Building Walls, Constructing Identities

Despite growing political, social, and economic integration between countries over the last two decades, states have erected walls at their borders at a pace unmatched in history. Nonetheless, legal scholarship on the phenomenon of walling is sparse, as the walls are seen as existing independently of the law. Building Walls, Constructing Identities uses the U.S.-Mexico border wall as a frame to provide a new understanding of the relationship between the law and wall building.


Increasingly, law is recognized as emerging from whatever knowledge is privileged in a given context, and that it is legislated by people with cultural biases. In other words, it is never a neutral set of rules, just as walls are never neutral structures. Marie-Eve Loiselle expands on this trend, arguing that the dynamic interaction between law and wall-building reveals insights about space, belonging, and national identities. Informed by two episodes of wall-building in American history—the Act of August 19, 1935, and the Secure Fence Act of 2006—the book identifies two discursive processes by which the law and the wall come together to communicate legal knowledge about territorial and cultural limits.