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Regulating Preventive Justice - Principle, Policy and Paradox (Hardcover)
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Regulating Preventive Justice - Principle, Policy and Paradox (Hardcover)
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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
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