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Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191021040
Category : Law
Languages : en
Pages : 310
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Book Description
This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191021040
Category : Law
Languages : en
Pages : 310
Get Book
Book Description
This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
Author: Myron Moskovitz
Publisher: Anderson Publishing Company (OH)
ISBN:
Category : Law
Languages : en
Pages : 678
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Book Description
Author: Louis Morris Brown
Publisher: West Group Publishing
ISBN:
Category : Auditing
Languages : en
Pages : 672
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Book Description
Author: Martin E. Segal
Publisher: Thomson South-Western
ISBN: 9780324225747
Category : Business law
Languages : en
Pages : 0
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Book Description
Martin Segal sees the workplace as an unending sequence of commercial transactions, and life in the workplace as a series of contractual agreements. We play in a field strewn with land mines - legal actions, large and small, waiting to explode. What may have started as a simple buyer-seller, borrower-lender transaction can escalate into differences of opinion, then blow up into a full-fury lawsuit. But, says Segal, this needn't happen. Most of these legal differences can be traced back to faulty, misunderstood contract and sales transactions, how they were conceived, created, implemented. Agreements that can't be enforced, business plans gone awry, unforeseen problems that suddenly pop up to wreck what once seemed to be golden business opportunities - these are some of the legal issues that Segal addresses in Preventive Law for Business Professionals. What Segal offers in response is his "anticipatory thinking approach," a "preventive law" method to lay bare and defang these legal perils before they evolve to such magnitude that expensive, time-consuming court action becomes inevitable. Dr. Segal offers a carefully culled list of the most salient and likely commercial transactions, issues that can be prevented, and what you can do to forestall them. Based on numerous examples and actual court cases, as well as from classic legal disputes, Segal lays out the legal reasoning of the presiding judges, often with direct quotations that provide an especially realistic, useful understanding of how these cases were actually decided - and why.
Author: David Schimmel
Publisher: Rowman & Littlefield Publishers
ISBN: 9781475831184
Category : Educational law and legislation
Languages : en
Pages : 0
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Book Description
This book gives principals the tools they need to avoid lawsuits by teaching their staff the information they need to practice preventive law. Lawsuits often begin when teachers unintentionally violate students' rights such as searching a student's cell phone without reasonable suspicion or failing to follow a student's Individualized Education Program. These violations do not occur because teachers intend to break the law. They occurred because the vast majority of teachers are not required to learn about the rights and responsibilities of students and teachers in their teacher preparation programs. As a result, most teachers get their legal information from the "law school" of the teachers' lounge--that is, from colleagues who are similarly uninformed and misinformed. Instead, what teachers want and need is an in-service program that will provide them with a basic understanding of school law. But most busy principals don't have the time, knowledge and resources to provide such a program for their staff. This book will meet this critical, unmet need. It provides principals with the resources and lesson plans they need to incorporate school law into their professional development program. As a result, their teachers will get their information about school law from a reliable source - not from the rumors, fears and myths of the teachers' lounge. By empowering their teachers with legal knowledge, principals and teachers will avoid lawsuits by becoming partners in the practice of preventive law.
Author: Christopher Slobogin
Publisher: Oxford University Press
ISBN: 019977840X
Category : Psychology
Languages : en
Pages : 210
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Book Description
In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions.
Author: Leslie-Anne Duvic-Paoli
Publisher:
ISBN: 1108429416
Category : Law
Languages : en
Pages : 429
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Book Description
The book provides a systematic and comprehensive study of the prevention principle in international environmental law.
Author: Hallie Ludsin
Publisher: Cambridge University Press
ISBN: 1316597989
Category : Political Science
Languages : en
Pages : 446
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Book Description
Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent. They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people. In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.
Author: Tamara Tulich
Publisher: Routledge
ISBN: 1317218558
Category : Law
Languages : en
Pages : 254
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Book Description
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
Author: Louis Morris Brown
Publisher: Fred B Rothman & Company
ISBN: 9780837703480
Category : Law
Languages : en
Pages : 298
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Book Description
