ABSTRACT

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.

chapter |5 pages

Introduction

New landscapes of security and justice

chapter |19 pages

Imprisoned on the border

Subjects and objects of the state in two Norwegian prisons 1

chapter |18 pages

Punishing the uncommitted crime

Prevention, pre-emption, precaution and the transformation of criminal law

chapter |20 pages

It takes a crisis

Dilemmas of democracy in Norwegian emergency law 1

chapter |22 pages

Security, justice and the criminal justice system

Remarks on EU criminal law

chapter |22 pages

Constitutional exceptionalism

Efficacy, proportionality and the attenuation of balancing standards 1

chapter |17 pages

Security versus justice

The individualisation of security and the erosion of citizenship and fundamental rights

chapter |19 pages

States of security

How the Lisbon Treaty changes areas of freedom, security and justice 1