Communitarianism and the aporophobic criminal law

Abstract

“Aporophobia” is the word that express the social and institutional rejection of the poor. Its existence has 
consequences not only at the social and political level, but also at the legal one, with the worst reflection in the criminal 
law system. Scholars have identified in managerialism, radical functionalism and punitivism the ideological basis of the 
aporophobic criminal law. Also, as this essay shows, the communitarian philosophy offers an optimal theorical basis to 
justify the exclusion of the poor.