CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, April 17, 2017

Melissaris on Non-Citizens and Criminal Law

Emmanuel Melissaris (London School of Economics - Law Department) has posted Non-Citizens as Subjects of the Criminal Law on SSRN. Here is the abstract:

The article has a dual aim. The first is to contribute to the study of criminalisation at the border in Europe by outlining some ways in which Greek law organises the normative exclusion of at least one class of immigrants. Secondly, it tackles the theoretical question of whether such practices are justifiable. No sooner is a non-citizen involved in the criminal law that a web of duties and rights is activated marking the gradual inclusion of the non-citizen in the political community as its proper subject. This renders the differential treatment of non-citizens incoherent. The article also argues that it is both permissible and necessary for a state to treat non-citizens as the proper subject of the criminal law. The former because of the implicit consent provided by non-citizens; the latter out of the respect owed to citizens, whose normative position is impacted upon by their criminal law related interactions with non-citizens.

http://lawprofessors.typepad.com/crimprof_blog/2017/04/melissaris-on-non-citizens-and-criminal-law.html

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Comments

Thanks for information on Criminal law. Keep updating. I always follow.

Posted by: Lily Dove | Apr 17, 2017 11:53:35 PM

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