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Non-Citizens as Subjects of the Criminal Law

28 Pages Posted: 6 Apr 2017  

Emmanuel Melissaris

London School of Economics - Law Department

Date Written: February 21, 2017

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.

Suggested Citation

Melissaris, Emmanuel, Non-Citizens as Subjects of the Criminal Law (February 21, 2017). LSE Legal Studies Working Paper No. 2/2017. Available at SSRN: https://ssrn.com/abstract=2921023 or http://dx.doi.org/10.2139/ssrn.2921023

Emmanuel Melissaris (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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