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Agency and vulnerability in the field of immigration law: a linguistic‐ethnographic perspective on lawyer–client interaction

Authors :
Jacobs, Marie
Maryns, Katrijn
Source :
JOURNAL OF LAW AND SOCIETY
Publication Year :
2022
Publisher :
Wiley, 2022.

Abstract

Migrants are often perceived as a group of vulnerable victims, especially within a legal context such as the one in this study: lawyer-client consultations in the field of immigration law. The literature describes how institutional limitations often translate into asymmetric lawyer-client dynamics. The linguistic-ethnographic data gathered for this study shows, however, that the reality is more complex. In operationalizing the concept of agency, this study focuses on the dynamic-relational nature of power differences, which implies a move away from the binary conceptualization of structure and agency. The ethnographic lens helps to unpack agency and reveals a picture of strategic behaviour that is contextually embedded and multi-layered. In this light, the performance of agency and vulnerability is shown to be (1) interactionally achieved, (2) indicative of an awareness of macro-level processes, and (3) reflective of the philosophy behind the authorities' migration management.

Details

ISSN :
14676478 and 0263323X
Volume :
49
Database :
OpenAIRE
Journal :
Journal of Law and Society
Accession number :
edsair.doi.dedup.....11ee8cf139e6ae2ddfde1cf79c41cd4c
Full Text :
https://doi.org/10.1111/jols.12385