Suchergebnisse

Abstract
Current challenges to the traditionally privileged position of law in both refugee policy and refugee studies invite scholars to consider carefully the approach we take to our craft. This article argues that refugee law scholarship is surrounded by thin walls, as researchers broker the 'dual imperative' to simultaneously advance knowledge and protection in a field heavily influenced by policy interests and networks of practitioners that actively take part in, and promote, scholarly production. These close links between the field and the policy world continue to shape research agendas, methodologies, and scholarly positions. This article draws from Bourdieusian field theory and legal sociology to offer a prism through which to look at the forces that influence refugee law research and to consider their implications for scholarship. It is argued that greater sensitivity to the underlying dynamics of our profession is essential, not only to ensure more inclusivity in the community of scholars and expand the current canon of refugee law, but ultimately to sustain claims to policy relevance.

This article examines the political and legal processes through which human rights and migration law have become confounded – what we in this article more generally refer to as regime entanglement. Regime entanglement implies that different areas of law not only interact but are more fundamentally entwined and mutually impacted. Human rights and migration have historically had distinct trajectories in European law and politics, but the recent coupling of the two, we argue, have transformed both. Migration law has gained legal momentum and judicial empowerment from increasingly engaging human rights law and institutions; human rights law has gained legitimacy for its universalist aspirations by developing, albeit slowly, a jurisprudence on non-nationals' rights. Yet, the coupling has also been politically contentious – at times even explosive – which has in turn challenged both fields of law. Although this entanglement is a general European development, the article applies a more situated approach, using Denmark as a case for understanding how these two legal regimes have been implemented and interacted in national law and politics.