Prevention and the Limits of the Criminal Law

Hardcover | March 5, 2013

EditorAndrew Ashworth, Lucia Zedner, Patrick Tomlin

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Exploring 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. The contributions examine whether and when preventive measures are justified,whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales andjustifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance,assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.

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Exploring 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. The contributions examine whether and when preventive measures are justified,whether within or outwith the criminal law,...

Andrew Ashworth is Vinerian Professor of English Law in the University of Oxford, a member of the Centre for Criminology and a Fellow of All Souls College. Until 2010 he was chair of the Sentencing Advisory Panel for England and Wales. He is co-directing (with Professor Lucia Zedner) a three-year study of Preventive Justice, generously...

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Format:HardcoverDimensions:368 pages, 9.21 × 6.14 × 0.98 inPublished:March 5, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199656762

ISBN - 13:9780199656769

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Table of Contents

Andrew Ashworth, Lucia Zedner, and Patrick Tomlin: Introduction1. Frederick Schauer: The Ubiquity of Prevention2. Petter Asp: Preventionism and Criminalization of Nonconsummate Offences3. Markus Dubber: Preventive Justice: The Quest for Principle4. Klaus Gunther: Responsibility to Protect and Preventive Justice5. David Dyzenhaus: Preventive Justice and the Rule-of-Law Project6. R. A. Duff: Pre-Trial Detention and the Presumption of Innocence7. Victor Tadros: Controlling Risk8. James W. Nickel: Restraining Orders, Liberty, and Due Process9. Douglas Husak: Preventive Detention as Punishment? Some Possible Obstacles10. Carol S. Steiker: Proportionality as a Limit on Preventive Justice: Promises and Pitfalls13. Peter Ramsay: Pre-inchoate Offences v Representative Democracy14. Matt Matravers: On Preventive Justice15. Bernard E. Harcourt: Punitive Preventive Justice: A Critique16. Pat O'Malley: The Politics of Mass Preventive Justice