Preventive Justice
- ISBN-10
- 0191021040
- ISBN-13
- 9780191021046
- Category
- Law
- Pages
- 310
- Language
- English
- Published
- 2014-03-27
- Publisher
- OUP Oxford
- Authors
- Lucia Zedner, Andrew Ashworth
Description
This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
Get the book
Similar books
-
Preventive Justice and the Power of Policy Transfer
By J. OggEuropean Journal of Crime, Criminal Law and Criminal Justice 1,292–308. Anleu, S. L. R. 1998. The Role of Civil Sanctions in Social Control: A Socio-Legal Examination. ... Selective Incapacitation and Public Policy: ...
-
Regulating Preventive Justice: Principle, Policy and Paradox
By Sarah Murray, Tamara Tulich, Rebecca Ananian-WelshA century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention.
-
Prevention and the Limits of the Criminal Law
By Lucia Zedner, Andrew Ashworth, Patrick TomlinExploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice.
-
Juveniles at Risk: A Plea for Preventive Justice
By Christopher Slobogin, Mark R. FondacaroIn this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society.
-
The Preventive Turn in Criminal Law
By Henrique Carvalho... radical ambivalence, in the sense that the dynamics of criminal subjectivity, under conditions of social unravelling ... radical forms of criminalization, such as preventive criminal offences, in order to deploy its reassurance function ...
-
Preventive Justice and the Power of Policy Transfer
By J. OggThis book explores whether policy transfer in 'everyday' policy-making may be unintentionally creating a system of preventive justice.
-
Criminal Justice, Risk and the Revolt against Uncertainty
By John Pratt, Jordan AndersonThis book examines the impact and implications of the relationship between risk and criminal justice in advanced liberal democracies, in the context of the ‘revolt against uncertainty’ which has underpinned the rise of populist politics ...
-
The Making of Chinese Criminal Law: The Preventive Shift in the Context of the Eighth Amendment
By Ying JiThe balance of market forces and authoritarian governance sheds light on the features of the current Chinese society. ... 2 Karen Harrison, Dangerousness, Risk and the Governance of Serious Sexual and Violent Offenders (London: ...
-
Criminal Justice in America
By Roscoe PoundIn Criminal Justice in America, Pound recognizes the dangers law faces when it does not keep pace with societal change.
-
Preventive Detention and the Democratic State
By Hallie Ludsinthe rationales India, the US and England employ to justify preventive detention and the evidence they use to show the ... none of these detention regimes is designed to prevent arbitrary detention, but some are worse than others at ...