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Legal Responses to Mass Migration: From the Nineteenth Century to World War II

Legal Responses to Mass Migration: From the Nineteenth Century to World War II

Author: Luigi Nuzzo; Michele Pifferi; Giuseppe Speciale; Cristina Vano
Publisher: Routledge
ISBN: 9781032910130
Published In: April 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This volume explores the legal history of migration and the role played by legal theories, case law, practices, customary laws, and legislations in shaping and governing mobility between the 19th century and the Second World War. Based on different methodological approaches and sources, including archival documents, special courts’ decisions, diplomatic materials, legal journals and books, and international treaties, the chapters focus on countries of departure and destination both in Western and Eastern regions. Confronted with mass migration, Western legal science has been forced to rethink concepts and institutions such as borders, citizenship and the principle of territoriality. Special courts and administrative bodies were created to govern and control this new complex social phenomenon. This work, related to the national research project Legal History and Mass Migration: Integration, Exclusion, and Criminalization of Migrants in the 19th and 20th Century (Prin 2017), contributes to the investigation of the historical tensions between individual freedom of mobility and state sovereignty over border control. It contributes to the current public debate on ius migrandi – freedom of movement, or the right to migrate – showing the complexity of its historical dimension.

The book will be of interest to scholars in the fields of Legal History, Legal Theory, Sociology of Law, International Migration Law, Labor Law and Criminology, as well as those working on themes related to Forced Migration and Refugee Studies.

Chapter 16 of this book is available for free in PDF format as Open Access from the individual product page at www.taylorfrancis.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Introduction. Legal history and mass migration: paths and methods

Cristina Vano

Section I: Discourses

1. From Vitoria to Kant: a genealogy of ius migrandi

Eliana Augusti

2. Emigration and colonisation. The debate in Italy at the end of the nineteenth century

Giulio Abbate

3. Leaving Italy. Transoceanic migration and legal discourse in the city of Napoli (1901-1910)

Virginia Amorosi

4. The “peculiar paradox” of the criminalisation of Italian immigrants in Argentina in the late nineteenth century

Francesco Rotondo

5. The Kaleidoscopic 1905 of Mr. Justice Oliver Wendell Holmes. What two unrelated opinions could tell us about immigration law, American jurisprudence, and twentieth century exceptionalisms

Stefano Malpassi

Section II: Policies and institutions

6. The routes of child labour: juvenile emigration and police regulations between the nineteenth and twentieth centuries

Dolores Freda

7. The Società Umanitaria and Italian continental emigration: the entanglement between private regulation and official law

Giulia Di Giacomo

8. A first note about migrants and Italian legal devices against maritime syndicates in the early twentieth century

Alessandro Lalli

9. Changes in State and federal law and police against Italian organised crime: the New York case (1904-1914)

Francesco Landolfi

10. Refugee scholars from Nazi Germany and the impact of migration: what changed in the work of legal academics in exile and why?

Kaius Tuori

Section III: Legal practices

11. The only living Italian in Tianjin. Colonial governance and Sino-Italian relations at the beginning of twentieth century

Luigi Nuzzo

12. Attracting colonists from abroad: migration and legal regulation of labour in nineteenth century Brazil

Marjorie Carvalho de Souza

13. Justice and emigration: Italian emigrants and legal protection between the nineteenth and twentieth centuries

Alessia Maria Di Stefano

14. The protection of migrants in Italy in the proceedings of the Central Arbitration Commission for Emigration (1915-1929)

Stefano Vinci

15. Spanish republicans exiled in France: second-class Europeans for the French government

Enrique Roldán Cañizares

16. Exceptionality and common features of migration law in the age of mass migration

Michele Pifferi

References

Index

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