ABSTRACT

This chapter asks whether it is possible to remedy the system based on distinction into orderly and disorderly mobility with the recourse to law that is in its substance excluding and rooted in modernity/coloniality. In this chapter I approach resistance as an inherent and necessary element of every power relation characterized by resistive tension between mobility and stasis. I discuss the relationship between law and resistance in the context of orderly mobility, focusing on traditional ways of mobilizing law within the limits of the nation-state and its borders. Then I move to discuss law and resistance in the context of disorderly mobility, where mobility becomes an act of resistance against law, rooted in the act of movement itself. Finally, I deconstruct the distinction between resistance from within and outside law by reference to the mobility of law and its potential for emancipatory change.