Not Drowning, Waving: Images, History, and the Representation of Asylum Seekers
Date
2016
Authors
Manderson, Desmond
Journal Title
Journal ISSN
Volume Title
Publisher
ANU Press
Abstract
Since Jeremy Bentham 200 years ago, the concept of law in the developed world has been dominated by a thoroughgoing consequentialism. The purpose of the law, according to Bentham and all those who follow in his footsteps, can be summed up in a single word: utility.
Law is thought of not as a symbolic or normative structure so much as a system that causes changes in behaviour by instilling pain or pleasure. This consequentialist logic is based on the assumption that we know, by and large, what effects flow from what causes and can therefore accurately calibrate the consequences on behaviour
of any particular legal change. Our actions are intentional and their consequences are predictable. Of course, this is precisely the arrogance behind such a philosophy. Migration law provides a rich tapestry to demonstrate the ways in which our legal intentions and actions bear many, and often gravely counter-productive, fruit. The pages of this
volume are devoted to demonstrating the futility, paradox, or irony of a more complex relationship between intention and consequence.
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Source
Unintended consequences - the impact of migration law and policy
Type
Book chapter
Book Title
Unintended consequences - the impact of migration law and policy
Entity type
Access Statement
Open Access via publisher website