Theoretical Considerations on the Law

This chapter explores the intricate relationship between law and culture in the context of migration. Challenging traditional legal positivist perspectives, it positions law as a constitutive element of culture. The chapter examines law’s role in constructing, communicating, and reproducing social values and worldviews. It analyzes how law shapes societal expectations of migrants, influencing acculturation, adaptation, and inclusion. Incorporating insights from Critical Legal Studies and legal phenomenology, the chapter emphasizes law’s political nature and its impact on migrant experiences. A concept of the “legal-institutional environment” is proposed as a framework for understanding the complex interplay between law, culture, and migration.