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The wrongs of unlawful immigration
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Aliverti, Ana J. (2017) The wrongs of unlawful immigration. Criminal Law and Philosophy, 11 (2). pp. 375-391. doi:10.1007/s11572-015-9377-y
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Official URL: http://dx.doi.org/10.1007/s11572-015-9377-y
Abstract
For too long, criminal law scholars overlooked immigration-based offences. Claims that these offences are not ‘true crimes’ or are a ‘mere camouflage’ to pursue non- criminal law aims deflect attention from questions concerning the limits of criminalization and leave unchallenged contradictions at the heart of criminal law theory. My purpose in this paper is to examine these offences through some of the basic tenets of criminal law. I argue that the predominant forms of liability for the most often used immigration offences are, at least in principle, controversial and depart from what is often presented as the paradigm in criminal law. Above all, immigration offences are objectionable because they fall short in fulfilling the harm principle and, given that criminal punishment as used against immigration offenders is often a secondary, ancillary sanction to deportation, they license excessive imposition of pain.
| Item Type: | Journal Article | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Subjects: | K Law [Moys] > KM Common Law, Public Law | ||||||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||||||
| Library of Congress Subject Headings (LCSH): | Emigration and immigration law, Criminal justice, Administration of, Criminal law, Immigration enforcement, Immigrants | ||||||||
| Journal or Publication Title: | Criminal Law and Philosophy | ||||||||
| Publisher: | Springer Verlag | ||||||||
| ISSN: | 1871-9791 | ||||||||
| Official Date: | June 2017 | ||||||||
| Dates: |
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| Date of first compliant deposit: | 28 July 2016 | ||||||||
| Date of first compliant Open Access: | 28 July 2016 | ||||||||
| Volume: | 11 | ||||||||
| Number: | 2 | ||||||||
| Page Range: | pp. 375-391 | ||||||||
| DOI: | 10.1007/s11572-015-9377-y | ||||||||
| Status: | Peer Reviewed | ||||||||
| Publication Status: | Published | ||||||||
| Access rights to Published version: | Restricted or Subscription Access |
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