Abstract

http://ssrn.com/abstract=1469891
 
 

Footnotes (81)



 


 



The Meaning of the Precautionary Principle for the Assessment of Criminal Measures in the Fight against Terrorism


Matthias J. Borgers


VU University Amsterdam

Elies Van Sliedregt


VU University Amsterdam - Faculty of Law

September 8, 2009

Erasmus Law Review, Vol. 2, No. 2, 2009

Abstract:     
Criminal lawyers and criminologists often refer to contemporary society as the risk society, dominated by an awareness and fear of risks that threaten security: for instance, terrorist attacks. Governments respond to this fear by taking measures that prevent such risks as much as possible. This has led to the development of a concomitant change to preventive criminal justice, illustrated most prominently with regard to recent anti-terrorism legislation. There is much debate in criminal law circles, engaging both scholars and politicians, on the need for preventive criminal law. Different points of view are expressed. Often, the framework against which preventive criminal law is assessed is human rights law: in European circles, the European Convention for the Protection of Human Rights. In this paper, we opt for a different approach: preventive criminal justice is evaluated on the basis of the precautionary principle.

Number of Pages in PDF File: 25

Keywords: criminal law, terrorism, human rights, precaution, precautionary principle

JEL Classification: K14

Accepted Paper Series





Download This Paper

Date posted: September 8, 2009 ; Last revised: December 19, 2012

Suggested Citation

Borgers, Matthias J. and Sliedregt, Elies van, The Meaning of the Precautionary Principle for the Assessment of Criminal Measures in the Fight against Terrorism (September 8, 2009). Erasmus Law Review, Vol. 2, No. 2, 2009. Available at SSRN: http://ssrn.com/abstract=1469891

Contact Information

Matthias J. Borgers (Contact Author)
VU University Amsterdam ( email )
De Boelelaan 1105
1081 HV Amsterdam
Netherlands
Elies Van Sliedregt
VU University Amsterdam - Faculty of Law ( email )
De Boelelaan 1105
1081 HV Amsterdam
Netherlands
Feedback to SSRN


Paper statistics
Abstract Views: 852
Downloads: 125
Download Rank: 137,053
Footnotes:  81

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.235 seconds