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In the Name of the Law: A Study of Undocumented Immigrants’ Experience of Legal Violence

Derakhshan, Roya; Chowdhury, Rashedur; (2023) In the Name of the Law: A Study of Undocumented Immigrants’ Experience of Legal Violence. In: Academy of Management Annual Meeting Proceedings Vol: 2023 no: 01. Academy of Management Green open access

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Abstract

We study the lived experience of undocumented immigrants in Italy through the lenses of various immigration laws and associated legal frameworks. By doing so, we also examine the adequacy of current moral guidelines and principles that define the normative ground rules for protecting undocumented immigrants. We find that, despite their acquired social legitimacy, immigration laws and frameworks often generate legal violence. The multifaceted and complex nature of legal violence can undermine core moral values and manifest in three key mutually reinforcing forms: normative violence, symbolic violence, and identity violation. Our study reveals that undocumented immigrants’ experience of legal violence is mainly due to moral precepts that fail to provide explicit moral clarities according to context-specific complexities. We find that moral issues embedded in convoluted forms of violence can be addressed through transformation processes such as reforming legal institutions and frameworks. More importantly, to counter legal violence in organizational and societal settings, we require an integrative moral and legal system. By this we mean that every single law and decree that is developed in this regard, as well as the way it is executed by powerful actors and institutions in the society, must conform to the micro moral principles of organizations. The aggregate of these reforms (through micro principles actions) has to be aligned with macro boundaries set by core human values that shape moralities in broader societies.

Type: Proceedings paper
Title: In the Name of the Law: A Study of Undocumented Immigrants’ Experience of Legal Violence
Open access status: An open access version is available from UCL Discovery
DOI: 10.5465/AMPROC.2023.16237abstract
Publisher version: https://doi.org/10.5465/AMPROC.2023.16237abstract
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL BEAMS
UCL > Provost and Vice Provost Offices > UCL BEAMS > Faculty of the Built Environment
URI: https://discovery.ucl.ac.uk/id/eprint/10186273
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