Regulating Preventive Justice

Principle, Policy and Paradox

Nonfiction, Reference & Language, Law, Comparative, Criminal law
Cover of the book Regulating Preventive Justice by , Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9781317218555
Publisher: Taylor and Francis Publication: January 20, 2017
Imprint: Routledge Language: English
Author:
ISBN: 9781317218555
Publisher: Taylor and Francis
Publication: January 20, 2017
Imprint: Routledge
Language: English

Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights.

While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice.

"Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice."

Professor Lucia Zedner, Oxford University

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights.

While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice.

"Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice."

Professor Lucia Zedner, Oxford University

More books from Taylor and Francis

Cover of the book The European Union as a Global Actor by
Cover of the book The Poetic Edda by
Cover of the book The Psychology of Gender by
Cover of the book The Generality of Deviance by
Cover of the book Sociology Of Music Ils 91 by
Cover of the book Japan And Asian Modernities by
Cover of the book Barrack Buddies and Soldier Lovers by
Cover of the book Democratic Transitions by
Cover of the book Achieving Excellence in Your Coaching Practice by
Cover of the book Duped by
Cover of the book Beyond Initial Reading (RLE Edu I) by
Cover of the book Lesbian Rites by
Cover of the book Cyprian the Bishop by
Cover of the book A Student's Dictionary of Language and Linguistics by
Cover of the book Lebanon by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy