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AbstractThis paper aims to examine the contours of current manifestations of political justice, in a time in which liberal democracy arrangements are more widespread than ever before. For these purposes, it begins by exploring international indices unveiling varying degrees of illiberal penal practices in global north jurisdictions. Subsequently, it scrutinises the Spanish penal field, in which outmoded political justice practices are intriguingly enduring and have been apparently on the rise over the last decade. In analysing the political catalysts of these Spanish cases, the paper sheds light on certain factors nurturing twenty-first century forms of political justice and enemy penology. Finally, the paper concludes by outlining a research agenda for seriously considering these 'abnormal justice' phenomena in current academic conversations on penality.

Border criminology authors have recently called for an expansion of criminological conceptions on penal power to include migration law enforcement devices. An amplified analytical gaze on penality is critical to challenge mainstream notions of punitiveness—an academic effort that is particularly relevant because incarceration rates are declining in many Global North jurisdictions. This paper explores various implications of this border criminology contribution to academic debates on punitiveness by investigating the interrelation of incarceration rate changes with detention and deportation data. In so doing, it contributes to the burgeoning theoretical debate on the impact of immigration enforcement policies on current penal changes.

The sorting of individuals is one critical function performed by migration law. These legal regulations are based on dichotomies, such as separating irregular migrants from regular migrants. However, through the multi-scalar management of human mobility, the conflicting coexistence of national and supranational interests decentres these legal binaries. Therefore, migration law devices sort newcomers in a more complex way, giving shape to multilayered and unstable hierarchies of otherness. Using Spain as a case study on migration control changes, this paper addresses the role that migration law enforcement institutions play in cementing and eroding these legal categories. First, it analyses the consequences of the so-called 'migration crisis' in enlarging a European asylum system that, until recently, seemingly rests on few countries. Second, it examines the increasing normalisation of the forced return of European Union (EU) (and European Free Trade Association [EFTA]) nationals, which undermine a critical prerogative of the EU citizenship status.

The sorting of individuals is one critical function performed by migration law. These legal regulations are based on dichotomies, such as separating irregular migrants from regular migrants. However, through the multi-scalar management of human mobility, the conflicting coexistence of national and supranational interests decentres these legal binaries. Therefore, migration law devices sort newcomers in a more complex way, giving shape to multilayered and unstable hierarchies of otherness. Using Spain as a case study on migration control changes, this paper addresses the role that migration law enforcement institutions play in cementing and eroding these legal categories. First, it analyses the consequences of the so-called 'migration crisis' in enlarging a European asylum system that, until recently, seemingly rests on few countries. Second, it examines the increasing normalisation of the forced return of European Union (EU) (and European Free Trade Association [EFTA]) nationals, which undermine a critical prerogative of the EU citizenship status.

lDurante el año 2017 se publicó uno de los ibros más relevantes de los últimos años en el estudio del castigo y la sociedad: Breaking the Pendulum: The Long Struggle Over Criminal Justice. En este artículo presentamos una revisión general de la obra a través de la descripción de sus principales aportes teóricos a la disciplina, así como las consecuencias que podría generar su marco metodológico para el estudio de la penalidad en Latinoamérica. Destacamos, especialmente, las críticas que realizan sus autores a los relatos «epocales» en el campo penal y sus conexiones con la realidad de la región. Asimismo, presentamos algunas lecciones teóricas que pueden extraerse de la obra, al situarla en diálogo con parte de los últimos desarrollos criminológicos y socio-jurídicos sobre la penalidad.

Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations.

The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe – from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes – Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of 'justice' behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals.

With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship.

Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations. The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe - from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes - Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of justice' behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals. With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship.

Este artículo presenta sucintamente un acercamiento a la violencia en tanto que rasgo constitutivo de lo social, de los ordenamientos que configuran los contextos en los que estamos ubicados. Esta premisa analítica es la que sirve igualmente para vertebrar las distintas aportaciones que componen este tema espacial en torno a la violencia; aportaciones que si bien abordan temáticas específicas, muy presentes en los debates teóricos actuales en torno a lo político, comparten la centralidad epistémica que ha de atesorar el concepto de violencia en la reflexión sobre la producción y vivencia de lo social. ; This paper provides a brief approach to violence as a constitutive feature of the social, that is, of the orderings that shape the contexts where we are positioned. This analytical premise connects the different papers that articulate this special issue on violence. Although the papers refer to several topics, quite present in the theoretical debates that take place nowadays in the analysis of the political, they share the epistemic importance conferred to the concept of violence in the reflection on the production and experience of the social.

Studies on immigration enforcement and bordered penality frequently depict immigration detention as a system of confinement enforced in closed, relatively opaque facilities geared towards the expeditious deportation of non-citizens. This notion is actually a synecdoche of the diverse forms of containment and the varying, more or less dispensable roles played by detention practices within immigration enforcement systems. This paper challenges this perspective by considering prominent changes taking place in the detention field across Europe, which can be seen as signals of a gradual detention crisis. In this respect, it explores the versatility of detention practices, which have made the detention system particularly resilient. Despite this resilience, though, the paper unveils and maps the obsolescence of detention centric models of immigration enforcement, which manifests itself in the jurisdictions in which detention systems either are largely irrelevant or have been shrinking in the recent past. Additionally, the paper examines the consolidation of the hotspot archipelago in Mediterranean Europe, which has expanded the containment capacity of the border control apparatus and made it increasingly plastic. Yet the hotspot system is in itself an additional manifestation of the obsolescence of detention-centric models of enforcement. After having scrutinised these different dimensions, the paper concludes by exploring the promises and pitfalls of a changing detention landscape and suggesting directions for future research.