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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?
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