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Books > Law > Laws of other jurisdictions & general law > Criminal law
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The Insecurity State - Vulnerable Autonomy and the Right to Security in the Criminal Law (Hardcover)
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The Insecurity State - Vulnerable Autonomy and the Right to Security in the Criminal Law (Hardcover)
Series: Oxford Monographs on Criminal Law and Justice
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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
Behavior 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 InsecurityState 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:
- It is focused on a contemporary development in the 'special part'
of the criminal law rather than the law's general principles.
- It 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.
- It 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.
- It concludes that repressive criminal laws have arisen from a
deficit of political authority rather than from excessive
authoritarianism.
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