ABSTRACT
This chapter explores the emergence of asylum, how it adapted in response to different needs over time, in particular the needs of states, and the way in which the different forms of asylum, described below, receded or came to dominate, depending on historical and political necessity. It begins with an outline of the origins of asylum, then moves chronologically through European history, chronicling the development of the state and its use of asylum.1 As a result of this retelling of asylum’s history, certain features emerge, conditions that are necessary for the granting of asylum: separate jurisdictions; parity of power; and an advantage to the asylum-granting body This advantage can take varying forms-political, economic or demographic-depending on the demands of changing circumstances. Granting asylum can be a means of undermining one’s enemies, gaining skills and labour, augmenting a declining population or legitimating one regime over another. Where no such advantage is evident, or where the costs of granting asylum outweigh the benefits, asylum has fallen into disuse. This has happened only occasionally, as we show, and only to specific types of asylum at particular times-territorial asylum during the Roman Empire and church asylum more recently in Europe (though it is now being revived).
