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Prevention and the Limits of the Criminal Law

Prevention and the Limits of the Criminal Law

Author: Andrew Ashworth; Lucia Zedner; Patrick Tomlin
Publisher: Oxford University Press
ISBN: 9780199656769
Published In: February 2013
Format: Hardback , 320 pages
Jurisdiction: U.K. ? Disclaimer:
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Provides a sophisticated analysis of the state's use of coercion for the purpose of preventing harm
Addresses core normative questions raised by preventive measures in and on the borders of the criminal process, criminal law, and punishment
Cross-disciplinary approach draws together criminal law, philosophy, and criminology to examine the scope, limits, and principles of preventive justice

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.

Readership: Academics and scholars, practitioners, and students of criminal law, criminal justice, criminology, and preventive justice; political theorists

Andrew Ashworth, Lucia Zedner, and Patrick Tomlin: Introduction
1: Frederick Schauer: The Ubiquity of Prevention
2: Petter Asp: Preventionism and Criminalization of Nonconsummate Offences
3: Markus Dubber: Preventive Justice: The Quest for Principle
4: Klaus Günther: Responsibility to Protect and Preventive Justice
5: David Dyzenhaus: Preventive Justice and the Rule-of-Law Project
6: R A Duff: Pre-Trial Detention and the Presumption of Innocence
7: Victor Tadros: Controlling Risk
8: James W Nickel: Restraining Orders, Liberty, and Due Process
9: Douglas Husak: Preventive Detention as Punishment? Some Possible Obstacles
10: Carol S Steiker: Proportionality as a Limit on Preventive Justice: Promises and Pitfalls
13: Peter Ramsay: Pre-inchoate Offences v Representative Democracy
14: Matt Matravers: On Preventive Justice
15: Bernard E Harcourt: Punitive Preventive Justice: A Critique
16: Pat O'Malley: The Politics of Mass Preventive Justice

Edited by Andrew Ashworth, Vinerian Professor of English Law, University of Oxford, Lucia Zedner, Professor of Criminal Justice, Faculty of Law and Corpus Christi College, University of Oxford, and Conjoint Professor, Faculty of Law, University of New South Wales, Sydney, and Patrick Tomlin, Lecturer in Political Theory, University of Reading

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 funded by the Arts and Humanities Research Council.

Lucia Zedner is Professor of Criminal Justice in the Faculty of Law and a member of the Centre for Criminology at the University of Oxford. She is currently the General Editor of the Oxford University Press monograph seriesClarendon Studies in Criminology. With Andrew Ashworth, Professor Zedner is currently co-directing a three-year study of Preventive Justice generously funded by the Arts and Humanities Research Council. She is also Conjoint Professor, Faculty of Law, University of New South Wales, Sydney, where she is a regular visitor.

Patrick Tomlin is Lecturer in Political Theory at the University of Reading. Prior to taking up this post in January 2012, he was a postdoctoral researcher on the Arts & Humanities Research Council-funded Preventive Justice project at the University of Oxford, and a Junior Research Fellow at Corpus Christi College, Oxford.

Contributors:
Andrew Ashworth, University of Oxford
Petter Asp, University of Stockholm
Markus Dubber, University of Toronto
R A Duff, University of Minnesota and emeritus University of Stirling
David Dyzenhaus, University of Toronto
Klaus Guenther, University of Frankfurt
Bernard Harcourt, University of Chicago
Douglas Husak, Rutgers University, New Jersey
Matt Matravers, University of York
James W Nickel, University of Miami
Pat O'Malley, University of Sydney
Peter Ramsay, London School of Economics
Frederick Schauer, University of Virginia
Carol Steiker, Harvard University
Victor Tadros, University of Warwick
Patrick Tomlin, University of Reading
Lucia Zedner, University of Oxford