Regulating Deviance

The criminal attacks that occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Domestic criminal law has become a vehicle for criminalising 'new' terrorist offences and other transnational forms of criminality. 'Preventative' detention regimes have come to the fore, balancing the scales in favour of security rather than individual liberty. These moves complement already existing shifts in criminal justice policies and ideologies brought about by adjusting to globalisation, economic neo-liberalism and the shift away from the post-war liberal welfare settlement. This collection of essays by leading scholars in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law, focuses on the future directions for the criminal law in the light of current concerns with state security and regulating 'deviant' behaviour.

Part I: Introduction

1. Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law
Bernadette McSherry, Alan Norrie and Simon Bronitt

Part II: Shifts in Criminal Justice Policies

2. Citizenship, Authoritarianism and the Changing Shape of the Criminal Law
Alan Norrie

3. Fixing the Future? The Pre-emptive Turn in Criminal Justice
Lucia Zedner

4. 'Victim-Driven' Criminalisation? Some Recent Trends in the Expansion of the Criminal Law
Leslie Sebba

Part III: The Quest for Security

5. Criminal Law, Human Rights and Preventative Justice
Andrew Ashworth

6. The Theory of Vulnerable Autonomy and the Legitimacy of Civil Preventative Orders
Peter Ramsay

7. Expanding the Boundaries of Inchoate Crimes: The Growing Reliance on Preparatory Offences
Bernadette McSherry

8. Social Science and Criminal Law Reform: Beyond Mere Opinion Polling and Penal Populism
Mark Nolan

Part IV: The Scope and Justification of Sexual Offences

9. Criminal Law and Private Spaces: Regulating Homosexual Acts in Singapore
Kumaralingam Amirthalingam

10. Moral Uncertainties of Rape and Murder: Problems at the Core of Criminal Law Theory
Ngaire Naffine

Part V: Codification and The Liberal Promise

11. Criminal Codes in the 21st Century: The Paradox of the Liberal Promise
Simon Bronitt and Miriam Gani

12. Faultlines Between Guilt and Punishment in Australia's Model Criminal Code
Ian Leader-Elliott

“...the book is a distinct and valuable contribution to both substantive criminal law theory and to the burgeoning field of security studies...” –  Jonathan Simon, Criminal Law and Philosophy Volume 6, 2012

“This work would be of interest to scholars in the United States in the cross cultural study of law and the development of law. It would also be of interest to those who are interested in the development of criminal law, the theory of criminal law, criminology and the sociology of law...the work leaves the reader with plenty of food for thought and significant ideas as to the roots of criminal law and changes in the nature of criminal law.” –  J. Michael Olivero, Law and Politics Book Review Vol 19, No 9, September 2009