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from Part I - Making the ‘Other’ – The Construction of ‘Otherness’
Published online by Cambridge University Press: 13 November 2020
This chapter introduces the mechanisms of deliberate or coincidental 'othering' of immigrants through law and the application of law. It starts by introducing what 'othering' means and then transplants the findings into the context of legislation and law. The chapter emphasizes the systemic 'otherness' of immigrants in a legal system defined by the nation state. Citizens are per definition in the in-group, whereas foreigners are per definition in the out-group. The chapter also addresses how the differentiation between foreigner and citizen is more complicated in the EU with its EU citizenship and free-movement rights. The chapter addresses the role of law as an amplifier of 'otherness' or as a tool for the inclusion of immigrants.
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