The Insecurity State Vulnerable Autonomy And The Right To Security In The Criminal Law

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The Insecurity State Vulnerable Autonomy and the Right to Security in the Criminal Law

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Author by : Peter Ramsay
Languange Used : English, France, Spanish, Italia and chinese
Page : 280
Isbn : 0191627569
Identifier : 9780191627569
Release : 2012-04-26
Publisher by : OUP Oxford
Category : Law
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Description : Read Now The Insecurity State by Peter Ramsay and you can download with pub, pdf, txt, doc, and more file format with free account. the insecurity state is a book about the recent emergence of a 'right to security' in the uk's criminal law. the insecurity state sets out from a detailed analysis of the law of the anti-social behaviour order and of the coalition government's proposed replacement for it. it shows that the liabilities contained in both seek to protect a 'freedom from fear'and that this 'right to security' explains a lot of other recently enacted criminal offences. this book identifies the normative source of this right to security in the idea of vulnerable autonomy. it demonstrates that the vulnerability of autonomy is an axiomatic assumption of political theories that have enjoyed a preponderant influence right across the political mainstream. it considers the influence of these normative commitments on the policy of both the new labour and the coalition governments. the insecurity state then explores how the wider contemporary criminal law also institutionalizes the right to security, and how this differs from the law's earlier protection of security interests. it examines the right to security, and its attendant penal liabilities, in the context of both human rights protection and normative criminal law theories. finally the book exposes the paradoxical claims about the state's authority that are entailed by penal laws that assume the vulnerability of the normal, representative citizen. the insecurity state offers a criminal law theory that is unorthodox in both its method and its content: blit is focused on a contemporary development in the 'special part' of the criminal law rather than the law's general principles. blit is an explanatory political sociology of substantive criminal law rather than the more familiar normative theory; but it is an explanatory theory that seeks to understand the law's historical development through an investigation of the changing character of its normative order. blit does not apply a pre-existing sociological or philosophical theory to the law; rather it develops a theoretical explanation from detailed legal analysis and reconstruction of new labour's penal laws. blit concludes that repressive criminal laws have arisen from a deficit of political authority rather than from excessive authoritarianism.

The Preventive Turn in Criminal Law

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Author by : Henrique Carvalho
Languange Used : English, France, Spanish, Italia and chinese
Page : 275
Isbn : 0198737858
Identifier : 9780198737858
Release : 2017-04-27
Publisher by : Oxford University Press
Category : Law
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Description : Read Now The Preventive Turn In Criminal Law by Henrique Carvalho and you can download with pub, pdf, txt, doc, and more file format with free account. 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, the preventive turn in criminal law demonstrates how recent transformations in criminal law and justiceare 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, andprevention 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, carvalhoproves 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 thepervasiveness 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.

Philosophical Foundations of Human Rights

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Author by : Rowan Cruft
Languange Used : English, France, Spanish, Italia and chinese
Page : 650
Isbn : 0199688621
Identifier : 9780199688623
Release : 2015
Publisher by : Oxford University Press
Category : Law
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Description : Read Now Philosophical Foundations Of Human Rights by Rowan Cruft and you can download with pub, pdf, txt, doc, and more file format with free account. readership: this book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Preventive Justice

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Author by : Andrew Ashworth
Languange Used : English, France, Spanish, Italia and chinese
Page : 306
Isbn : 0198712529
Identifier : 9780198712527
Release : 2014
Publisher by : Oxford University Press (UK)
Category : Law
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Description : Read Now Preventive Justice by Andrew Ashworth and you can download with pub, pdf, txt, doc, and more file format with free account. 'preventative justice' looks at the use of coercive preventive measures by the state, both within and beyond criminal law. examining preventive laws, measures, and institutions in and outside the criminal law, it explores the justifications given for using coercion to protect the public from harm.

Great American City Chicago and the Enduring Neighborhood Effect

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Author by : Robert J. Sampson
Languange Used : English, France, Spanish, Italia and chinese
Page : 534
Isbn : 0226734560
Identifier : 9780226734569
Release : 2012-02-15
Publisher by : University of Chicago Press
Category : Political Science
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Description : Read Now Great American City by Robert J. Sampson and you can download with pub, pdf, txt, doc, and more file format with free account. to demonstrate the powerfully enduring effect of place, this text reviews a decade of research in chicago, to demonstrate how neighborhoods influence social phenomena, including crime, health, civic engagement & altruism.

Appraising Strict Liability

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Author by : A. P. Simester
Languange Used : English, France, Spanish, Italia and chinese
Page : 286
Isbn : 9780199278510
Identifier : 0199278512
Release : 2005
Publisher by : Oxford University Press on Demand
Category : Law
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Description : Read Now Appraising Strict Liability by A. P. Simester and you can download with pub, pdf, txt, doc, and more file format with free account. strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mens rea or fault element. for example, in the 1986 case of storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. it was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions' they fulfilled were forgeries. thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent. appraising strict liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. the chapters, including european and anglo-american perspectives, provide a sustained and wide-ranging examination of the fundamental issues. they explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of european and human rights jurisprudence; and the interaction between substantive rules of strict liability and evidential presumptions. the breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.

Security and Privacy Global Standards for Ethical Identity Management in Contemporary Liberal Democratic States

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Author by : John Kleinig
Languange Used : English, France, Spanish, Italia and chinese
Page : 291
Isbn : 1921862580
Identifier : 9781921862588
Release : 2011-12-01
Publisher by : ANU E Press
Category : Political Science
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Description : Read Now Security And Privacy by John Kleinig and you can download with pub, pdf, txt, doc, and more file format with free account. this study is principally concerned with the ethical dimensions of identity management technology - electronic surveillance, the mining of personal data, and profiling - in the context of transnational crime and global terrorism. the ethical challenge at the heart of this study is to establish an acceptable and sustainable equilibrium between two central moral values in contemporary liberal democracies, namely, security and privacy. both values are essential to individual liberty, but they come into conflict in times when civil order is threatened, as has been the case from late in the twentieth century, with the advent of global terrorism and trans-national crime. we seek to articulate legally sustainable, politically possible, and technologically feasible, global ethical standards for identity management technology and policies in liberal democracies in the contemporary global security context. although the standards in question are to be understood as global ethical standards potentially to be adopted not only by the united states, but also by the european union, india, australasia, and other contemporary liberal democratic states, we take as our primary focus the tensions that have arisen between the united states and the european union.

Punishment and Freedom

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Author by : Alan Brudner
Languange Used : English, France, Spanish, Italia and chinese
Page : 360
Isbn : 0191633283
Identifier : 9780191633287
Release : 2009-07-16
Publisher by : OUP Oxford
Category : Law
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Description : Read Now Punishment And Freedom by Alan Brudner and you can download with pub, pdf, txt, doc, and more file format with free account. this book sets out a new understanding of the penal law of a liberal legal order. the prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. by contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. the book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. there are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.

Anti-Social Behaviour in Britain Victorian and Contemporary Perspectives

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Author by : Sarah Pickard
Languange Used : English, France, Spanish, Italia and chinese
Page : 375
Isbn : 1137399317
Identifier : 9781137399311
Release : 2014-10-22
Publisher by : Springer
Category : Social Science
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Description : Read Now Anti Social Behaviour In Britain by Sarah Pickard and you can download with pub, pdf, txt, doc, and more file format with free account. this comprehensive, interdisciplinary collection examines diverse forms of anti-social behaviour in victorian and contemporary britain, providing a unique comparison of the methods which have been employed by governments to control it.

Human Security and Mutual Vulnerability The Global Political Economy of Development and Underdevelopment

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Author by : Jorge Nef
Languange Used : English, France, Spanish, Italia and chinese
Page : 123
Isbn : 0889368791
Identifier : 9780889368798
Release : 1999
Publisher by : IDRC
Category : Political Science
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International Law and New Wars

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Author by : Christine Chinkin
Languange Used : English, France, Spanish, Italia and chinese
Page : 608
Isbn : 1107171210
Identifier : 9781107171213
Release : 2017-04-27
Publisher by : Cambridge University Press
Category : History
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Description : Read Now International Law And New Wars by Christine Chinkin and you can download with pub, pdf, txt, doc, and more file format with free account. examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

The 48 Laws of Power

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Author by : Robert Greene
Languange Used : English, France, Spanish, Italia and chinese
Page : 480
Isbn : 9781101042458
Identifier : 1101042451
Release : 2000-09-01
Publisher by : Penguin
Category : Self-Help
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Description : Read Now The 48 Laws Of Power by Robert Greene and you can download with pub, pdf, txt, doc, and more file format with free account. amoral, cunning, ruthless, and instructive, this multi-million-copy new york times bestseller is the definitive manual for anyone interested in gaining, observing, or defending against ultimate control – from the author of the laws of human nature. in the book that people magazine proclaimed “beguiling” and “fascinating,” robert greene and joost elffers have distilled three thousand years of the history of power into 48 essential laws by drawing from the philosophies of machiavelli, sun tzu, and carl von clausewitz and also from the lives of figures ranging from henry kissinger to p.t. barnum. some laws teach the need for prudence (“law 1: never outshine the master”), others teach the value of confidence (“law 28: enter action with boldness”), and many recommend absolute self-preservation (“law 15: crush your enemy totally”). every law, though, has one thing in common: an interest in total domination. in a bold and arresting two-color package, the 48 laws of power is ideal whether your aim is conquest, self-defense, or simply to understand the rules of the game.