Preventive Justice

Paperback | October 24, 2015

byAndrew Ashworth, Lucia Zedner

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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 techniquesthat 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; andimposing 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 theproper 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'.

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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 techniquesthat involve coercion against the individual....

Andrew Ashworth is Vinerian Professor of English Law Emeritus 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 co-directed (with Professor Lucia Zedner) a three-year study of Preventive Justice, gener...

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Format:PaperbackDimensions:336 pages, 9.21 × 6.14 × 0.69 inPublished:October 24, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198712537

ISBN - 13:9780198712534

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Table of Contents

1. Introduction: the State and Coercive Preventive Measures2. The Historical Origins of the Preventive State3. Prevention, Policing and Criminal Procedure4. Civil Preventive Orders5. Preventive Offences in the Criminal Law: Rationales and Limits6. Risk Assessment and the Preventive Role of the Criminal Court7. Preventive Detention of the Dangerous8. Counter-Terrorism Laws and Security Measures9. Public Health Law, Prevention and Liberty10. Prevention and Immigration Laws11. Conclusions: the Preventive State and its Proper LimitsBibliography

Editorial Reviews

"Ashworth and Zedner's Preventive Justice is the culmination of a project running over several years ... It is historically and theoretically informed and thoroughly convincing ... The authors' work is simultaneously groundbreaking and of direct practical application, and deserving ofconsiderable praise." --James Chalmers, Edinburgh Law Review