Clamouring for Legal Protection: What the Great Books Teach Us About People Fleeing from Persecution

Author:   Robert F Barsky (Vanderbilt University)
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509943142


Pages:   336
Publication Date:   26 January 2023
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Clamouring for Legal Protection: What the Great Books Teach Us About People Fleeing from Persecution


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Overview

In this novel approach to law and literature, Robert Barsky delves into the canon of so-called Great Books, and discovers that many beloved characters therein encounter obstacles similar to those faced by contemporary refugees and undocumented persons. The struggles of Odysseus, Moses, Aeneas, Dante, Satan, Dracula and Alice in Wonderland, among many others, provide surprising insights into current discussions about those who have left untenable situations in their home countries in search of legal protection. Law students, lawyers, social scientists, literary scholars and general readers who are interested in learning about international refugee law and immigration regulations in home and host countries will find herein a plethora of details about border crossings, including those undertaken to flee pandemics, civil unrest, racism, intolerance, war, forced marriage, or limited opportunities in their home countries.

Full Product Details

Author:   Robert F Barsky (Vanderbilt University)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 2.50cm , Length: 23.40cm
Weight:   0.454kg
ISBN:  

9781509943142


ISBN 10:   1509943145
Pages:   336
Publication Date:   26 January 2023
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction: Opening Up the Great Books I. Canons, Great Books and Classics II. 'Popular' Culture III. From Cultural Reflection to Legal Protection IV. Why Fiction? What About the Real World? V. From Escapism to Engagement VI. From Empathy to Revelation 1. Spreading Disease, or Inoculating Us from Intolerance? I. Pandemics in Literature and Culture A. The Arc of Disease, Suffering and Death II. The Foreignness of Diseases III. The Rhetoric of Blame A. From Vulnerable to Unwanted and Diseased IV. The Plague V. From Symptoms to Panic VI. Creating Empathy VII. Limbo and the Will to Move Around VIII. From Quarantines to Quarrels to Empathy? IX. Art in the Time of Cholera X. Crossing the Border into Obscenity XI. Predicting Post-Pandemic Politics 2. Following Pathways, Networks and Guides I. The Cessation Clause II. Following Intermediaries in Religious Texts III. Human Smugglers IV. Language Issues and Displacement V. Pursuing the Land of Milk and Honey VI. Divine Intermediaries and Shift s to Immigration Policy VII. Guides from Behind the Veil VIII. Intermediaries to Eden IX. From Freedom Fighter to Refugee X. From Civil War to Hell XI. A Reluctant Follower XII. Fleeing with Loved Ones XIII. The Purposeless Quest XIV. Constantly on the Road XV. The Search for Treasure XVI. The Promised Land 3. Opening Doors and Scaling Walls I. From Protection to Integration II. From Victim to Slave III. Supplicating Before the Gatekeeping King IV. Consulting Constituents on Border Policy V. Opening the Right Doors VI. Doors, Doorways and the People Hidden Behind Them VII. Before the Law VIII. Ill-Advised Strategies for Opening Doors IX. Real-World Gatekeeping X. Rights at the Border XI. Behind Closed Doors XII. Doors Towards Metaphysical Voyages 4. Confronting Inhospitable Spaces and Hostile Hosts I. Storms, Floods and the Purging of Unwanted Civilisations II. The Romantic Refugee III. Mary and Percy Shelley: Feminist and Atheist IV. Refugees in a Time of Climate Change A. Mary Shelley, Victor Frankenstein and His Monster: Climate Refugees B. Percy Shelley's Perspective on Climate and Geomorphology C. Lord Byron: Catastrophism, Climate Change and Ensuing Darkness V. From Creation of the Earth to Apocalypse VI. Being Misled into the Wrong Paradise VII. Finding Revelation Instead of Refuge VIII. From Persecution to Punishment IX. Chance Encounters X. Finding Hell XI. Transformation into Darkness 5. Encounters with Aliens, Monsters and Terrorists I. Monsters in the Great Tradition II. Insidious Monsters in the (Real) World III. First Encounters IV. The Monstrous Unfamiliar V. A Refugee Amongst Refugees VI. Confronting Your Neighbour: The Monster VII. Identifying the Monsters, then Living with Them Conclusion: From Persecution to Wonderland

Reviews

Clamouring for Legal Protection is a must-read for any current or aspiring attorney. This insightful book demonstrates the crucial need to go beyond the law to be a good lawyer. By conducting an in-depth study of the Great Books, Barsky not only proves the existence of a timeless tradition of seeking refuge and providing asylum, but he also reminds us of the power of literature to evoke empathy and self-actualization. -- Ana Luquerna, The International Court of Justice * Yale Journal on Regulation * Barsky’s book … underscores literature’s power to expose, inform and sensitize and promote empathy, recognition and identification. -- Steven Mintz, University of Texas at Austin * Inside Higher Ed * Barsky brings to the project a rare combination of expertise in world literature and refugee law … Drawing on a truly impressive variety of texts spanning the classical to the contemporary and a collection of images and illustrations in the books he discusses, he provides remarkable insight into central questions about refuge, migration, strangers, and protection. -- Amy Shuman, The Ohio State University * Human Rights Quarterly * A book exploring forced migration in great novels and what it can tell us about contemporary legal processes for refugees is a much-needed addition to the literature. While the field of law and literature is now quite rich, books and articles that explore this relationship in the context of refugees and migrants are rather thin on the ground … Robert Barsky’s book promises to go some way to rectifying this gap. He has a distinguished record as a writer and teacher on the experience of refugeehood, and, as is evident in this book, he has a passion for literature. -- Simon Behrman * International Journal of Refugee Law * Until Barsky’s book there have been few resources to tie the important legal skills of narrative theory and storytelling to the context of immigration law. Clamouring for Legal Protection’s connection of immigration law to literature is unique, insightful, and a much-needed addition toward advancing the Kafkaesque, David-versus-Goliath struggle for immigrant justice. -- Cori Alonso-Yoder * Journal of Legal Education * There is plenty on offer here to delight and surprise readers … Some of the connections that Barsky draws between literary texts and characters are also highly thought-provoking in ways relevant for the migrant and refugee themes … the literary works are themselves typically described in enough detail (and indeed quoted at sufficient length) that even those with no prior knowledge can appreciate their relevance to the point being made. For all the reasons given above, Clamouring for Legal Protection is an enjoyable book and one worth spending time with. -- David Gurnham, University of Southampton * Law and Humanities * Clamouring for Legal Protection provides a humanistic lens through which to view the complex realms of refugee law and border studies. By showing how well-known characters from canonical works face obstacles that resemble those facing contemporary refugees, Barsky is able to create empathy for people who are often denigrated or shunned as ‘outsiders’, rather than welcomed as inspiring contributors to host societies. * Deborah Anker, Clinical Professor of Law and Founder of the Immigration and Refugee Clinical Program, Harvard Law School, USA * Barsky adeptly draws out how the experiences of literary characters we may have known since childhood can help us understand the challenges faced by migrants today … The preface and introductory chapters are well worth reading on their own for Barsky’s discussions of the role of literature, and issues/debates around ‘canons’ and ‘canonisation’ in literature … In reading Barsky’s book I have indeed found myself reflecting anew on stories and characters I thought I knew so well, and have found a new reason to re-engage with literature. -- Natasha Saunders, University of St Andrews * Border Criminologies * With stunning erudition, Barsky follows the trajectory of vulnerable migrants (asylum seekers, temporary migrant workers, undocumented migrants…) and combines the ‘Great Books’ of world literature with contemporary legal tenets to explore the complexity of their predicament, demonstrating that, throughout history, many individuals follow the ancient tradition of hospitality and protect migrants, but, swayed by populist identity politics, many societies blame migrants for their ills, foster hostile environments and show ‘mountainish inhumanity’. * François Crépeau, Professor of Public International Law, McGill University, Canada * Published on the 70th anniversary of the 1951 Convention relating to the Status of Refugees, Clamouring for Legal Protection reminds us that escape from untenable situations and the search for asylum are not only rooted throughout the course of human history but also embedded in the iconic characters and universal themes of the great literary works that reflect our common humanity. * Bill Frelick, Director, Refugee and Migrant Rights Division, Human Rights Watch, USA *


Clamouring for Legal Protection provides a humanistic lens through which to view the complex realms of refugee law and border studies. By showing how well-known characters from canonical works face obstacles that resemble those facing contemporary refugees, Barsky is able to create empathy for people who are often denigrated or shunned as 'outsiders', rather than welcomed as inspiring contributors to host societies. --Deborah Anker, Clinical Professor of Law and Founder of the Immigration and Refugee Clinical Program, Harvard Law School, USA With stunning erudition, Barsky follows the trajectory of vulnerable migrants (asylum seekers, temporary migrant workers, undocumented migrants...) and combines the 'Great Books' of world literature with contemporary legal tenets to explore the complexity of their predicament, demonstrating that, throughout history, many individuals follow the ancient tradition of hospitality and protect migrants, but, swayed by populist identity politics, many societies blame migrants for their ills, foster hostile environments and show 'mountainish inhumanity'. --Francois Crepeau, Professor of Public International Law, McGill University, Canada Published on the 70th anniversary of the 1951 Convention relating to the Status of Refugees, Clamouring for Legal Protection reminds us that escape from untenable situations and the search for asylum are not only rooted throughout the course of human history but also embedded in the iconic characters and universal themes of the great literary works that reflect our common humanity. --Bill Frelick, Director, Refugee and Migrant Rights Division, Human Rights Watch, USA


Author Information

Robert F Barsky is a Guggenheim Fellow and Professor of Humanities, with a Joint Appointment in the Law School at Vanderbilt University, USA. Clamouring for Legal Protection was supported by a Rockefeller Bellagio Writing Residency, and a Canada Research Chair.

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