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Vol 24 No 9 Sept/Oct 2019

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Incivilities: Regulating Offensive Behaviour

Edited by: Andrew Simester, Andrew von Hirsch

ISBN13: 9781841134994
ISBN: 1841134996
Published: October 2006
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00

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Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area.

This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law.

These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual

Criminal Law
1. Penal Offence in Question: Some Reference Points for Interdisciplinary Conversation
Paul Roberts
2. How Offensive Can You Get?
RA Duff and SE Marshall
3. Disgust: Metaphysical and Empirical Speculations
Douglas Husak
4. Penalising Offensive Behaviour: Constitutive and Mediating Principles
Andrew von Hirsch and AP Simester
5. Legal Regulation of Offence
Tatjana Hörnle
6. Crimes of Offence
John Tasioulas
7. Regulating Offensive Conduct through Two-Step Prohibitions
AP Simester and Andrew von Hirsch
8. ‘No Spitting’: Regulation of Offensive Behaviour in England and Wales
Elizabeth Burney
9. Social Capital, Trust and Offensive Behaviour
Bryan S Turner
Incivilities, Offence and Social Order in Residential Communities
Anthony E Bottoms

Series: Studies in Penal Theory and Penal Ethics

Criminal Law and the Authority of the State ISBN 9781509932139
Published September 2019
Hart Publishing
Penal Censure: Engagements Within and Beyond Desert Theory ISBN 9781509919789
Published May 2018
Hart Publishing
£58.50 + £11.70 VAT
Criminal Law and the Authority of the State ISBN 9781509905133
Published May 2017
Hart Publishing
Criminal Law and the Authority of the State (eBook) ISBN 9781509905140
Published May 2017
Hart Publishing
£31.50 + £6.30 VAT
£19.78 + £3.96 VAT
Restorative Justice and Criminal Justice
ISBN 9781841132730
Published January 2003
Hart Publishing