Incivilities Regulating Offensive Behaviour

by Simester; Simester, A.P.; Hirsch, Von

• ISBN13: 9781841134994
• ISBN10: 1841134996
• Format: Hardcover
• Copyright: 2006-10-01
• Publisher: Hart Publishing

Summary

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.

Author Biography

A P Simester is Professor of Law and Provost's Chair at the National University of Singapore and the Edmund-Davies Professor of Criminal Law at King's College London.
Andreas von Hirsch is Emeritus Honorary Professor of Penal Theory and Penal Law at the Cambridge University, and Honorary Professor of Penal Theory at the Law Faculty, Goethe-University Frankfurt, Germany. Much of his earlier writing has appeared under his anglicised name, Andrew von Hirsch.

Table of Contents

Preface	v
List of Contributors	ix
1 Penal Offence in Question: Some Reference Points for Interdisciplinary Conversation	1	(56)
Paul Roberts
2 How Offensive Can You Get?	57	(34)
RA Duff and SE Marshall
3 Disgust: Metaphysical and Empirical Speculations	91	(24)
Douglas Husak
4 Penalising Offensive Behaviour: Constitutive and Mediating Principles	115	(18)
Andrew von Hirsch and AP Simester
5 Legal Regulation of Offence	133	(16)
Tatjana Hörnle
6 Crimes of Offence	149	(24)
John Tasioulas
7 Regulating Offensive Conduct through Two-Step Prohibitions	173	(22)
AP Simester and Andrew von Hirsch
8 'No Spitting': Regulation of Offensive Behaviour in England and Wales	195	(24)
Elizabeth Burney
9 Social Capital, Trust and Offensive Behaviour	219	(20)
Bryan S Turner
10 Incivilities, Offence and Social Order in Residential Communities	239	(42)
Anthony E Bottoms
Index	281