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Vol 25 No 2 Feb/March 2020

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Prevention and the Limits of the Criminal Law

Edited by: Andrew Ashworth, Lucia Zedner, Patrick Tomlin

ISBN13: 9780199656769
Published: February 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £91.00

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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 and justifications 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.

Criminal Law
1. The Ubiquity of Prevention
2. Preventionism and Criminalization of Nonconsummate Offences
3. Preventive Justice: The Quest for Principle
4. Responsibility to Protect and Preventive Justice
5. Preventive Justice and the Rule-of-Law Project
6. Pre-Trial Detention and the Presumption of Innocence
7. Controlling Risk
8. Restraining Orders, Liberty, and Due Process
9. Preventive Detention as Punishment? Some Possible Obstacles
10. Proportionality as a Limit on Preventive Justice: Promises and Pitfalls
13. Pre-inchoate Offences v Representative Democracy
14. On Preventive Justice
15. Punitive Preventive Justice: A Critique
16. The Politics of Mass Preventive Justice