The Preventive Turn in Criminal Law (Oxford Monographs on Criminal Law and Justice)

Présentation de l'éditeur : "This book presents a theoretical examination of the rise and expansion of preventive criminal offences that has gained momentum in Anglo-American criminal justice since the late-twentieth century. It shows how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed and conditioned by their social, political and historical contexts. The book starts by identifying a tension, within contemporary criminal law, between the importance given to the expression of individual autonomy and responsibility, and the perceived need for prevention as a condition for the security of autonomy and the promotion of welfare. The book then traces this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment. It finds that it is this tension that ultimately grounds the rise of preventive criminal offences in recent times. The Preventive Turn in Criminal Law engages with the main contemporary literature on criminal law, prevention, risk, security and criminalisation, by deploying a theoretical perspective from both classical and contemporary works of social and political theory, including the works of Hobbes, Locke, Hegel, and Bentham. It does so in order to reveal that the pervasiveness of prevention in twenty-first century criminal law not only represents the consequence of new and unprecedented features of contemporary politics and society, but also embeds long-established features of the liberal legal and political tradition." Through A Theoretical Examination Of The Preventive Turn In Criminal Law And Justice Which Has Gained Momentum In Anglo-american Criminal Justice Systems Since The Late-twentieth Century, This Work Demonstrates How Recent Transformations In Criminal Law And Justice Are Intrinsically Related To And Embedded In The Way Liberal Society And Liberal Law Have Been Imagined, Developed, And Conditioned By Its Social, Political, And Historical Context. Henrique Carvalho Identifies A Tension Between The Idea Of Punishment As An Expression Of Individual Justice, And Prevention As A Manifestation Of The Need For Security And The Promotion Of Welfare. Tracing This Tension Back To An Intrinsic Ambivalence Within The Modern Conception Of Individual Liberty, Which Is Both Repressed And Preserved By Liberal Conceptions Of Responsibility And Punishment, Carvalho Proves That As Long As This Ambivalence Remains Unexamined, Liberal Law Has The Potential To Both Promote And Undermine Individual Justice. Engaging With The Dominant Contemporary Literature On Criminal Law, Prevention, Risk, Security, And Criminalisation, This Volume Deploys A Theoretical Perspective Developed Through A Critical Analysis Of Both Classical And Contemporary Works Of Social And Political Theory. The Book Reveals That The Pervasiveness Of Prevention In 21st Century Criminal Justice Systems Represents Not Only The Consequence Of New And Unprecedented Features Of Contemporary Politics And Society, But Also The Manifestation Of Essential Aspects Of The Liberal Legal And Political Tradition. Setting The Problem : Liberal Criminal Law Ad The Preventive Turn -- Criminal Subjectivity And Socio-political Imagination -- Liberty, Insecurity, And The Conceptual Foundations Of Reassurance -- Mutual Benefit, Property, And The Conceptual Foundations Of Trust -- Civil Society, Dangerousness, And The Ambivalence Of Liberal Civil Order -- Retrieving Subjectivity : Criminal Law, Terrorism, And The Limits Of Political Community -- The Preventive Turn : An Ambivalent Law In An Insecure World -- Epilogue : Criminal Law, Prevention, And The Promise Of Politics. Henrique Carvalho. Includes Bibliographical References And Index. Cover Series The Preventive Turn in Criminal Law Copyright Dedication Contents 1 Setting the Problem: Liberal Criminal Law and the Preventive Turn The Problem of Preventive Criminal Law The Paradoxes of Liberal Law Methodological Framework: Criminal Law and Ambivalence 2 Criminal Subjectivity and Socio-​Political Imagination The Subject of Criminal Law: Between Responsibility and Dangerousness The Liberal Imaginary of Criminal Law: Citizenship, Civilization, and the Problem of Insecurity The Boundaries of Responsible Subjectivity: Between Insecurity and Reassurance Conclusion 3 Liberty, Insecurity, and the Conceptual Foundations of Reassurance The Paradox of Punishment The Natural Condition of Insecurity The Vulnerability of Individual Liberty Conclusion 4 Mutual Benefit, Property, and the Conceptual Foundations of Trust Law and Liberty: Locke’s Naturalization of Trust The Inconveniences of Insecurity: From Punishment to Prevention The Ends of Political Society: Criminal Law and Civil Order Conclusion 5 Civil Society, Dangerousness, and the Ambivalence of Liberal Civil Order The Civil Dynamic between Nature and Society Abstract Responsibility, Concrete Dangerousness: Hegel’s Dialectics of Crime and Punishment Individualizing Responsibility, Socializing Dangerousness: Bentham’s Ambivalent Criminal Law Conclusion 6 Retrieving Subjectivity: Criminal Law, Terrorism, and the Limits of Political Community Punishment, Communication, and Recognition The Process of Recognition The Limits of Community Conclusion 7 The Preventive Turn: An Ambivalent Law in an Insecure World The Conditionality of Democratic Citizenship Social Unravelling, Insecurity, and the Radical Ambivalence of Prevention The Perplexities of Criminal Law Conclusion Epilogue: Criminal Law, Prevention, and the Promise of Politics Bibliography Index Présentation de l'éditeur : "This book presents a theoretical examination of the rise and expansion of preventive criminal offences that has gained momentum in Anglo-American criminal justice since the late-twentieth century. It shows how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed and conditioned by their social, political and historical contexts. The book starts by identifying a tension, within contemporary criminal law, between the importance given to the expression of individual autonomy and responsibility, and the perceived need for prevention as a condition for the security of autonomy and the promotion of welfare. The book then traces this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment. It finds that it is this tension that ultimately grounds the rise of preventive criminal offences in recent times. The Preventive Turn in Criminal Law engages with the main contemporary literature on criminal law, prevention, risk, security and criminalisation, by deploying a theoretical perspective from both classical and contemporary works of social and political theory, including the works of Hobbes, Locke, Hegel, and Bentham. It does so in order to reveal that the pervasiveness of prevention in twenty-first century criminal law not only represents the consequence of new and unprecedented features of contemporary politics and society, but also embeds long-established features of the liberal legal and political tradition." Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, this work demonstrates how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of individual justice, and prevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalho proves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice. Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition --Front flap of book Engaging with contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume argues that the pervasiveness of prevention in 21st century criminal justice systems represents the manifestation of essential aspects of the liberal legal and political tradition.