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The Insecurity State

Author: Peter Ramsay
Publisher: OUP Oxford
ISBN: 0191627569
Size: 11.26 MB
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The Insecurity State is a book about the recent emergence of a 'right to security' in the UK's criminal law. The Insecurity State sets out from a detailed analysis of the law of the Anti-Social Behaviour Order and of the Coalition government's proposed replacement for it. It shows that the liabilities contained in both seek to protect a 'freedom from fear'and that this 'right to security' explains a lot of other recently enacted criminal offences. This book identifies the normative source of this right to security in the idea of vulnerable autonomy. It demonstrates that the vulnerability of autonomy is an axiomatic assumption of political theories that have enjoyed a preponderant influence right across the political mainstream. It considers the influence of these normative commitments on the policy of both the New Labour and the Coalition governments. The Insecurity State then explores how the wider contemporary criminal law also institutionalizes the right to security, and how this differs from the law's earlier protection of security interests. It examines the right to security, and its attendant penal liabilities, in the context of both human rights protection and normative criminal law theories. Finally the book exposes the paradoxical claims about the state's authority that are entailed by penal laws that assume the vulnerability of the normal, representative citizen. The Insecurity State offers a criminal law theory that is unorthodox in both its method and its content: BLIt is focused on a contemporary development in the 'special part' of the criminal law rather than the law's general principles. BLIt is an explanatory political sociology of substantive criminal law rather than the more familiar normative theory; but it is an explanatory theory that seeks to understand the law's historical development through an investigation of the changing character of its normative order. BLIt does not apply a pre-existing sociological or philosophical theory to the law; rather it develops a theoretical explanation from detailed legal analysis and reconstruction of New Labour's penal laws. BLIt concludes that repressive criminal laws have arisen from a deficit of political authority rather than from excessive authoritarianism.

Fitness To Plead

Author: Ronnie Mackay
Publisher: Oxford University Press
ISBN: 0191092703
Size: 27.50 MB
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The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.

In Search Of Criminal Responsibility

Author: Nicola Lacey
Publisher: Oxford University Press
ISBN: 0191084069
Size: 70.51 MB
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What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.

The Preventive Turn In Criminal Law

Author: Henrique Carvalho
Publisher: Oxford University Press
ISBN: 0191057762
Size: 34.33 MB
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Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, The Preventive Turn in Criminal Law demonstrates how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of individual justice, and prevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalho proves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice. Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition.

Remedies For Breach Of Contract

Author: Solène Rowan
Publisher: Oxford University Press on Demand
ISBN: 0199606609
Size: 28.78 MB
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This award-winning book is a comprehensive and timely examination of remedies for breach of contract. It analyses and challenges fundamental aspects of English law contractual remedies, drawing upon comparative study of French law and with particular focus on recent developments in both jurisdictions. It also makes suggestions as to how contractual remedies in England might be strengthened.

A Theory Of Justice

Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Size: 20.27 MB
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Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Preventive Justice

Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191021040
Size: 57.95 MB
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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 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'.

Media Crime And Racism

Author: Monish Bhatia
Publisher: Springer
ISBN: 3319717766
Size: 51.79 MB
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Media, Crime and Racism draws together contributions from scholars at the leading edge of their field across three continents to present contemporary and longstanding debates exploring the roles played by media and the state in racialising crime and criminalising racialised minorities. Comprised of empirically rich accounts and theoretically informed analysis, this dynamic text offers readers a critical and in-depth examination of contemporary social and criminal justice issues as they pertain to racialised minorities and the media. Chapters demonstrate the myriad ways in which racialised ‘others’ experience demonisation, exclusion, racist abuse and violence licensed – and often induced – by the state and the media. Together, they also offer original and nuanced analysis of how these processes can be experienced differently dependent on geography, political context and local resistance. This collection critically reflects on a number of globally significant topics including the vilification of Muslim minorities, the portrayal of the refugee ‘crisis’ and the representations and resistance of Indigenous and Black communities. This volume demonstrates that processes of racialisation and criminalisation in media and the state cannot be understood without reference to how they are underscored and inflected by gender and power. Above all, the contributors to this volume demonstrate the resistance of racialised minorities in localised contexts across the globe: against racialisation and criminalisation and in pursuit of racial justice.