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Undokumentierte Migration in Deutschland und den Vereinigten Staaten - interne Migrationskontrollen und die Handlungsspielräume von Sans Papiers

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ISBN: 9783930457694 Year: DOI: 10.17875/gup2004-284 Language: German
Publisher: Universitätsverlag Göttingen
Subject: Political Science --- History --- Migration --- Social Sciences
Added to DOAB on : 2011-11-04 00:00:00
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What are the effects of internal migration controls on migrants without a regular residence permit – on “sans papiers”? The book gives an answer to this question with a comparative study of the United States and Germany. Based on expert interviews and in-depth interviews with forty sans papiers, police controls as well as controls in areas such as labor market, health care, housing, schooling and childcare are carefully analysed. The book discusses whether global economic, political or social processes have restricted the ability of advanced capitalist countries to control migration. It argues that migration policy in the OECD countries has become more similar, but this convergence only takes place at the level of policy goals and legal norms. At the level of implementation, national differences persist. The interviews show that sans papiers in the U.S. continue to have many possibilities to participate in society. In contrast, the comprehensive exclusion of sans papiers in Germany confi rms that there is no general “loss of control”.

Der 'Gefährder' und das 'Gefährdungsrecht' - eine rechtssoziologische Analyse am Beispiel der Urteile des Bundesverfassungsgerichts über die nachträgliche Sicherungsverwahrung und die akustische Wohnraumüberwachung

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Book Series: Göttinger Studien zu den Kriminalwissenschaften ISBN: 9783863950040 Year: Pages: 363 DOI: 10.17875/gup2011-123 Language: German
Publisher: Universitätsverlag Göttingen
Subject: Law
Added to DOAB on : 2011-11-04 00:00:00
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Endanger law ('Gefährdungsrecht') is a criminal law which is seeking security – and thereafter fighting ‘risks’ and ‘dangers’ – as its main objective and which is acting on the basis of risk patterns developed by this law itself. Individuals who fit these characteristics are being fought against as endangerers, that means, as high risky figures – and not as offenders. In this work it is presented this figure which has been constructed by the criminal policies and system in Germany during recent years, and has been co-constructed by the Constitutional Court in at least two cases: in the case of the acoustic home surveillance and in the case of the subsequent incapacitation order. Here is (critically) explained the internal logic and rationality which is leading this endanger law.

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