Law, Insecurity and Risk Control

Law, Insecurity and Risk Control
Author: John Pratt
Publisher: Palgrave Macmillan
Total Pages: 387
Release: 2020-09-06
Genre: Social Science
ISBN: 9783030488710

This book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980’s - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the ‘security sanction’ and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the ‘magic’ of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.

Law, Insecurity and Risk Control

Law, Insecurity and Risk Control
Author: John Pratt
Publisher: Springer Nature
Total Pages: 400
Release: 2020-08-05
Genre: Social Science
ISBN: 3030488721

This book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980’s - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the ‘security sanction’ and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the ‘magic’ of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.

Crime, Risk and Insecurity

Crime, Risk and Insecurity
Author: Tim Hope
Publisher: Routledge
Total Pages: 290
Release: 2012-11-12
Genre: Law
ISBN: 1135131163

This book presents new empirical and conceptual work on the questions of fear, anxiety, risk and trust - both as problems of everyday living and as key themes in the culture and politics of contemporary Western societies. The volume includes contributions from distinguished social researchers from Britain, the United States, Germany and Italy and will be of interest to academics and students in the areas of criminology and sociology.

Justice and Security in the 21st Century

Justice and Security in the 21st Century
Author: Barbara Hudson
Publisher: Routledge
Total Pages: 299
Release: 2012-01-30
Genre: Social Science
ISBN: 1136451021

This book examines the question of whether justice or security is the primary virtue of 21st-century society. The issue of enhancing security without undermining justice – managing risk without undermining the rule of law – has always been problematic. However, recent developments such as new counter-terrorism measures, the expanding scope of criminal law, harsher migration control and an increasingly pronounced concern with public safety, have posed new challenges. The key element of these contemporary challenges is that of membership and exclusion: that is, who is to be included within the community of justice, and against whom is the just community aiming to defend itself? Justice and Security in the 21st Century brings together researchers from various academic disciplines and different countries in order to explore these developments. It attempts to chart the complex landscapes of justice, human rights and the rule of law in an era when such ideals are challenged by increasing demands for efficiency, effectiveness, public safety and security. This edited volume will be of much interest to students of critical legal studies, criminology, critical security studies, human rights, sociology and IR in general.

Crime in an Insecure World

Crime in an Insecure World
Author: Richard V. Ericson
Publisher: Polity
Total Pages: 265
Release: 2007-01-09
Genre: Law
ISBN: 0745638287

'Crime in an Insecure World' investigates the alarming trend across Western societies of treating every imaginable source of harm as a crime. The book explains why selected issues of national security, social security, corporate security and domestic security are at the top of the political agenda.

Governing Risks

Governing Risks
Author: Pat O'Malley
Publisher: Routledge
Total Pages: 615
Release: 2021-12-24
Genre: Law
ISBN: 1351932411

Contemporary law and government are increasingly characterized by a focus on risk. Fields such as health, psychiatry, criminal justice, vehicle safety, urban design and environmental governance all provide examples of settings in which problems are dealt with as risks. While risk has become more prominent, there have also been changes in the nature of risk techniques deployed. Whereas welfare states provided many services through socialized risk - such as social insurances covering health, employment and old age - increasing emphasis is now placed on individual risk management arrangements such as private insurance. In this environment, the positive side of risk has also been made more salient. Enterprise, innovation and risk-taking have become qualities valued, or even required, of current governance. In this volume, the most influential examinations and interpretations of this major trend have been brought together, in order to make clear the range and diversity, the spread and penetration of risk in contemporary societies.

The Insecurity State

The Insecurity State
Author: Peter Ramsay
Publisher: Oxford University Press
Total Pages: 276
Release: 2012-04-26
Genre: Language Arts & Disciplines
ISBN: 0199581061

For more than a decade, broad and vaguely defined new offences have been enacted in many areas of the criminal law, such as terrorism, money-laundering, fraud, sex offences and anti-social behavior. These have expanded police powers and prosecutorial discretion with little regard for the rule of law. Most theorists have explained the gap between legislative policy and the liberal principles of criminal law theory as the result of 'penal populism': politicians have sacrificed sound normative principles in an opportunistic appeal to an angry and fearful electorate. The Insecurity State, by contrast, argues that this so-called 'populism' in the criminal law can claim some normative principles of its own. It identifies these principles through an analysis of the iconic anti-social behaviour order (ASBO), the flagship of recent British criminal justice policy. Demonstrating that the controversial orders impose a liability on those who fail to reassure others about their future security, he traces the justification of this liability through the conditional character of citizenship in New Labour policy to an underlying concept of 'vulnerable autonomy' that the ASBO serves to protect. The book argues that the vulnerability of individual autonomy is an idea deeply embedded in the political theories that have most influenced British and American political life in recent decades. He shows that the ASBO is the archetype of a wide range of other recently enacted criminal offences in the UK and USA that are justified by the same normative structure. Finally it investigates the paradoxical implications of institutionalising the vulnerability of citizens in the terms of the substantive criminal law. In so doing, the book identifies a weakening of political authority at the heart of contemporary security laws.

Police Liability and Risk Management

Police Liability and Risk Management
Author: Robert J Girod
Publisher: CRC Press
Total Pages: 360
Release: 2013-09-24
Genre: Law
ISBN: 1466593121

Law enforcement agencies and their employees are continually at risk for potential liability related to torts, civil rights violations, and employment law issues. Litigation may involve suits by the public against officers and the administration, actions by the administration against officers, or actions by officers against the administration or members of the public they serve. Knowledge of these risks and understanding how they arise are essential to law enforcement officers, administrators, and their legal counsel. Police Liability and Risk Management: Torts, Civil Rights, and Employment Law is written by an attorney and a 34-year law enforcement veteran who knows his way around the streets and the courtroom. Dr. Robert J. Girod combines decades of teaching and practical experience with legal and academic education to compile this practical source of case law and risk management principles. The book is designed to help law enforcement professionals reduce police liability and avoid the risk of litigation—or, in the event a lawsuit does arise—to manage liability and defend themselves. In our litigious society, suits involving the law enforcement community are becoming a more common occurrence and can destroy an officer’s career or cast a pall on an entire department. By understanding the laws governing these types of issues, law enforcement professionals are better able to monitor the sources of liability and implement risk management strategies to shield their policies, practices, procedures, and protocols from the danger of liability.

Socio-Political Risk Management

Socio-Political Risk Management
Author: Kurt J. Engemann
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 276
Release: 2023-04-26
Genre: Business & Economics
ISBN: 3110731215

The objective of the multi-volume book Developments in Managing and Exploiting Risk is to offer a balanced view to enable the reader to better appreciate risk as a counterpart to reward, and to understand how to holistically manage both elements of this duality. Crises can challenge any organization, and with a seemingly endless stream of disruptive and even catastrophic events taking place, there is an increasing emphasis on preparing for the worst. However, being focused on the negative aspects of risk, without giving consideration to the positive attributes, may be shortsighted. Playing it safe may not always be the best policy, because great benefits may be missed. Analyzing risk is difficult, in part because it often entails events that have never occurred. Organizations, being mindful of undesirable potential events, are often keenly averse to risk to the detriment of capitalizing on its potential opportunities. Risk is usually perceived as a negative or downside but a commensurate weight should also be given to the potential rewards or upside, when evaluating new ventures. Even so, too much of a good thing may create unintended consequences of positive risk, which is also an undesirable situation. Developments in Managing and Exploiting Risk provides a professional and scholarly venue in the critical field of risk in business with particular emphasis on decision-making using a comprehensive and inclusive approach.

Crime and Security

Crime and Security
Author: Benjamin Goold
Publisher: Routledge
Total Pages: 531
Release: 2017-07-05
Genre: History
ISBN: 1351570730

The pursuit of security is now central to the development of public policy and a driving force behind the spread of private policing. Just as new theoretical frameworks are needed to deal with the increasing tendency of crime control policies to focus on risk reduction, new forms of governance are also required to deal with the rapid growth of the private security industry. This volume brings together a wide range of contributions from leading scholars in the field and includes international and comparative perspectives on the challenges posed by the rise of the 'security society'.