The Right to Security in Criminal Law Theory

Peter Ramsay

in The Insecurity State

Published in print April 2012 | ISBN: 9780199581061
Published online September 2012 | e-ISBN: 9780191741005 | DOI:

Series: Oxford Monographs on Criminal Law and Justice

The Right to Security in Criminal Law Theory

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This chapter assesses the penal protection of the right to security in the terms of thee recently published broadly liberal theories of criminal law: Douglas Husak's theory of the limits of criminalization; Markus Dubber's critique of the police power; and Alan Brudner's theory of dialogic community. The enemy criminal law theory of Gunther Jakobs is also briefly considered. The purpose of the assessment is to understand the relationship of the right to security to liberalism. It argues that from the point of view of liberal political theories of criminal law, protection of the right to security is inconsistent with the state's authority understood either as a traditional (and essentially illiberal) patriarchal order or as a modern liberal state.

Keywords: overcriminalization; Husak; police power; new science of police; power of police; Dubber; dialogic community; Brudner; enemy criminal law

Chapter.  15046 words. 

Subjects: Criminal Law

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