Jump to ContentJump to Main Navigation
The Insecurity StateVulnerable Autonomy and the Right to Security in the Criminal Law$
Users without a subscription are not able to see the full content.

Peter Ramsay

Print publication date: 2012

Print ISBN-13: 9780199581061

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199581061.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. 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 www.oxfordscholarship.com/page/privacy-policy).date: 21 July 2019

The Right to Security in Criminal Law Theory

The Right to Security in Criminal Law Theory

(p.184) 9 The Right to Security in Criminal Law Theory
The Insecurity State

Peter Ramsay

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .