Regulating deviance : the redirection of criminalisation and the futures of criminal law
Author(s)
Bibliographic Information
Regulating deviance : the redirection of criminalisation and the futures of criminal law
（Oñati international series in law and society）
Hart, 2009
- : hardback
- : pbk
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Note
Includes bibliographical references and index
Description and Table of Contents
Description
The criminal attacks that occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Domestic criminal law has become a vehicle for criminalising 'new' terrorist offences and other transnational forms of criminality. 'Preventative' detention regimes have come to the fore, balancing the scales in favour of security rather than individual liberty. These moves complement already existing shifts in criminal justice policies and ideologies brought about by adjusting to globalisation, economic neo-liberalism and the shift away from the post-war liberal welfare settlement. This collection of essays by leading scholars in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law, focuses on the future directions for the criminal law in the light of current concerns with state security and regulating 'deviant' behaviour.
Table of Contents
Part I: Introduction
1. Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law
Bernadette McSherry, Alan Norrie and Simon Bronitt
Part II: Shifts in Criminal Justice Policies
2. Citizenship, Authoritarianism and the Changing Shape of the Criminal Law
Alan Norrie
3. Fixing the Future? The Pre-emptive Turn in Criminal Justice
Lucia Zedner
4. 'Victim-Driven' Criminalisation? Some Recent Trends in the Expansion of the Criminal Law
Leslie Sebba
Part III: The Quest for Security
5. Criminal Law, Human Rights and Preventative Justice
Andrew Ashworth
6. The Theory of Vulnerable Autonomy and the Legitimacy of Civil Preventative Orders
Peter Ramsay
7. Expanding the Boundaries of Inchoate Crimes: The Growing Reliance on Preparatory Offences
Bernadette McSherry
8. Social Science and Criminal Law Reform: Beyond Mere Opinion Polling and Penal Populism
Mark Nolan
Part IV: The Scope and Justification of Sexual Offences
9. Criminal Law and Private Spaces: Regulating Homosexual Acts in Singapore
Kumaralingam Amirthalingam
10. Moral Uncertainties of Rape and Murder: Problems at the Core of Criminal Law Theory
Ngaire Naffine
Part V: Codification and The Liberal Promise
11. Criminal Codes in the 21st Century: The Paradox of the Liberal Promise
Simon Bronitt and Miriam Gani
12. Faultlines Between Guilt and Punishment in Australia's Model Criminal Code
Ian Leader-Elliott
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