Since the end of the Second World War, the criminal law of Western states has tried to legitimate itself, in basically democratic-republican terms, as primarily addressed towards citizens. During approximately the last 20 years, however, new dimensions of criminal law have emerged, which refer paradigmatically (not to the citizen, but) to the foreigner and subject him/her to worse legal treatment than that which is considered legitimate when either citizens or ‘good’ foreigners are concerned. Next to the ideal-type of the citizen criminal law (also applicable, by assimilation, to the ‘good’ foreigner) a criminal law for ‘ugly’ mass-foreigners (crimmigration) and one for ‘bad’ foreigners (enemy criminal law) have their place. This paper is an attempt to critically reconstruct these alternative legitimating models, so as to let their deeper and underlying logic emerge from their explicit argument.

Spena, A. (2018). The good, the bad and the ugly: images of the foreigner in contemporary criminal law. INTERNATIONAL JOURNAL OF MIGRATION AND BORDER STUDIES, 4(4), 287-302 [10.1504/IJMBS.2018.096752].

The good, the bad and the ugly: images of the foreigner in contemporary criminal law

Spena, A.
2018-01-01

Abstract

Since the end of the Second World War, the criminal law of Western states has tried to legitimate itself, in basically democratic-republican terms, as primarily addressed towards citizens. During approximately the last 20 years, however, new dimensions of criminal law have emerged, which refer paradigmatically (not to the citizen, but) to the foreigner and subject him/her to worse legal treatment than that which is considered legitimate when either citizens or ‘good’ foreigners are concerned. Next to the ideal-type of the citizen criminal law (also applicable, by assimilation, to the ‘good’ foreigner) a criminal law for ‘ugly’ mass-foreigners (crimmigration) and one for ‘bad’ foreigners (enemy criminal law) have their place. This paper is an attempt to critically reconstruct these alternative legitimating models, so as to let their deeper and underlying logic emerge from their explicit argument.
2018
Spena, A. (2018). The good, the bad and the ugly: images of the foreigner in contemporary criminal law. INTERNATIONAL JOURNAL OF MIGRATION AND BORDER STUDIES, 4(4), 287-302 [10.1504/IJMBS.2018.096752].
File in questo prodotto:
File Dimensione Formato  
IJMBS040401 SPENA_193595.pdf

Solo gestori archvio

Dimensione 325.97 kB
Formato Adobe PDF
325.97 kB Adobe PDF   Visualizza/Apri   Richiedi una copia

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10447/322571
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact