The Preventive Turn in Criminal Law (Oxford Monographs on Criminal Law and Justice)

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en Limba Engleză Carte Hardback – 27 Apr 2017
This book presents a theoretical examination of the rise and expansion of preventive criminal offences that has gained momentum in Anglo-American criminal justice since the late-twentieth century. It shows how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed and conditioned by their social, political and historical contexts. The book starts byidentifying a tension, within contemporary criminal law, between the importance given to the expression of individual autonomy and responsibility, and the perceived need for prevention as a condition for the security of autonomy and the promotion of welfare. The book then traces this tension back to anintrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment. It finds that it is this tension that ultimately grounds the rise of preventive criminal offences in recent times. The Preventive Turn in Criminal Law engages with the main contemporary literature on criminal law, prevention, risk, security and criminalisation, by deploying a theoretical perspective from both classical and contemporary works of social and political theory, including the works of Hobbes, Locke, Hegel, and Bentham. It does so in order to reveal that the pervasiveness of prevention in twenty-first century criminal law not only represents the consequence of new and unprecedentedfeatures of contemporary politics and society, but also embeds long-established features of the liberal legal and political tradition.
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ISBN-13: 9780198737858
ISBN-10: 0198737858
Pagini: 224
Dimensiuni: 171 x 242 x 21 mm
Greutate: 0.50 kg
Editura: Oxford University Press
Colecția OUP Oxford
Seria Oxford Monographs on Criminal Law and Justice

Locul publicării: Oxford, United Kingdom


This is an important and challenging interpretation of the so-called 'preventive turn' in criminal law. Carvalho argues that, far from being a development that is at odds with the logic and values of criminal law, as much academic commentary suggests, the logic of prevention is actually embedded in core concepts such as individual autonomy and responsibility. These, therefore, cannot be the bulwark against the spread of preventive offences, because, in practice, theyhave enabled the development of these measures. Against this Carvalho challenges us to rethink concepts such as liberty or autonomy as social concepts and to understand them in ways which do not further embed the preventive logic which lies at the heart of the modern criminal law. Overall this is animportant contribution to the critical analysis of criminal law and criminal law theory.
Carvalho's insight that, far from representing a radical and worrying break in the liberal tradition, the criminal law's preventive turn towards inchoate and pre-inchoate offences is in fact paradigmatic of liberalism, makes an important and provocative contribution to current debates on criminal justice.

Notă biografică

Henrique Carvalho is an Assistant Professor at Warwick Law School, University of Warwick.