Henrique Carvalho – författare

This book presents a theoretical examination of the rise and expansion of preventive criminal offences that has gained momentum in Anglo-American criminal justice since the late-twentieth century. It shows how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed and conditioned by their social, political and historical contexts. The book starts byidentifying a tension, within contemporary criminal law, between the importance given to the expression of individual autonomy and responsibility, and the perceived need for prevention as a condition for the security of autonomy and the promotion of welfare. The book then traces this tension back to anintrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment. It finds that it is this tension that ultimately grounds the rise of preventive criminal offences in recent times.The Preventive Turn in Criminal Law engages with the main contemporary literature on criminal law, prevention, risk, security and criminalisation, by deploying a theoretical perspective from both classical and contemporary works of social and political theory, including the works of Hobbes, Locke, Hegel, and Bentham. It does so in order to reveal that the pervasiveness of prevention in twenty-first century criminal law not only represents the consequence of new and unprecedentedfeatures of contemporary politics and society, but also embeds long-established features of the liberal legal and political tradition.

This book presents a theoretical examination of the rise and expansion of preventive criminal offences that has gained momentum in Anglo-American criminal justice since the late-twentieth century. It shows how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed and conditioned by their social, political and historical contexts. The book starts byidentifying a tension, within contemporary criminal law, between the importance given to the expression of individual autonomy and responsibility, and the perceived need for prevention as a condition for the security of autonomy and the promotion of welfare. The book then traces this tension back to anintrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment. It finds that it is this tension that ultimately grounds the rise of preventive criminal offences in recent times.The Preventive Turn in Criminal Law engages with the main contemporary literature on criminal law, prevention, risk, security and criminalisation, by deploying a theoretical perspective from both classical and contemporary works of social and political theory, including the works of Hobbes, Locke, Hegel, and Bentham. It does so in order to reveal that the pervasiveness of prevention in twenty-first century criminal law not only represents the consequence of new and unprecedentedfeatures of contemporary politics and society, but also embeds long-established features of the liberal legal and political tradition.

Within the discipline of criminology and criminal justice, relatively little attention has been paid to the relationship between criminal law, punishment, and imperialism, or the contours and exercise of penal power in the Global South. Decolonizing the Criminal Question is the first work of its kind to comprehensively place colonialism and its legacies at the heart of criminological enquiry.By examining the reverberations of colonial history and logics in the operation of penal power, this volume explores the uneasy relationship between criminal justice and colonialism, bringing relevance of these legacies in criminological enquiries to the forefront of the discussion. It invites and pursues a better understanding of the links between imperialism and colonialism on the one hand, and nationalism and globalization on the other, by exposing the imprints of these links on processes of marginalization, racialization, and exclusion that are central to contemporary criminal justice practices. Covering a range of jurisdictions and themes, Decolonizing the Criminal Question details how colonial and imperial domination relied on the internalization of hierarchies and identities — for example, racial, geographical, and geopolitical — of both the colonized and the colonizer, and shaped their subjectivity through imageries, discourses, and technologies.Offering innovative, conceptual, and methodological approaches to the study of the criminal question, this work is an essential read for scholars not only focused on criminology and criminal justice, but also for scholars in law, anthropology, sociology, politics, history, and a range of other disciplines in the humanities and social sciences.Decolonizing the Criminal Question is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.

Within the discipline of criminology and criminal justice, relatively little attention has been paid to the relationship between criminal law, punishment, and imperialism, or the contours and exercise of penal power in the Global South. Decolonizing the Criminal Question is the first work of its kind to comprehensively place colonialism and its legacies at the heart of criminological enquiry. By examining the reverberations of colonial history and logics in the operation of penal power, this volume explores the uneasy relationship between criminal justice and colonialism, bringing relevance of these legacies in criminological enquiries to the forefront of the discussion. It invites and pursues a better understanding of the links between imperialism and colonialism on the one hand, and nationalism and globalization on the other, by exposing the imprints of these links on processes of marginalization, racialization, and exclusion that are central to contemporary criminal justice practices. Covering a range of jurisdictions and themes, Decolonizing the Criminal Question details how colonial and imperial domination relied on the internalization of hierarchies and identities — for example, racial, geographical, and geopolitical — of both the colonized and the colonizer, and shaped their subjectivity through imageries, discourses, and technologies. Offering innovative, conceptual, and methodological approaches to the study of the criminal question, this work is an essential read for scholars not only focused on criminology and criminal justice, but also for scholars in law, anthropology, sociology, politics, history, and a range of other disciplines in the humanities and social sciences. Decolonizing the Criminal Question is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.

This book presents a theoretical examination of the rise and expansion of preventive criminal offences that has gained momentum in Anglo-American criminal justice since the late-twentieth century. It shows how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed and conditioned by their social, political and historical contexts. The book starts by identifying a tension, within contemporary criminal law, between the importance given to the expression of individual autonomy and responsibility, and the perceived need for prevention as a condition for the security of autonomy and the promotion of welfare. The book then traces this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment. It finds that it is this tension that ultimately grounds the rise of preventive criminal offences in recent times. The Preventive Turn in Criminal Law engages with the main contemporary literature on criminal law, prevention, risk, security and criminalisation, by deploying a theoretical perspective from both classical and contemporary works of social and political theory, including the works of Hobbes, Locke, Hegel, and Bentham. It does so in order to reveal that the pervasiveness of prevention in twenty-first century criminal law not only represents the consequence of new and unprecedented features of contemporary politics and society, but also embeds long-established features of the liberal legal and political tradition.

This book questions punishment as concept, social phenomenon and contemporary practice. It unpacks punishment’s nature and the assumptions that underpin it, examines its targets, objectives and implications, locates punishment and punitivity within their social contexts, and aims to unsettle the idea that there is something common-sensical, necessary and unavoidable about punitive justice.Questioning Punishment develops its argument through an innovative structure organised around five central questions: what punishment is; who punishment’s targets and subjects are; how punishment is perpetuated and experienced; when and where punishment unfolds and why we punish. It ends by considering the implications of this enquiry to understandings of punishment and broader pursuits of justice.This book is essential reading for all those engaged with the sociology of punishment and prisons, criminal justice and theoretical criminology.

This book questions punishment as concept, social phenomenon and contemporary practice. It unpacks punishment’s nature and the assumptions that underpin it, examines its targets, objectives and implications, locates punishment and punitivity within their social contexts, and aims to unsettle the idea that there is something common-sensical, necessary and unavoidable about punitive justice.Questioning Punishment develops its argument through an innovative structure organised around five central questions: what punishment is; who punishment’s targets and subjects are; how punishment is perpetuated and experienced; when and where punishment unfolds and why we punish. It ends by considering the implications of this enquiry to understandings of punishment and broader pursuits of justice.This book is essential reading for all those engaged with the sociology of punishment and prisons, criminal justice and theoretical criminology.

This edited collection advances a reconceptualisation of state power through emotions. Methodologically, it rethinks the study of the state from the bottom up, by seeking contributions that engage with performances and enactments of state power at the ground level, by frontline staff in direct contact with marginalised populations, and those that reflect on encounters with symbols and practices of state power. Conceptually, it advances a new theory of state power which places values and affects at the heart of its analysis.In doing so, it seeks to make a crucial intellectual intervention in the study of the people, images and processes involved in the governance of social marginality in various institutional settings – criminal justice, immigration and asylum bureaucracies, the welfare system, the care sector, etc. – to explore how emotions are mobilised, how their expression in contemporary institutional settings of state power connects to broader moral and affective economies, the contradictions, and dilemmas they embody and reproduce, and the implications of these emotionalised forms of governance for state praxis and theory.The Embodied State will therefore appeal to students and scholars of critical criminology, political sociology, anthropology, migration and border studies, and penology. It will also be of interest to policymakers and professionals involved in these fields.

This edited collection advances a reconceptualisation of state power through emotions. Methodologically, it rethinks the study of the state from the bottom up, by seeking contributions that engage with performances and enactments of state power at the ground level, by frontline staff in direct contact with marginalised populations, and those that reflect on encounters with symbols and practices of state power. Conceptually, it advances a new theory of state power which places values and affects at the heart of its analysis.In doing so, it seeks to make a crucial intellectual intervention in the study of the people, images and processes involved in the governance of social marginality in various institutional settings – criminal justice, immigration and asylum bureaucracies, the welfare system, the care sector, etc. – to explore how emotions are mobilised, how their expression in contemporary institutional settings of state power connects to broader moral and affective economies, the contradictions, and dilemmas they embody and reproduce, and the implications of these emotionalised forms of governance for state praxis and theory.The Embodied State will therefore appeal to students and scholars of critical criminology, political sociology, anthropology, migration and border studies, and penology. It will also be of interest to policymakers and professionals involved in these fields.

This edited collection advances a reconceptualisation of state power through emotions. Methodologically, it rethinks the study of the state from the bottom up, by seeking contributions that engage with performances and enactments of state power at the ground level, by frontline staff in direct contact with marginalised populations, and those that reflect on encounters with symbols and practices of state power. Conceptually, it advances a new theory of state power which places values and affects at the heart of its analysis.In doing so, it seeks to make a crucial intellectual intervention in the study of the people, images and processes involved in the governance of social marginality in various institutional settings - criminal justice, immigration and asylum bureaucracies, the welfare system, the care sector, etc. - to explore how emotions are mobilised, how their expression in contemporary institutional settings of state power connects to broader moral and affective economies, the contradictions, and dilemmas they embody and reproduce, and the implications of these emotionalised forms of governance for state praxis and theory.The Embodied State will therefore appeal to students and scholars of critical criminology, political sociology, anthropology, migration and border studies, and penology. It will also be of interest to policymakers and professionals involved in these fields.