Iniuria Migrandi: Criminalization of Immigrants and the Basic Principles of the Criminal Law [Book Review]

Criminal Law and Philosophy 8 (3):635-657 (2014)
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Abstract

In this paper I am specifically concerned with a normative assessment, from the perspective of a principled criminal law theory, of norms criminalizing illegal immigration. The overarching question I will dwell on is one specifically regarding the way of using criminal law which is implied in the enactment of such kinds of norms. My thesis will essentially be that it constitutes a veritable abuse of criminal law. In two senses at least: first, in the sense that by criminalizing illegal immigration criminal law puts a ban on (certain categories of) persons, rather than on their actions/omissions, in a way in which a principled criminal law should not do; and—second—in the sense that the criminalization of illegal immigrants represents a perversion of the criminal law, being a case in which criminal norms are (unjustifiably) used as means to attain extrapenal aims

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Alessandro Spena
University of Palermo

Citations of this work

The Wrongs of Unlawful Immigration.Ana Aliverti - 2017 - Criminal Law and Philosophy 11 (2):375-391.

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References found in this work

Freedom and Resentment.Peter Strawson - 1962 - Proceedings of the British Academy 48:187-211.
Freedom and Resentment.Peter Strawson - 1982 - In Gary Watson (ed.), Free will. New York: Oxford University Press.
1. Freedom and Resentment.Peter Strawson - 1993 - In John Martin Fischer & Mark Ravizza (eds.), Perspectives on moral responsibility. Ithaca, NY: Cornell University Press. pp. 1-25.
The expressive function of punishment.Joel Feinberg - 1965 - The Monist 49 (3):397–423.

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