In The Realm of Criminal Law, Antony Duff argues that the criminal law’s realm is bounded by territory. This is because a polity decides what it cares about in crafting its civic home, and it extends its rules and hospitality to guests (non-citizens). I question whether the most normatively attractive conception of a Duffian polity would be bounded by territory, or whether it would exercise far more extensive jurisdiction over its citizens wherever in the world they may be (active personality) and over harm to its citizens/interests wherever in the world the attacks occur (passive personality).
Antony Duff, criminal law, criminalization
Criminal Law & Philosophy
Ferzan, Kimberly Kessler, "The Reach of the Realm" (2020). Faculty Scholarship at Penn Law. 2321.