Chapter

Preparation Offences, Security Interests, Political Freedom

Peter Ramsay

in The Structures of the Criminal Law

Published in print December 2011 | ISBN: 9780199644315
Published online January 2012 | e-ISBN: 9780191732249 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199644315.003.0010

Series: Criminalization

Preparation Offences, Security Interests, Political Freedom

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This chapter identifies both the precise security interests that are protected by the offence of preparation of terrorism and the assumptions about the law's subjects that must be made in order to justify protecting these interests by enforcing the offence. It proceeds by analysing security interests into the objective and the subjective, and then comparing the way these different security interests are protected by the preparation offence and by ordinary criminal attempt. Justifying punishment for the preparation offence is shown to require radical assumptions about either the autonomy of the law's subjects or the scope of their sphere of privacy that is free from state interference and surveillance. The limits of liberal criminal law theory's resources in the face of new security laws and the possibility of a theory based on representative government are discussed.

Keywords: terrorism; punishment; offence; privacy; security laws

Chapter.  12037 words. 

Subjects: Criminal Law

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