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The Preventive Turn in Criminal Law (Hardcover)
Loot Price: R2,713
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The Preventive Turn in Criminal Law (Hardcover)
Series: Oxford Monographs on Criminal Law and Justice
Expected to ship within 12 - 17 working days
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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.
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