Suffering and the law: idioms and contradictions in asylum seeking

dc.contributor.advisor Frouville‏, Olivier de
dc.contributor.author Rossdale, Polly
dc.date.accessioned 2020-04-27T13:16:27Z
dc.date.available 2020-04-27T13:16:27Z
dc.date.issued 2009
dc.description Second semester University: Université de Montpellier en_US
dc.description.abstract The institution of asylum brings together two professional discourses: the Law and the Clinic. Each understands and constructs their subject, the asylum seeker, differently. This research suggests that ‘suffering’ is a common language between the discourses of the Law and the Clinic and the experience of the asylum seeker. The three groups construct suffering differently. The Law increasingly co-opts the Clinic but their separate disciplinary intentions may produce contradictions and the concepts which they deploy are sometimes mutually unintelligible. Using an ethnographic approach, conducting participant observation, interviews, questionnaires and discussions with asylum lawyers and asylum seekers, this research sets out to examine this disjuncture. This work first analyses the tenets used by the Law to deal with suffering in the asylum context - well-founded fear, persecution, torture and inhuman treatment - and juxtaposes them to those of the Clinic which in particular privileges ‘trauma’. It looks at how these play out in the practice of the lawyers who are ‘doing human rights’. It then adds the voices of the asylum seekers suggesting that their language and agency form an essential component of this tripartite relationship. In the current mis-match between the discourses of the Law and the Clinic and the subjectivity of the asylum seeker a new terrain can be envisaged. Mapping this provides an opportunity for creating a new space in which to implement human rights. en_US
dc.identifier.uri http://hdl.handle.net/20.500.11825/1266
dc.identifier.uri http://dx.doi.org/10.25330/172
dc.language.iso en en_US
dc.relation.ispartofseries EMA theses 2008/2009;60
dc.subject inhuman treatment en_US
dc.subject persecution en_US
dc.subject refugees en_US
dc.subject torture victims en_US
dc.title Suffering and the law: idioms and contradictions in asylum seeking en_US
dc.type Thesis en_US
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