Iniuria Migrandi: Criminalization of Immigrants and the Basic Principles of the Criminal Law |
| |
Authors: | Alessandro Spena |
| |
Affiliation: | 1. University of Palermo, Via Maqueda 172, Palermo, Italy
|
| |
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. |
| |
Keywords: | |
本文献已被 SpringerLink 等数据库收录! |
|