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The Borders of PunishmentMigration, Citizenship, and Social Exclusion$
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Katja Franko Aas and Mary Bosworth

Print publication date: 2013

Print ISBN-13: 9780199669394

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199669394.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 October 2021

Is the Criminal Law Only for Citizens?A Problem at the Borders of Punishment

Is the Criminal Law Only for Citizens?A Problem at the Borders of Punishment

(p.40) 2 Is the Criminal Law Only for Citizens?A Problem at the Borders of Punishment
The Borders of Punishment

Lucia Zedner

Oxford University Press

This chapter examines the place of the citizen in different conceptions of the criminal law, and explores the implications for those who are not citizens. It looks at debates in criminal law theory about the ‘problem’ of the non-citizen, which range from treating the non-citizen as a guest to whom hospitality is owed to treating him or her as a non-member of the legal community — an untrustworthy figure to whom lesser obligations are owed. It examines the tenets of Feindstrafrecht — a criminal law for enemies distinct from Bürgerstrafrecht, the criminal law only for citizens. It is argued that the centrality of citizenship to the criminal law and punishment poses intractable problems for those whose citizenship status is absent, in doubt, or irregular, and makes it possible to conceive of Feindstrafrecht, with all the adverse consequences that this entails.

Keywords:   citizenship, criminal law, non-citizens, punishment, Feindstrafrecht, enemies, Bürgerstrafrecht

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