Preventive Justice: The Search for Principles

32 Pages Posted: 23 Aug 2011  

Markus D. Dubber

University of Toronto - Faculty of Law; University of Toronto - Centre for Ethics

Date Written: August 22, 2011

Abstract

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).

Keywords: preventive justice, preventive state, police power, ASBO, control order, Blackstone, Pound, Williams

JEL Classification: K14, K30, K33

Suggested Citation

Dubber, Markus D., Preventive Justice: The Search for Principles (August 22, 2011). Available at SSRN: https://ssrn.com/abstract=1914679 or http://dx.doi.org/10.2139/ssrn.1914679

Markus D. Dubber (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

HOME PAGE: http://www.law.utoronto.ca/faculty-staff/full-time-faculty/markus-dubber

University of Toronto - Centre for Ethics ( email )

6 Hoskin Avenue
Toronto, Ontario M5S 1H8
Canada

HOME PAGE: http://ethics.utoronto.ca

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