1.

Record Nr.

UNINA9910784283103321

Titolo

Incivilities : regulating offensive behaviour / edited by Andrew von Hirsch and A.P. Simester

Pubbl/distr/stampa

Oxford ; Portland, OR, : Hart Publishing, 2006

ISBN

1-4725-5996-7

1-280-82927-3

9786610829279

1-84731-283-7

Edizione

[1st ed.]

Descrizione fisica

1 online resource (305 p.)

Collana

Studies in penal theory and penal ethics

Disciplina

345.42028

Soggetti

Nuisances - England

Nuisances - Wales

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references and index

Nota di contenuto

1 Penal Offence in Question: Some Reference Points for Interdisciplinary Conversation -- Paul Roberts -- 2 How Offensive Can You Get? -- RA Duff and SE Marshall -- 3 Disgust: Metaphysical and Empirical Speculations -- Douglas Husak -- 4 Penalising Offensive Behaviour: Constitutive and Mediating Principles -- Andrew von Hirsch and AP Simester -- 5 Legal Regulation of Offence -- Tatjana HoĢˆrnle -- 6 Crimes of Offence -- John Tasioulas -- 7 Regulating Offensive Conduct through Two-Step Prohibitions -- AP Simester and Andrew von Hirsch -- 8 'No Spitting': Regulation of Offensive Behaviour in England and Wales -- Elizabeth Burney -- 9 Social Capital, Trust and Offensive Behaviour -- Bryan S Turner -- Incivilities, Offence and Social Order in Residential Communities -- Anthony E Bottoms

Sommario/riassunto

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