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Law calls communities into being and constitutes the "we" it governs. This act of defining produces an outside as well as an inside, a border whose crossing is guarded, maintaining the identity, coherence, and integrity of the space and people within. Those wishing to enter must negotiate a complex terrain of defensive mechanisms, expectations, assumptions, and legal proscriptions. Essentially, law enforces the boundary between inside and outside in both physical and epistemological ways.Law and the Stranger explores the ways law identifies and responds to strangers within and across borders. It analyzes the ambiguous place strangers occupy in communities not their own and reflects on how dealing with strangers challenges the laws and communities that invite or parry them. As the book reveals, strangers are made through law, rather than born through accidents of geography.
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Law and the Stranger The Amherst Series in Law, Jurisprudence, and Social Thought edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey Law and the Stranger Edited by AUSTIN SARAT Lawrence Douglas Martha Merrill Umphrey S TAN F O RD L AW b oo k s An imprint of Stanford University Press . Stanford, California Stanford University Press Stanford, California © 2010 by the Board of Trustees of the Leland Stanford Junior University No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or in any information storage or retrieval system without the prior written permission of Stanford University Press. Library of Congress Cataloging-in-Publication Data Law and the stranger / edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey. ╇╇╇╇╇ p. cm. — (The Amherst series in law, jurisprudence, and social thought) ╇╇ Includes bibliographical references and index. ╇╇ isbn 978-0-8047-7154-2 (cloth : alk. paper) ╇╇ 1.╇ Aliens.╇ 2.╇ Emigration and immigration law—Philosophy.╇ 3.╇ Law—Philosophy.╇ 4.╇ Sociological jurisprudence.╇ I.╇ Sarat, Austin.╇ II.╇ Douglas, Lawrence.╇ III.╇ Umphrey, Martha Merrill.╇ IV.╇ Series: Amherst series in law, jurisprudence, and social thought. k3274.l39 2010 342.08'3—dc22╇╇╇╇╇╇ 2009052925 Printed in the United States of America on acid-free, archivalquality paper Typeset at Stanford University Press in 10/14.5 Minion For my son Ben with love and the hope that he finds a world of hospitality (AS) Acknowledgments The essays contained in this book were originally prepared for and presented as a seminar series at Amherst College. We are grateful to our Amherst College colleagues David Delaney, Nasser Hussain, and Adam Sitze for their intellectual companionship. We thank our students in Amherst College’s Department of Law, Jurisprudence and Social Thought for their interest in the issues addressed in this book. Finally, we would like to express our appreciation for generous financial support provided by Amherst College. Contents cont r ibu tors Negotiating (with) Strangers aust in sar at, l aw rence d oug l as, and martha mer r il l umphrey xi 1 Necessary Strangers: Law’s Hospitality in the Age of Transnational Migrancy pheng cheah 21 The Strangers in Ourselves: The Rights of Suspect Citizens in the Age of Terrorism ro gers m. smith 65 Strangers Within: The Barghouti and the Bishara Criminal Trials le or a bilsk y 96 Conflict of Laws and the Legal Negotiation of Difference paul schiff b er man 141 Who’s the Stranger? Jews, Women, and Bastards in Daniel Deronda hil ary m. schor 180 Of Stranger Spaces kenji yoshino 211 index 237