Incivilities : regulating offensive behaviour

著者

    • Simester, A. P.
    • Von Hirsch, Andrew

書誌事項

Incivilities : regulating offensive behaviour

edited by Andrew von Hirsch and A.P. Simester

（Studies in penal theory and penal ethics, vol. 3）

Hart publishing, 2006

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area. This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law. These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour.

目次

1 Penal Offence in Question: Some Reference Points for Interdisciplinary Conversation Paul Roberts 2 How Offensive Can You Get? RA Duff and SE Marshall 3 Disgust: Metaphysical and Empirical Speculations Douglas Husak 4 Penalising Offensive Behaviour: Constitutive and Mediating Principles Andrew von Hirsch and AP Simester 5 Legal Regulation of Offence Tatjana Hoernle 6 Crimes of Offence John Tasioulas 7 Regulating Offensive Conduct through Two-Step Prohibitions AP Simester and Andrew von Hirsch 8 'No Spitting': Regulation of Offensive Behaviour in England and Wales Elizabeth Burney 9 Social Capital, Trust and Offensive Behaviour Bryan S Turner Incivilities, Offence and Social Order in Residential Communities Anthony E Bottoms

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