Scribd
Upload
11 views3 pages

Week 6

Uploaded by

Abi Lacey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
11 views3 pages

Week 6

Uploaded by

Abi Lacey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Week 6: Global punishment and ‘global’ penal values

Lecture 1: Reading Notes

Lecture 1: Citizenship deprivation and ‘global’ punishment

Is criminal law only for citizens?


• Criminal law in bounded political communities: duties and obligations, criminal law
as ‘public law’
• Two-tracked criminal law: robust, rights-based, and ‘inclusive’ for ‘us’, and basic,
‘exclusive’ for ‘them’
• Citizenship status as a ‘protective’ status: ‘proper’ criminal law only for citizens

Renunciation of citizens
• However, some contemporary penal instruments blurring the distinction between ‘us’
and ‘them’ just described
• Citizens being treated as foreigners by being excluded from their polities
• This form of punishment distinctive from other forms of punishment as it undermines
penal principles (similarly to crimmigration offences)
• (Ab)use of criminal law for other purposes?
• Why? Communitarianism (racism) or liberalism (different values)?
• Effects: individual and social

‘Global’ punishment: punishment in global spaces


• Occurring in third countries
• No rights guarantees
• Exporting security threats and relieving countries from responsibility and
accountability
• Neo-colonial tendencies
• Global ‘outlaws? Similar (already existing) cases and examples?

Citizens or foreigners?
• How should countries respond when their citizens ‘break’ the common bonds? What
behaviour amounts to a break of ties?
• Are they victims or offenders? Both? None?
• Is exclusion ever legitimate? Or should such individuals be prosecuted and
reintegrated?
• What role is played by race, religion, ethnicity in deciding on appropriate response?

Revision questions
• Given the instances of denationalization, does citizenship still serve its protective
function?
• What should we do about people who have gone abroad to fight?
• Where should the boundary between citizens and non-citizens be drawn? Think about
the Leonora – what makes her (or does not make her) a German citizen?

Lecture 2: reading notes

Lecture 2: ‘Global’ penal values?

Key presumption: Universality and cosmopolitanism


• The notion that the whole of humanity can and should apply universal standards and
ideas in the realm of global crime and justice
• Prompted by things such as: universal human rights, global justice, global governance
• Examples: international conventions, aid and assistance, collaboration, international
tribunals, international policing, securitization, joint missions
• Premised on the notion of ‘objectivity’ and ‘neutrality’ of such ideas
• However, they are heavily infused with particular – Western based – values
• World is much more complex, nuanced and contested

Problems
• Local specificities, different needs, experiences, and abilities; different approaches to
doing ‘things right’
• Actors: UN, IMF, World Bank, EU, foreign governments, NGOs
• Tools: assistance, support, humanitarianism, cooperation
• Motives: imperialism/neo-colonialism? Financial? Protection of Western countries?
Continuation of pathways of dependency
• Outcomes: negation of local and cultural specificities, prolongation of dependency and
unequal development

What is different?
• History and past experiences (dependency, colonialism, conflict)
• Social context (social and economic relations, culture, religion, politics, pathological
levels of internal conflict)
• Values
• Needs and capacities
Knowledge
• Who produces knowledge?
• Who is excluded from production?
• Who ‘uses’ knowledge? How do they use it?
• Is knowledge transferable? What is the danger of transferring it?
• The importance of alternative outlooks
• But: no complete ‘Southern’ outlook, emphasis/focus on some particular issues,
patchy
• Reasons to be optimistic: rising scholarship, rising awareness and reflection, localized
justice initiatives ‘imported’ from the south

Revision questions
• Being critical to criticism – can things be done differently or are some things
inevitable?
• Do the Southern spaces have agency: how do they change, respond, modify?
• What are some of the most important lessons that you are taking away from this
lecture?

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy