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Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area.This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law.These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour.>
Table des matières
1 Penal Offence in Question: Some Reference Points for Interdisciplinary Conversation
Paul Roberts2 How Offensive Can You Get?
RA Duff and SE Marshall3 Disgust: Metaphysical and Empirical Speculations
Douglas Husak4 Penalising Offensive Behaviour: Constitutive and Mediating Principles
Andrew von Hirsch and AP Simester5 Legal Regulation of Offence
Tatjana Hörnle6 Crimes of Offence
John Tasioulas7 Regulating Offensive Conduct through Two-Step Prohibitions
AP Simester and Andrew von Hirsch8 'No Spitting': Regulation of Offensive Behaviour in England and Wales
Elizabeth Burney9 Social Capital, Trust and Offensive Behaviour
Bryan S TurnerIncivilities, Offence and Social Order in Residential Communities
Anthony E Bottoms
A propos de l'auteur
A P Simester is Professor of Law at the National University of Singapore and Fellow of Wolfson College, University of Cambridge.
Andrew von Hirsch is Honorary Professor of Penal Theory and Penal Law,and Honorary Fellow of Wolfson College, at the University of Cambridge.