Regulating Deviance The Redirection of Criminalisation and the Futures of Criminal Law

by McSherry, Bernadette; Norrie, Alan; Bronitt, Simon

• ISBN13: 9781841138909
• ISBN10: 1841138908
• Format: Paperback
• Copyright: 2008-12-22
• Publisher: Hart Publishing

Summary

The criminal attacks that occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Domestic criminal law has become a vehicle for criminalising 'new' terrorist offences and other transnational forms of criminality. 'Preventative' detention regimes have come to the fore, balancing the scales in favour of security rather than individual liberty. These moves complement already existing shifts in criminal justice policies and ideologies brought about by adjusting to globalisation, economic neo-liberalism and the shift away from the post-war liberal welfare settlement. This collection of essays by leading scholars in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law, focuses on the future directions for the criminal law in the light of current concerns with state security and regulating 'deviant' behaviour.

Author Biography

Bernadette McSherry is Professor of Law, Monash University and Australian Research Council Federation Fellow. Alan Norrie is the Edmund-Davies Professor of Criminal Law and Criminal Justice, King's College London. Simon Bronitt is Professor of Law and Director, National Europe Centre, the Australian National University.

Table of Contents

Preface	p. vii
List of Contributors	p. xi
Introduction
Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law	p. 3
Shifts in Criminal Justice Policies
Citizenship, Authoritarianism and the Changing Shape of the Criminal Law	p. 13
Fixing the Future? The Pre-emptive Turn in Criminal Justice	p. 35
'Victim-Driven' Criminalisation? Some Recent Trends in the Expansion of the Criminal Law	p. 59
The Quest for Security
Criminal Law, Human Rights and Preventative Justice	p. 87
The Theory of Vulnerable Autonomy and the Legitimacy of Civil Preventative Orders	p. 109
Expanding the Boundaries of Inchoate Crimes: The Growing Reliance on Preparatory Offences	p. 141
Social Science and Criminal Law Reform: Beyond Mere Opinion Polling and Penal Populism	p. 165
The Scope and Justification of Sexual Offences
Criminal Law and Private Spaces: Regulating Homosexual Acts in Singapore	p. 185
Moral Uncertainties of Rape and Murder: Problems at the Core of Criminal Law Theory	p. 213
Codification and The Liberal Promise
Criminal Codes in the 21st Century: The Paradox of the Liberal Promise	p. 235
Faultlines Between Guilt and Punishment in Australia's Model Criminal Code	p. 261
Index	p. 295
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