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The Insecurity StateVulnerable Autonomy and the Right to Security in the Criminal Law$
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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

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Failure to Reassure as Threat

Failure to Reassure as Threat

(p.16) 1 Failure to Reassure as Threat
The Insecurity State

Peter Ramsay

Oxford University Press

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

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