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Journal of Applied Philosophy
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A Criminal Law for Semicitizens

Authors: Ivó Coca‐Vila; Cristián Irarrázaval;

A Criminal Law for Semicitizens

Abstract

ABSTRACTA significant number of influential philosophical theorists of punishment argue that only those who enjoy the status of citizenship in a political community can legitimately be punished by that polity. Yet, the strength of this approach wanes when these scholars treat individuals who clearly do not respond to their idealised conception of citizenship (such as asylum seekers, disenfranchised offenders, and tourists) as if they were fully fledged citizens. This article argues that ‘citizen criminal law’ can only be theoretically feasible in today's world if it abandons the binary position between ‘full citizens’ and ‘noncitizens’ and recognises the everlasting presence of certain types of ‘semicitizens’. Thus, citizenship should be conceived as a scalar phenomenon. Based on a typological approach to the different forms of semicitizenship, we argue that the strength of the political bond between offenders and the political community must be considered when gauging punishment severity. The weaker the bond, the more lenient the punishment should be.

Countries
Spain, Germany
Keywords

340, Nacionalitat, Dret penal -- Legislació

  • BIP!
    Impact byBIP!
    citations
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    4
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Top 10%
Average
Average
Green
hybrid