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

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Date posted: August 23, 2011  

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

Contact Information

Markus D. Dubber (Contact Author)
University of Toronto - Faculty of Law ( email )
78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
HOME PAGE: http://www.law.utoronto.ca/faculty-staff/full-time-faculty/markus-dubber

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