Search results for "Public harms and collective harm"

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A Just Criminalization of Irregular Immigration: Is It Possible?

2015

The aim of this paper is to question, from the perspective of a principled theory of criminalization, the legitimacy of making irregular immigration (IM) a crime. In order to do this, I identify three main ways in which the political decision to introduce a crime of IM may be defended: according to the first, IM is a malum in se the wrongness of which resides in its being a violation of states’ territorial sovereignty; according to the second, IM is a justified malum prohibitum the wrongness of which resides in its being a violation of a justified immigration regulation; according to the third, IM is a malum in se the wrongness of which resides in its harmful consequences for receiving stat…

Settore IUS/20 - Filosofia Del DirittoPublic harms and collective harmmedia_common.quotation_subjectImmigration0603 philosophy ethics and religionCriminalizationTerritorial sovereignty and “home analogy”SovereigntyState (polity)ArgumentSociologyAntony Duff’s account of mala prohibita crimeLegitimacy0505 lawmedia_common050502 lawIrregular immigration (IM)05 social sciences06 humanities and the artsPhilosophyHarmLaw060302 philosophyAccumulative harmfulness versus precautionary responsibilityPhilosophy of lawCriminalization theoryLawSettore IUS/17 - Diritto Penale
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