Preventive Justice

Author:   Andrew Ashworth, QC (Professor of English Law Emeritus, Professor of English Law Emeritus, University of Oxford) ,  Lucia Zedner (Professor of Criminal Justice and Conjoint Professor, Professor of Criminal Justice and Conjoint Professor, University of Oxford and University of New South Wales)
Publisher:   Oxford University Press
ISBN:  

9780198712534


Pages:   326
Publication Date:   24 September 2015
Format:   Paperback
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Preventive Justice


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Overview

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'.

Full Product Details

Author:   Andrew Ashworth, QC (Professor of English Law Emeritus, Professor of English Law Emeritus, University of Oxford) ,  Lucia Zedner (Professor of Criminal Justice and Conjoint Professor, Professor of Criminal Justice and Conjoint Professor, University of Oxford and University of New South Wales)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.80cm , Height: 1.80cm , Length: 23.50cm
Weight:   0.500kg
ISBN:  

9780198712534


ISBN 10:   0198712537
Pages:   326
Publication Date:   24 September 2015
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: Introduction: the State and Coercive Preventive Measures 2: The Historical Origins of the Preventive State 3: Prevention, Policing and Criminal Procedure 4: Civil Preventive Orders 5: Preventive Offences in the Criminal Law: Rationales and Limits 6: Risk Assessment and the Preventive Role of the Criminal Court 7: Preventive Detention of the Dangerous 8: Counter-Terrorism Laws and Security Measures 9: Public Health Law, Prevention and Liberty 10: Prevention and Immigration Laws 11: Conclusions: the Preventive State and its Proper Limits Bibliography

Reviews

'Preventive Justice is an impressive and unprecedented contribution to legal and criminal justice scholarship ... The book represents a vital first step on a, hopefully unavoidable, path towards a serious and critical appreciation of the role of prevention both in law and in liberal society more broadly' Henrique Carvalho, Modern Law Review 'Among the many scholars who have turned their attention to this phenomenon, Andrew Ashworth and Lucia Zedner are probably the most influential ... Their monograph has accordingly been awaited eagerly; and it does not disappoint. Conceptually elegant, beautifully written, it not only maps out the contours of this emerging field of criminalization but also sets the recent developments within a much-needed historical context ... The book is a considerable achievement ... In Preventive Justice, Ashworth and Zedner have provided not only an excellent piece of scholarship in its own right, but a compelling case for an analytic focus on preventive criminalization.' Nicola Lacey, British Journal of Criminology '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 of considerable praise.' James Chalmers, Edinburgh Law Review


`'Preventive Justice is an impressive and unprecedented contribution to legal and criminal justice scholarship ... The book represents a vital first step on a, hopefully unavoidable, path towards a serious and critical appreciation of the role of prevention both in law and in liberal society more broadly' ' Henrique Carvalho, Modern Law Review `'Among the many scholars who have turned their attention to this phenomenon, Andrew Ashworth and Lucia Zedner are probably the most influential ... Their monograph has accordingly been awaited eagerly; and it does not disappoint. Conceptually elegant, beautifully written, it not only maps out the contours of this emerging field of criminalization but also sets the recent developments within a much-needed historical context ... The book is a considerable achievement ... In Preventive Justice, Ashworth and Zedner have provided not only an excellent piece of scholarship in its own right, but a compelling case for an analytic focus on preventive criminalization.' ' Nicola Lacey, British Journal of Criminology `'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 of considerable praise.' ' James Chalmers, Edinburgh Law Review


`'Preventive Justice is an impressive and unprecedented contribution to legal and criminal justice scholarship ... The book represents a vital first step on a, hopefully unavoidable, path towards a serious and critical appreciation of the role of prevention both in law and in liberal society more broadly' ' Henrique Carvalho, Modern Law Review `'Among the many scholars who have turned their attention to this phenomenon, Andrew Ashworth and Lucia Zedner are probably the most influential ... Their monograph has accordingly been awaited eagerly; and it does not disappoint. Conceptually elegant, beautifully written, it not only maps out the contours of this emerging field of criminalization but also sets the recent developments within a much-needed historical context ... The book is a considerable achievement ... In Preventive Justice, Ashworth and Zedner have provided not only an excellent piece of scholarship in its own right, but a compelling case for an analytic focus on preventive criminalization.' ' Nicola Lacey, British Journal of Criminology `'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 of considerable praise.' ' James Chalmers, Edinburgh Law Review


Author Information

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, generously funded by the Arts and Humanities Research Council. He is General Editor of the Oxford Monographs on Criminal Law and Justice, and is a former editor (and now active editorial board member) of the Criminal Law Review. 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. With Andrew Ashworth, Professor Zedner co-directed 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. Lucia Zedner is former General Editor and a member of the Editorial Board of the Clarendon Studies in Criminology Series published by Oxford University Press and she serves on the editorial boards of several criminal law and criminology journals.

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