{"title":"Legal borderlands in the global economy of care","authors":"Miriam Bak McKenna, Maj Grasten","doi":"10.1080/20414005.2022.2081911","DOIUrl":null,"url":null,"abstract":"ABSTRACT This article examines the role of law in the global economy of care. Drawing upon decolonial theory, transnational labour law, and scholarship in International Political Economy (IPE), it develops the concept of legal borderlands and applies it to an analysis of outsourcing domestic care work to female migrant workers in the Danish au pair scheme. The article argues that law constructs liminal legal subjects with limited rights who are ambiguously situated at the intersection of different legal regimes by differentiating between public/private, work/non-work, and citizen/migrant. These differentiations displace legal subjects outside the scope of labour law protection. The case reflects broader labour market trends of increasing flexibility and deregulation, and the complex transnational interplay of law and migration policies. Legal borderlands is a transnational space of socio-legal relations sitting at the intersection of, and in frictions between legal regimes and hierarchies of oppression, including race, gender, and migrant status.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"131 - 156"},"PeriodicalIF":0.0000,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2022.2081911","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 1
Abstract
ABSTRACT This article examines the role of law in the global economy of care. Drawing upon decolonial theory, transnational labour law, and scholarship in International Political Economy (IPE), it develops the concept of legal borderlands and applies it to an analysis of outsourcing domestic care work to female migrant workers in the Danish au pair scheme. The article argues that law constructs liminal legal subjects with limited rights who are ambiguously situated at the intersection of different legal regimes by differentiating between public/private, work/non-work, and citizen/migrant. These differentiations displace legal subjects outside the scope of labour law protection. The case reflects broader labour market trends of increasing flexibility and deregulation, and the complex transnational interplay of law and migration policies. Legal borderlands is a transnational space of socio-legal relations sitting at the intersection of, and in frictions between legal regimes and hierarchies of oppression, including race, gender, and migrant status.
期刊介绍：
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.
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