the publication Gamle Danse fra Nordvestsjælland(Old Dances from Northwest Zealand), 1–3 (1923–28). It was created and used at Torpelundin a cooperation between two siblings from the farm, namely folklore collectorand columnist Christian Olsen, who collected and published the melodies, and thepianist Christiane Rützou, who put them to piano. The publication is a key to understandingthe importance of music in the environment at Torpelund.The article characterises the cultural transformation, which these dance melodiesunderwent from string and brass accompanied peasant dances that were played by thefather of the two siblings in Northwest Zeland in the 19th century to becoming pianopieces in the living rooms of the larger farms during the interwar period. With themusical analysis, the author would like to develop analytical grips on this type of repertoireused, which respect the musical characteristics of these repertoires. The studydiscusses the special nature of Christiane Rützou’s piano arrangements and comparesthem with a couple of Louis Glass’ rural pieces, which the composer and his wife performedthemselves at Torpelund. Is this dance music, educational teaching material,popular music or romantic character pieces? The answer is that Christiane Rützou’s piano arrangements merge elements from popular dance music with romantic pianomusic of the 19th century in a special way.For Christian Olsen, the dance version was part of a conservative cultural struggle,which at one and the same time desired to oppose the introduction of modern Americandancing while creating progressive, cheerful music to be used by farmers andlarger landowners. He wanted to transform the old dance music of the peasants in orderto preserve the values of the farmer and proprietary culture.


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