The "Othering" process: exploring the instrumentalisation of law in migration policy
Bibliographic record
Abstract
Migration law and policy are clearly committed to the state (and its citizens) at the expense of the migrant. Receiving societies regard the migrant as a threat to the order and unity of national identity but the migrant is, in fact, also constitutive of that order and unity. This reveals a paradoxical relationship of the migrant to law. Questions of identity and alterity occupy a pivotal place in investigations related to the treatment of the migrant subject. Identity is a construct which is indeterminate and relational. This construct of the migrant brings to the fore the dependence of the migration system on the image of the migrant as repressed and marginalized. Within the international legal system, definitional discourses regarding forced/voluntary migration also have serious identity and policy related implications. The exclusion of migrants who does not fit within the narrow “boxes” of international migration law occurs precisely because international law cannot develop its ideal self-image without a caste of international refusés. Like the nation-state, international migration law achieves parts of its legitimacy through exclusion. International migration law also provide an escape mechanism which the state can access in order to advance its political goals. Both domestically and internationally, migrants are subjected by the legal discourse on migration to a form of violence which suppresses their humanity. Migrants are commandeered to help constitute the identity of international law and national societies. This de-ethicalizes the relationship with the migrant by negating the migrant’s autonomous nature. It therefore becomes necessary to introduce the ethics of alterity in law and to move the migrant back into the centre of the migration discourse. A significant way to do this is to be aware of the violence which is perpetrated upon the migrant and to work towards the elaboration of a less state-centred system open to constant reconsideration.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.022 | 0.025 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.017 | 0.072 |
| Scholarly communication | 0.018 | 0.024 |
| Open science | 0.004 | 0.012 |
| Research integrity | 0.010 | 0.010 |
| Insufficient payload (model declined to judge) | 0.013 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".