Immigration Detention, Punishment and the Transformation of Justice

21 Pages Posted: 23 Apr 2018

See all articles by Mary Bosworth

Mary Bosworth

University of Oxford - Faculty of Law; University of Oxford - Border Criminologies

Date Written: 2018

Abstract

In this article, I examine the changing nature of punishment under conditions of mass mobility. Drawing on research conducted in immigration removal centres in the UK, I will show how porous boundaries between administrative penalties and criminal penalties have made the two systems co-constitutive and, in so doing, have drawn into question the liberal foundations of punishment. As foreigners face additional, administrative burdens and are subject to processes of differentiation and exclusion simply by virtue of their citizenship, I suggest, basic values of due process, fairness and equality of treatment and outcome, are drawn into question. As a consequence, justice itself is transformed.

Keywords: Administrative power, border criminology, immigration detention, mass mobility, punishment

Suggested Citation

Bosworth, Mary, Immigration Detention, Punishment and the Transformation of Justice (2018). Social & Legal Studies. 27(3); Criminal Justice, Borders and Citizenship Research Paper No. 3166856. Available at SSRN: https://ssrn.com/abstract=3166856

Mary Bosworth (Contact Author)

University of Oxford - Faculty of Law ( email )

University of Oxford - Border Criminologies ( email )

Manor Road Building
Manor Rd
Oxford, OX1 3UQ
United Kingdom

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