Regulating Preventive Justice Download Ebook PDF Epub Online

Author : Tamara Tulich
Rebecca Ananian-Welsh
Publisher : Routledge
Release : 2017-01-20
Page : 232
Category : Law
ISBN 13 : 1317218558
Description :


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


Author : Andrew Ashworth
Lucia Zedner
Publisher : OUP Oxford
Release : 2014-03-27
Page : 310
Category : Law
ISBN 13 : 0191021059
Description :


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'.


Author : Tamara Tulich
Rebecca Ananian-Welsh
Publisher : Taylor & Francis
Release : 2017-01-20
Page : 232
Category : Law
ISBN 13 : 1317218566
Description :


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


Author : Andrew Ashworth
Lucia Zedner
Publisher : OUP Oxford
Release : 2013-01-31
Page : 320
Category : Law
ISBN 13 : 0191630756
Description :


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.


Author : Lawrence O. Gostin
Publisher : Univ of California Press
Release : 2008-09-02
Page : 767
Category : Law
ISBN 13 : 0520253760
Description :


"In this completely revised second edition, Gostin analyzes the major health threats of our times, from emerging infectious diseases (e.g., SARS and pandemic influenza) to bioterrorism (e.g., the deliberate release of anthrax and smallpox) to chronic diseases caused by overweight and obesity. By analyzing transnational law, Gostin shows how public health law transcends national borders in areas ranging from infectious disease and tobacco use to world trade and access to essential medicines. Public Health Law creates an intellectual framework for the modern field of public health and supports that framework with illustrations of the intellectual, scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public's health, Gostin's essential study provides a blueprint for coming public and political debates about this vital and burgeoning field."--BOOK JACKET.


Author : Daniel Finn
Daniel Rush Finn
Publisher : Cambridge University Press
Release : 2006-01-16
Page : 169
Category : Business & Economics
ISBN 13 : 9780521677998
Description :


This book provides a framework for understanding disagreements about the morality of markets.


Author : Douglas W. Arner
Publisher : Cambridge University Press
Release : 2007-06-04
Page :
Category : Law
ISBN 13 : 113946454X
Description :


Financial crises have become an all too common occurrence over the past twenty years, largely as a result of changes in finance brought about by increasing internationalization and integration. As domestic financial systems and economies have become more interlinked, weaknesses can significantly impact not only individual economies but also markets, financial intermediaries, and economies around the world. This volume addresses the twin objectives of financial development in the context of financial stability and the role of law in supporting both. Financial stability (frequently seen as the avoidance of financial crisis) has become an objective of both the international financial architecture and individual economies and central banks. At the same time, financial development is now seen to play an important role in economic growth. In both financial stability and financial development, law and related institutions have a central role.


Author : Jonathan Clough
Publisher : Cambridge University Press
Release : 2015-09-24
Page : 524
Category : Law
ISBN 13 : 1107034574
Description :


A comprehensive doctrinal analysis of cybercrime laws in four major common law jurisdictions: Australia, Canada, the UK and the USA.


Author : Olivier De Schutter
Publisher : Cambridge University Press
Release : 2014-08-07
Page : 1124
Category : Law
ISBN 13 : 1107063752
Description :


Fully updated edition offers coverage of new topics and a more student-friendly design, while retaining the original style and features.


Author : Former Director of the Warburg Institute and Professor Emeritus of the History of Classical Tradition J B Trapp
Publisher : Cambridge University Press
Release : 1998
Page : 832
Category : History
ISBN 13 : 9780521573467
Description :


The history of the book from 1400 to 1557: the transition from manuscripts to printed books.


Author : Tiffany Sutton
Publisher : Cambridge University Press
Release : 2000-03-28
Page : 184
Category : Philosophy
ISBN 13 : 9780521772365
Description :


Sutton's work explores what it is that bestows the designation 'art' on an artwork.


Author : Institute of Medicine
Board on Population Health and Public Health Practice
Publisher : National Academies Press
Release : 2011-11-04
Page : 140
Category : Medical
ISBN 13 : 0309305713
Description :


The Robert Wood Johnson Foundation asked the Institute of Medicine (IOM) to examine three topics in relation to public health: measurement, the law, and funding. IOM prepared a three book series-one book on each topic-that contain actionable recommendations for public health agencies and other stakeholders that have roles in the health of the U.S population. For the Public's Health: Revitalizing Law and Policy to Meet New Challenges is the second in the For the Public Health's Series, and reflects on legal and public policy reform on three levels: first, laws that establish the structure, duties, and authorities of public health departments; second, the use of legal and policy tools to improve the public's health; and third, the health effects of laws and policies from other sectors in and outside government. The book recommends that states enact legislation with appropriate funding to ensure that all public health departments have the mandate and the capacity to effectively deliver the Ten Essential Public Health Services. The book also recommends that states revise their laws to require public health accreditation for state and local health departments through the Public Health Accreditation Board accreditation process. The book urges government agencies to familiarize themselves with the public health and policy interventions at their disposal that can influence behavior and more importantly change conditions-social, economic, and environmental-to improve health. Lastly, the IOM encourages government and private-sector stakeholders to consider health in a wide range of policies (a health in all policies approach) and to evaluate the health effects and costs of major legislation. This book, as well as the other two books in the series, is intended to inform and help federal, state, and local governments, public health agencies, clinical care organizations, the private sector, and community-based organizations.


Author :
Publisher :
Release :
Page :
Category :
ISBN 13 : 1107177170
Description :



Author : William W. Hsieh
Publisher : Cambridge University Press
Release : 2009-07-30
Page : 349
Category : Computers
ISBN 13 : 0521791928
Description :


A graduate textbook that provides a unified treatment of machine learning methods and their applications in the environmental sciences.


Author : Mangai Natarajan
Publisher : Cambridge University Press
Release : 2019-05-31
Page : 550
Category : Law
ISBN 13 : 110849787X
Description :


Provides a key textbook on the nature of international and transnational crimes and the delivery of justice for crime control and prevention.


Author : Stefan Wrbka
Steven Van Uytsel
Publisher : Cambridge University Press
Release : 2012-04-30
Page : 423
Category : Law
ISBN 13 : 1107021545
Description :


This volume of essays examines whether collective actions can enhance access to justice for multilayer interests.


Author : David McCallum
Publisher : Cambridge University Press
Release : 2017-12-21
Page : 300
Category : Law
ISBN 13 : 1845656679
Description :


Does the Australian welfare system criminalise children? This book unpacks history and politics to explore the treatment of child offenders.


Author : Lisa Stampnitzky
Publisher : Cambridge University Press
Release : 2013-04-18
Page : 232
Category : Political Science
ISBN 13 : 1107026636
Description :


Since 9/11, we have been told that terrorists are pathological evildoers. Yet before the 1970s, hijackings, assassinations, and other acts now called 'terrorism' were considered the work of rational actors. Disciplining Terror explains how political violence became 'terrorism', and how this transformation ultimately led to the current 'war on terror'.


Author :
Publisher : Government Printing Office
Release : 2004-05
Page : 1614
Category :
ISBN 13 : 9780160510946
Description :


2004 Green Book, Background Material and Data on Programs Within the Jurisdiction of the Committee on Ways and Means, March 2004. 18th edition. Provides information about Federal assistance programs, including: social security; medicare; supplemental security income; unemployment compensation; railroad retirement; trade adjustment assistance; Aid to Families with Dependent Children; child support enforcement; child care; child protection, foster care and adoption assistance; tax provisions; and the Pension Benefit Guaranty Corporation. 108th Congress, 2d Session.


Author : Cecilia Bailliet
Publisher : Cambridge University Press
Release : 2012-08-09
Page : 302
Category : Law
ISBN 13 : 1107021855
Description :


This volume of essays examines challenges presented by non-state actors, quasi-legal norms, and gaps within normative and institutional frameworks.