The Reach of the Realm
forthcoming Criminal Law and Philosophy
Virginia Public Law and Legal Theory Research Paper No. 2020-40
16 Pages Posted: 6 May 2020 Last revised: 7 May 2020
Date Written: May 6, 2020
In The Realm of Criminal Law, Antony Duff argues that the criminal law’s realm is bounded by territory. This is because a polity decides what it cares about in crafting its civic home, and it extends its rules and hospitality to guests (non-citizens). I question whether the most normatively attractive conception of a Duffian polity would be bounded by territory, or whether it would exercise far more extensive jurisdiction over its citizens wherever in the world they may be (active personality) and over harm to its citizens/interests wherever in the world the attacks occur (passive personality).
Keywords: Antony Duff; criminal law; criminalization
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