Indirect Criminalisation

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941444
Total Pages : 222 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Indirect Criminalisation by : Stavros Demetriou

Download or read book Indirect Criminalisation written by Stavros Demetriou and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first detailed study of 'indirect criminalisation' (the legal treatment of antisocial behaviour through civil preventative measures such as the ASBO) in England and Wales. Since the late 20th century many Western jurisdictions introduced a range of civil preventive measures in order to prevent and deal with various types of criminality. Although the stated objective of these interventions is the prevention of crime, their implementation can result in the imposition of restrictions akin to criminal punishment leading to the indirect criminalisation of certain kinds of behaviour. Through the adoption of an interdisciplinary approach which combines criminal law theory and empirical criminology, this book engages with the phenomenon of indirect criminalisation using the legal framework on anti-social behaviour in England and Wales as a case study. It engages with central questions within legal theory: - what are the normative challenges posed by indirect criminalisation and mechanisms for distinguishing criminal from non-criminal rules? - how can such questions be tested and applied empirically? - has the ASBO's successor been operating as de facto criminal measure?

Indirect Criminalisation

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941452
Total Pages : 187 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Indirect Criminalisation by : Stavros Demetriou

Download or read book Indirect Criminalisation written by Stavros Demetriou and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first detailed study of 'indirect criminalisation' (the legal treatment of antisocial behaviour through civil preventative measures such as the ASBO) in England and Wales. Since the late 20th century many Western jurisdictions introduced a range of civil preventive measures in order to prevent and deal with various types of criminality. Although the stated objective of these interventions is the prevention of crime, their implementation can result in the imposition of restrictions akin to criminal punishment leading to the indirect criminalisation of certain kinds of behaviour. Through the adoption of an interdisciplinary approach which combines criminal law theory and empirical criminology, this book engages with the phenomenon of indirect criminalisation using the legal framework on anti-social behaviour in England and Wales as a case study. It engages with central questions within legal theory: - what are the normative challenges posed by indirect criminalisation and mechanisms for distinguishing criminal from non-criminal rules? - how can such questions be tested and applied empirically? - has the ASBO's successor been operating as de facto criminal measure?

Crimes, Harms, and Wrongs

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847316573
Total Pages : 258 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Crimes, Harms, and Wrongs by : A P Simester

Download or read book Crimes, Harms, and Wrongs written by A P Simester and published by Bloomsbury Publishing. This book was released on 2011-06-24 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak

Controlling Immigration Through Criminal Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 150993393X
Total Pages : 311 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Controlling Immigration Through Criminal Law by : Gian Luigi Gatta

Download or read book Controlling Immigration Through Criminal Law written by Gian Luigi Gatta and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.

The Cambridge Companion to European Criminal Law

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Publisher : Cambridge University Press
ISBN 13 : 1108858406
Total Pages : 527 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Cambridge Companion to European Criminal Law by : Kai Ambos

Download or read book The Cambridge Companion to European Criminal Law written by Kai Ambos and published by Cambridge University Press. This book was released on 2023-01-31 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book's structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less oriented readers to gain access to European criminal law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions which are both of the highest academic standards and accessibly readable.

Indirect Responsibility for Terrorist Acts

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Publisher : BRILL
ISBN 13 : 9047444973
Total Pages : 532 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Indirect Responsibility for Terrorist Acts by : Marja Letho

Download or read book Indirect Responsibility for Terrorist Acts written by Marja Letho and published by BRILL. This book was released on 2009-10-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The roots of organized crime penetrate deep into the normal operations of society, its economic and financial patterns, sometimes also its bureaucracy and ideological apparatuses. Drug trafficking, traffic in persons or terrorist networks could not exist if they did not engage large groups of people and routine patterns of social and economic behaviour. Often the “indirect” actors remain hidden, however, and beyond the reach of the arm of the law. In an analogical way, “terrorism” emerges from and is sustained by a wide network of ideological, economic, financial and other actors and activities. Marja Lehto maps in this work the way in which international legal regulation, particularly the new conventions adopted within the UN after 1996 ,have sought to extend international responsibility beyond the groups of immediate perpetrators, to the sources or incitation, recruitment, and financing of terrorist activities.She also deals with some of the thorniest questions in the field along the way – from the significance and difficulties in the of efforts to define “terrorism” to the need for a “general part” of international criminal law, and the role of a political organ – the United Nations Security Council – in preventing and punishing the crime of terrorism..This carefully crafted, insightful and hugely relevant study not only fulfils a gap in the existing literature but does so with analytical precision, bearing simultaneously in mind the important political and theoretical, even philosophical implications of this contentious topic. “Few topics have generated more international law writing in recent years, both scholarly and polemical, than terrorism. [...] So it is a genuinely welcome surprise when someone brings out a study that has a fresh angle on the topic, and all the more so if the writer not only fulfils what appears like an obvious gap in existing literature but does that with analytical precision, bearing simultaneously in mind the important political and theoretical, even philosophical implications of this contentious topic. This is what Marja Lehto does in this carefully crafted, insightful and hugely relevant study of what she suggests we call ‘indirect responsibility’ for terrorist acts.” Martti Koskenniemi, Academy Professor (University of Helsinki)

Criminal Obsessions

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Publisher :
ISBN 13 :
Total Pages : 108 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Criminal Obsessions by : Paddy Hillyard

Download or read book Criminal Obsessions written by Paddy Hillyard and published by . This book was released on 2005 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal obsessions is a critique of conventional criminological approaches to social issues. The contributors show how social harm relates to social and economic inequalities that are at the heart of the liberal state. This second edition of Criminal obsessions includes an additional essay by Simon Pemberton in which he develops theoretically the concept of social harm and discusses the future of the social harm perspective.

Moral Rhetoric and the Criminalisation of Squatting

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Author :
Publisher : Routledge
ISBN 13 : 1317807952
Total Pages : 264 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Moral Rhetoric and the Criminalisation of Squatting by : Lorna Fox O'Mahony

Download or read book Moral Rhetoric and the Criminalisation of Squatting written by Lorna Fox O'Mahony and published by Routledge. This book was released on 2014-10-24 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of critical essays considers the criminalisation of squatting from a range of different theoretical, policy and practice perspectives. While the practice of squatting has long been criminalised in some jurisdictions, the last few years have witnessed the emergence of a newly constituted political concern with unlawful occupation of land. With initiatives to address the ‘threat’ of squatting sweeping across Europe, the offence of squatting in a residential building was created in England in 2012. This development, which has attracted a large measure of media attention, has been widely regarded as a controversial policy departure, with many commentators, Parliamentarians, and professional organisations arguing that its support is premised on misunderstandings of the current law and a precarious evidence-base concerning the nature and prevalence of ‘squatting’. Moral Rhetoric and the Criminalisation of Squatting explores the significance of measures to criminalise squatting for squatters, owners and communities. The book also interrogates wider themes that draw on political philosophy, social policy, criminal justice and the nature of ownership, to consider how the assimilation of squatting to a contemporary punitive turn is shaping the political, social, legal and moral landscapes of property, housing and crime.

Crime, Shame and Reintegration

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Publisher : Cambridge University Press
ISBN 13 : 113993578X
Total Pages : 242 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Crime, Shame and Reintegration by : John Braithwaite

Download or read book Crime, Shame and Reintegration written by John Braithwaite and published by Cambridge University Press. This book was released on 1989-03-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime, Shame and Reintegration is a contribution to general criminological theory. Its approach is as relevant to professional burglary as to episodic delinquency or white collar crime. Braithwaite argues that some societies have higher crime rates than others because of their different processes of shaming wrongdoing. Shaming can be counterproductive, making crime problems worse. But when shaming is done within a cultural context of respect for the offender, it can be an extraordinarily powerful, efficient and just form of social control. Braithwaite identifies the social conditions for such successful shaming. If his theory is right, radically different criminal justice policies are needed - a shift away from punitive social control toward greater emphasis on moralizing social control. This book will be of interest not only to criminologists and sociologists, but to those in law, public administration and politics who are concerned with social policy and social issues.

The Criminalisation of Social Policy in Neoliberal Societies

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Author :
Publisher : Policy Press
ISBN 13 : 1529202973
Total Pages : 248 pages
Book Rating : 4.5/5 (292 download)

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Book Synopsis The Criminalisation of Social Policy in Neoliberal Societies by : Kiely, Elizabeth

Download or read book The Criminalisation of Social Policy in Neoliberal Societies written by Kiely, Elizabeth and published by Policy Press. This book was released on 2021-11-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: From anti-immigration agendas that criminalise vulnerable populations, to the punishment of the poor and the governance of parenting, this timely book explores how diverse fields of social policy intersect more deeply than ever with crime control and, in so doing, deploy troubling strategies. The international context of this book is complemented by the inclusion of specific policy examples across the themes of work and welfare; borders and migration; family policy; homelessness and the reintegration of justice-involved persons. This book incites the reader to consider how we can reclaim the best of the ‘social’ in social policy for the twenty-first century.

Criminalization, Representation, Regulation

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Publisher : University of Toronto Press
ISBN 13 : 1442607106
Total Pages : 481 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Criminalization, Representation, Regulation by : Deborah Brock

Download or read book Criminalization, Representation, Regulation written by Deborah Brock and published by University of Toronto Press. This book was released on 2014-01-01 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws on Foucault's concept of governmentality as a lens to analyze and critique how crime is understood, reproduced, and challenged.

Criminalisation and advanced marginality

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Author :
Publisher : Policy Press
ISBN 13 : 1447300009
Total Pages : 282 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis Criminalisation and advanced marginality by : Peter Squires

Download or read book Criminalisation and advanced marginality written by Peter Squires and published by Policy Press. This book was released on 2013 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lo c Wacquant's writings have shaken the world of criminology--and social science more generally--to their foundations with a wide-ranging critique of neoliberal governance's approach to crime and poverty and its reorientation of state power from welfare to discipline. The first book to fully engage with Wacquant's work, Criminalisation and Advanced Marginality presents critical but constructive essays on his challenging ideas, focusing on the governance of crime and disorder, welfare, and "diswelfare." It concludes with Wacquant's responses to the authors' comments and critiques.

Wrongs and Crimes

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Publisher : Oxford University Press
ISBN 13 : 0191067318
Total Pages : 656 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Wrongs and Crimes by : Victor Tadros

Download or read book Wrongs and Crimes written by Victor Tadros and published by Oxford University Press. This book was released on 2016-12-15 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The sixth volume in the series offers a philosophical investigation of the relationship between moral wrongdoing and criminalization. Considering they justification of punishment, the nature of harm, the importance of autonomy, inchoate wrongdoing, the role of consent, and the role of the state, the book provides an account of the nature of moral wrong doing, the sources of wrong doing, why wrong doing is the central target of the criminal law, and the ways in which criminalization of non-wrongful conduct might be permissible.

Core Concepts in Criminal Law and Criminal Justice

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Publisher : Cambridge University Press
ISBN 13 : 1108483399
Total Pages : 507 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

The Culture of Control

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022619017X
Total Pages : 325 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis The Culture of Control by : David Garland

Download or read book The Culture of Control written by David Garland and published by University of Chicago Press. This book was released on 2012-07-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past 30 years have seen vast changes in our attitudes toward crime. More and more of us live in gated communities; prison populations have skyrocketed; and issues such as racial profiling, community policing, and "zero-tolerance" policies dominate the headlines. How is it that our response to crime and our sense of criminal justice has come to be so dramatically reconfigured? David Garland charts the changes in crime and criminal justice in America and Britain over the past twenty-five years, showing how they have been shaped by two underlying social forces: the distinctive social organization of late modernity and the neoconservative politics that came to dominate the United States and the United Kingdom in the 1980s. Garland explains how the new policies of crime and punishment, welfare and security—and the changing class, race, and gender relations that underpin them—are linked to the fundamental problems of governing contemporary societies, as states, corporations, and private citizens grapple with a volatile economy and a culture that combines expanded personal freedom with relaxed social controls. It is the risky, unfixed character of modern life that underlies our accelerating concern with control and crime control in particular. It is not just crime that has changed; society has changed as well, and this transformation has reshaped criminological thought, public policy, and the cultural meaning of crime and criminals. David Garland's The Culture of Control offers a brilliant guide to this process and its still-reverberating consequences.

Sustainable Development, International Criminal Justice, and Treaty Implementation

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Publisher : Cambridge University Press
ISBN 13 : 1107245060
Total Pages : 393 pages
Book Rating : 4.1/5 (72 download)

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Book Synopsis Sustainable Development, International Criminal Justice, and Treaty Implementation by : Sébastien Jodoin

Download or read book Sustainable Development, International Criminal Justice, and Treaty Implementation written by Sébastien Jodoin and published by Cambridge University Press. This book was released on 2013-06-24 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.

Transnational Terrorist Groups and International Criminal Law

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Author :
Publisher : Routledge
ISBN 13 : 1351965689
Total Pages : 256 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Transnational Terrorist Groups and International Criminal Law by : Anna Marie Brennan

Download or read book Transnational Terrorist Groups and International Criminal Law written by Anna Marie Brennan and published by Routledge. This book was released on 2018-07-27 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attacks by network-based transnational terrorist groups cause on average 25,000 deaths every year worldwide, with the law enforcement agencies of some states facing many challenges in bringing those responsible to justice. Despite various attempts to codify the law on transnational terrorism since the 1930s, a crime of transnational terrorism under international law remains contested, reflecting concerns regarding the relative importance of prosecuting members of transnational terrorist groups before the International Criminal Court. This book critically examines the limits of international criminal law in bringing members of transnational terrorist groups to justice in the context of changing methods of warfare, drawing from human rights, sociology, and best practices in international criminal justice. Drawing on organisational network theory, Anna Marie Brennan explores the nature of international crimes and assesses the potential for the International Criminal Court to prosecute and investigate alleged crimes perpetrated by members of transnational terrorist groups, paying particular attention to their modus operandi and organisational structure. This book argues that because of the network-based organisational structure of some transnational terrorist groups, achieving justice for victims will prove challenging, in the context of the relationship between the commanders and the subordinate members of the group requiring a re-evaluation of accountability mechanisms at the international level. In advancing an innovative perspective on the accountability of members of transnational terrorist groups, and in offering solutions to current challenges, the book will be of great interest and use to academic, practitioners, and students engaged in the study of terrorism, the ICC, or international humanitarian law.