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Non-citizens as subjects of the criminal law

Melissaris, Emmanuel (2017) Non-citizens as subjects of the criminal law. LSE Law, Society and Economy Working Papers (02/2017). London School of Economics and Political Science, Department of Law, London, UK.

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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 noncitizens 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 noncitizens.

Item Type: Monograph (Working Paper)
Official URL: http://www.lse.ac.uk/collections/law/wps/index.htm
Additional Information: © 2017 The Author
Divisions: Law
Subjects: H Social Sciences > HV Social pathology. Social and public welfare. Criminology
K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 11 Apr 2017 10:50
Last Modified: 23 May 2020 23:33
URI: http://eprints.lse.ac.uk/id/eprint/73413

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