Chapter

Failure to Reassure as Threat

Peter Ramsay

in The Insecurity State

Published in print April 2012 | ISBN: 9780199581061
Published online September 2012 | e-ISBN: 9780191741005 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199581061.003.0002

Series: Oxford Monographs on Criminal Law and Justice

Failure to Reassure as Threat

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This chapter provides a detailed analysis of the case law governing the imposition of an Anti-Social Behaviour Order (ASBO). It demonstrates first that the grounds for imposing an order are defined as any conduct that manifests a disposition that fails to reassure others about their security; and second that a finding of liability to an order is best understood as the exercise of a power in administrative law to make a risk assessment and preventive order rather than to impose a punishment. This analysis is deployed to critique the theory that the ASBO is a punishment for morally offensive behaviour.

Keywords: ASBO; Anti-Social Behaviour Order; Crime and Disorder Act 1998; fear of crime; offensiveness; respect; preventive orders

Chapter.  12159 words. 

Subjects: Criminal Law

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