Preventive Justice: The Search for Principles
Markus D. Dubber
University of Toronto - Faculty of Law
August 22, 2011
In this essay, I sketch a critical analysis of doctrines and practices commonly identified as instances of “preventive justice.” In Part I, after rehearsing briefly the distinction between law and police as alternative modes of governance best viewed in contradistinction to one another, I argue that preventive justice is neither new, nor different, being instead a long familiar instance of penal police. Part II moves from analysis to critique, considering briefly various criticisms of “preventive justice” raised, or implied, and concluding that they miss the mark, either because they are inapposite (from the perspective of police) or unfounded (from the perspective of law).
Number of Pages in PDF File: 32
Keywords: preventive justice, preventive state, police power, ASBO, control order, Blackstone, Pound, Williams
JEL Classification: K14, K30, K33
Date posted: August 23, 2011
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