The Reach of the Realm

16 Pages Posted: 6 May 2020 Last revised: 7 May 2020

Date Written: May 6, 2020

Abstract

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

Suggested Citation

Ferzan, Kimberly Kessler, The Reach of the Realm (May 6, 2020). forthcoming Criminal Law and Philosophy; Virginia Public Law and Legal Theory Research Paper No. 2020-40. Available at SSRN: https://ssrn.com/abstract=3594507

Kimberly Kessler Ferzan (Contact Author)

University of Virginia, School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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