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Philosophical Foundations of Criminal Law$
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R.A. Duff and Stuart Green

Print publication date: 2011

Print ISBN-13: 9780199559152

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199559152.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2015. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 27 November 2015

Just Prevention: Preventive Rationales and the Limits of the Criminal Law

(p.279) 13 Just Prevention: Preventive Rationales and the Limits of the Criminal Law
Philosophical Foundations of Criminal Law

Andrew Ashworth (Contributor Webpage)

Lucia Zedner

Oxford University Press

This chapter examines the ways in which the law criminalizes the creation of risks of harm, and offers a catalogue of various kinds of criminal offence that are primarily concerned with preventing the creation of risk. It also highlights the protections that the criminal law provides, through the criminal process, for those suspected of creating risks, and the ways in which such protections are undermined by the use of ‘civil preventive orders’ that effectively bypass the criminal law.

Keywords:   criminal law, harm prevention, criminal offences, risk

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