Critical Theory and EU Migration Law: Navigating the Field and Mapping New Territory
Loxa, Alezini LU
(2026)
p.207-224
- Abstract
- Unlike many other areas of European Union (EU) law, the field of migration and asylum law is no stranger to critique. This field is fraught with legal categories that shape
belonging and rights for one category of people while at the same time legitimising the exclusion – more often than not violent – of other people. This is a traditional function of migration law which is based on constructed legal categories such as citizen and alien, sovereignty, state discretion over migration, as well as the conceptualisation of borders as actual or imaginary lines that affect the attribution of rights.
This traditional function of migration law has inspired a wealth of critique from within and outside the legal discipline. The same is... (More) - Unlike many other areas of European Union (EU) law, the field of migration and asylum law is no stranger to critique. This field is fraught with legal categories that shape
belonging and rights for one category of people while at the same time legitimising the exclusion – more often than not violent – of other people. This is a traditional function of migration law which is based on constructed legal categories such as citizen and alien, sovereignty, state discretion over migration, as well as the conceptualisation of borders as actual or imaginary lines that affect the attribution of rights.
This traditional function of migration law has inspired a wealth of critique from within and outside the legal discipline. The same is true for EU migration law. Great
works of critique of EU migration and asylum law and of its legal categories as another iteration of state power have been written in the fields of political science, sociology, economic history and critical social theory. By focusing on works produced by legal scholars, the purpose of this chapter is threefold. First it aspires to provide a systematic overview of the diverse ways in which critique has been used as a method to investigate EU migration and asylum law. Second, it argues for the value of racial capitalism critiques to complement existing critical approaches and to offer a novel and integrated way of critically studying the phenomenon of migration in EU law. Third it reflects on the value of critique for the study of EU migration and asylum law. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/14002239-ac68-412e-9a2b-2f2b3a77ba5d
- author
- Loxa, Alezini
LU
- organization
- publishing date
- 2026
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- Critical theory, Migration, Racial capitalism, Mänskliga rättigheter
- host publication
- Critical Theory and European Union Law: The Question of Postnational Emancipation
- editor
- Neuvonen, Päivi and Linden-Retek, Paul
- pages
- 18 pages
- publisher
- Hart/Bloomsbury
- external identifiers
-
- scopus:105044970350
- ISBN
- 9781509982028
- language
- English
- LU publication?
- yes
- id
- 14002239-ac68-412e-9a2b-2f2b3a77ba5d
- date added to LUP
- 2026-09-08 10:05:28
- date last changed
- 2026-09-09 08:53:00
@inbook{14002239-ac68-412e-9a2b-2f2b3a77ba5d,
abstract = {{Unlike many other areas of European Union (EU) law, the field of migration and asylum law is no stranger to critique. This field is fraught with legal categories that shape<br/>belonging and rights for one category of people while at the same time legitimising the exclusion – more often than not violent – of other people. This is a traditional function of migration law which is based on constructed legal categories such as citizen and alien, sovereignty, state discretion over migration, as well as the conceptualisation of borders as actual or imaginary lines that affect the attribution of rights.<br/><br/>This traditional function of migration law has inspired a wealth of critique from within and outside the legal discipline. The same is true for EU migration law. Great<br/>works of critique of EU migration and asylum law and of its legal categories as another iteration of state power have been written in the fields of political science, sociology, economic history and critical social theory. By focusing on works produced by legal scholars, the purpose of this chapter is threefold. First it aspires to provide a systematic overview of the diverse ways in which critique has been used as a method to investigate EU migration and asylum law. Second, it argues for the value of racial capitalism critiques to complement existing critical approaches and to offer a novel and integrated way of critically studying the phenomenon of migration in EU law. Third it reflects on the value of critique for the study of EU migration and asylum law.}},
author = {{Loxa, Alezini}},
booktitle = {{Critical Theory and European Union Law: The Question of Postnational Emancipation}},
editor = {{Neuvonen, Päivi and Linden-Retek, Paul}},
isbn = {{9781509982028}},
keywords = {{Critical theory; Migration; Racial capitalism; Mänskliga rättigheter}},
language = {{eng}},
pages = {{207--224}},
publisher = {{Hart/Bloomsbury}},
title = {{Critical Theory and EU Migration Law: Navigating the Field and Mapping New Territory}},
year = {{2026}},
}