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Civil Society, Dangerousness, and the Ambivalence of Liberal Civil Order

Henrique Carvalho.

in The Preventive Turn in Criminal Law

April 2017; p ublished online June 2017 .

Chapter. Subjects: Criminal Law; Constitutional and Administrative Law. 11277 words.

This chapter concludes the book’s investigation into the conceptual foundations of the ambivalence found in contemporary criminal law and subjectivity. It discusses how this ambivalence...

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Constitutional Principles

Benjamin L. Berger.

in The Oxford Handbook of Criminal Law

November 2014; p ublished online March 2015 .

Article. Subjects: Law; Criminal Law; Constitutional and Administrative Law. 10625 words.

Contemporary criminal law is best understood as a species of constitutional reflection. This chapter begins by considering the way in which substantive criminal law has become a laboratory...

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Criminal Procedure

Carol Steiker.

in The Oxford Handbook of the U.S. Constitution

October 2015; p ublished online November 2015 .

Article. Subjects: Law; Constitutional and Administrative Law; Criminal Law. 11803 words.

This chapter examines the role of U.S. constitutional law in shaping criminal justice practices at all levels of government, focusing on the past five decades of concentrated activity. It...

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Criminal Subjectivity and Socio-Political Imagination

Henrique Carvalho.

in The Preventive Turn in Criminal Law

April 2017; p ublished online June 2017 .

Chapter. Subjects: Criminal Law; Constitutional and Administrative Law. 11984 words.

This chapter explores the main conceptual building blocks for a reconceptualization of the subject of criminal law and its role in the process of criminalization. It focuses mainly on an...

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Epilogue

Henrique Carvalho.

in The Preventive Turn in Criminal Law

April 2017; p ublished online June 2017 .

Chapter. Subjects: Criminal Law; Constitutional and Administrative Law. 1043 words.

The epilogue reflects on the general problems identified in the book, and briefly considers its implications to legal scholarship in general and criminal law theory in particular. The main...

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Free Speech and Expression

Lawrence Liang.

in The Oxford Handbook of the Indian Constitution

March 2016; p ublished online February 2017 .

Article. Subjects: Constitutional and Administrative Law; Criminal Law. 11216 words.

This chapter examines the place of the right to freedom of speech and expression within Indian constitutionalism. After reviewing the classical normative arguments for free speech, it...

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Liberty, Insecurity, and the Conceptual Foundations of Reassurance

Henrique Carvalho.

in The Preventive Turn in Criminal Law

April 2017; p ublished online June 2017 .

Chapter. Subjects: Criminal Law; Constitutional and Administrative Law. 13010 words.

This chapter examines the ambivalent relation between individual liberty and insecurity in the conceptual framework of criminal law. It does so primarily through a critical examination of...

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Mutual Benefit, Property, and the Conceptual Foundations of Trust

Henrique Carvalho.

in The Preventive Turn in Criminal Law

April 2017; p ublished online June 2017 .

Chapter. Subjects: Criminal Law; Constitutional and Administrative Law. 12577 words.

This chapter builds on the discussion initiated in the previous chapter, contrasting the political theory of Thomas Hobbes with that of John Locke in order to argue that the same insecurity...

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The Preventive Turn

Henrique Carvalho.

in The Preventive Turn in Criminal Law

April 2017; p ublished online June 2017 .

Chapter. Subjects: Criminal Law; Constitutional and Administrative Law. 8953 words.

This concluding chapter applies the theoretical framework developed throughout the book to the contemporary framework of criminal law. It traces the ambivalence of criminal subjectivity...

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The Preventive Turn in Criminal Law

Henrique Carvalho.

April 2017; p ublished online June 2017 .

Book. Subjects: Criminal Law; Constitutional and Administrative Law. 224 pages.

This book presents a theoretical examination of the rise and expansion of preventive criminal offences that has gained momentum in Anglo-American criminal justice since the late twentieth...

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