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Citizenship and the Criminal Law

This chapter begins the task of explaining the distinctive practice of civic life, by looking at the identity of those who participate in it; it argues that citizens are the criminal law’s primary addressees. This requires a discussion of the normative basis on which the ambit and jurisdiction of domestic systems of criminal law are determined, and of the Territoriality Principle. It also requires an account of citizenship, as membership of a distinctive political practice, and of the terms in which the criminal law should address the citizens whose law it is supposed to be. This leads into a discussion of the status of those within a polity who are not formally citizens of the polity; of how the criminal law should address those who dissent from the law’s content, or deny its authority; and of Jakobs’ distinction between ‘criminal law for citizens’ (Bürgerstrafrecht) and ‘criminal law for enemies’ (Feindstrafrecht).