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Law, Insecurity and Risk Control

Author: John Pratt

Publisher: Springer Nature

Published: 2020-08-05

Total Pages: 400

ISBN-13: 3030488721

This book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980’s - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the ‘security sanction’ and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the ‘magic’ of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.

Crime in an Insecure World

Author: Richard V. Ericson

Publisher: Polity

Published: 2007-01-09

Total Pages: 265

ISBN-13: 0745638287

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'Crime in an Insecure World' investigates the alarming trend across Western societies of treating every imaginable source of harm as a crime. The book explains why selected issues of national security, social security, corporate security and domestic security are at the top of the political agenda.

Justice and Security in the 21st Century

Author: Barbara Hudson

Publisher: Routledge

Published: 2012-01-30

Total Pages: 299

ISBN-13: 1136451021

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This book examines the question of whether justice or security is the primary virtue of 21st-century society. The issue of enhancing security without undermining justice – managing risk without undermining the rule of law – has always been problematic. However, recent developments such as new counter-terrorism measures, the expanding scope of criminal law, harsher migration control and an increasingly pronounced concern with public safety, have posed new challenges. The key element of these contemporary challenges is that of membership and exclusion: that is, who is to be included within the community of justice, and against whom is the just community aiming to defend itself? Justice and Security in the 21st Century brings together researchers from various academic disciplines and different countries in order to explore these developments. It attempts to chart the complex landscapes of justice, human rights and the rule of law in an era when such ideals are challenged by increasing demands for efficiency, effectiveness, public safety and security. This edited volume will be of much interest to students of critical legal studies, criminology, critical security studies, human rights, sociology and IR in general.

Rhetoric of InSecurity

Author: Victoria Baines

Publisher: Routledge

Published: 2021-07-13

Total Pages: 160

ISBN-13: 100040658X

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This book demands that we question what we are told about security, using tools we have had for thousands of years. The work considers the history of security rhetoric in a number of distinct but related contexts, including the United States’ security strategy, the "war" on Big Tech, and current concerns such as cybersecurity. Focusing on the language of security discourse, it draws common threads from the ancient world to the present day and the near future. The book grounds recent comparisons of Donald Trump to the Emperor Nero in a linguistic evidence base. It examines the potential impact on society of policy-makers’ emphasis on the novelty of cybercrime, their likening of the internet to the Wild West, and their claims that criminals have "gone dark". It questions governments’ descriptions of technology companies in words normally reserved for terrorists, and asks who might benefit. Interdisciplinary in approach, the book builds on existing literature in the Humanities and Social Sciences, most notably studies on rhetoric in Greco-Roman texts, and on the articulation of security concerns in law, international relations, and public policy contexts. It adds value to this body of research by offering new points of comparison, and a fresh but tried and tested way of looking at problems that are often presented as unprecedented. It will be essential to legal and policy practitioners, students of Law, Politics, Media, and Classics, and all those interested in employing critical thinking.

Security and Risk Technologies in Criminal Justice: Critical Perspectives

Author: Stacey Hannem

Publisher: Canadian Scholars’ Press

Published: 2019-01-02

Total Pages: 312

ISBN-13: 177338094X

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Security and Risk Technologies in Criminal Justice takes students through the evolution of risk technology devices, processes, and prevention. This seminal text unpacks technology’s influence on our understanding of governance and social order in areas of criminal justice, policing, and security. With a foreword by leading scholar Kevin Haggerty, the collection consists of three sections that explore the impact of big data, traditional risk practices, and the increased reliance on technology in criminal justice. Eight chapters offer diverse examples that are linked by themes of preventative justice, calculability of risk, the theatre and reality of technology, and the costs of justice. With both national and international appeal, this vital resource is ideal for undergraduate and graduate students in criminology, police studies, or sociology.

Law, Insecurity and Risk Control

Author: John Pratt

Publisher: Palgrave Macmillan

Published: 2021-08-20

Total Pages: 387

ISBN-13: 9783030488741

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This book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980’s - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the ‘security sanction’ and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the ‘magic’ of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.

In Search of Criminal Responsibility

Author: Nicola Lacey

Publisher: Oxford University Press

Published: 2016

Total Pages: 257

ISBN-13: 0199248206

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What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.

Contrasts in Punishment

Author: John Pratt

Publisher: Routledge

Published: 2014-06-03

Total Pages: 273

ISBN-13: 1136217002

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Why do some modern societies punish their offenders differently to others? Why are some more punitive and others more tolerant in their approach to offending and how can these differences be explained? Based on extensive historical analysis and fieldwork in the penal systems of England, Australia and New Zealand on the one hand and Finland, Norway and Sweden on the other, this book seeks to answer these questions. The book argues that the penal differences that currently exist between these two clusters of societies emanate from their early nineteenth-century social arrangements, when the Anglophone societies were dominated by exclusionary value systems that contrasted with the more inclusionary values of the Nordic countries. The development of their penal programmes over this two hundred year period, including the much earlier demise of the death penalty in the Nordic countries and significant differences between the respective prison rates and prison conditions of the two clusters, reflects the continuing influence of these values. Indeed, in the early 21st century these differences have become even more pronounced. John Pratt and Anna Eriksson offer a unique contribution to this topic of growing importance: comparative research in the history and sociology of punishment. This book will be of interest to those studying criminology, sociology, punishment, prison and penal policy, as well as professionals working in prisons or in the area of penal policy across the six societies that feature in the book.