Implicit in the foregoing arguments about the origins, interpretations and case studies of TOC is a broader controversy in criminological thought over the appropriate conceptualisation of crime and control. At the root of this controversy is a dialogue about the limits of gauging policy change and learning in terms of criminal justice and its enforcement. In one sense it is banal to question the centrality of criminal justice as, by definitional fiat, practices only become 'crimes' when they are proscribed by various criminal legal codes. Yet the limitations of law enforcement as a means of actually controlling practices thus criminalised have been regularly noted in contributions to the first three parts of this book.
Here, however, a key division emerges between those who attribute these limitations to the poor formulation of law and its enforcement and those who attribute them to failures in the theory of control upon which criminal justice is premised. For the former, the implications for policy reform are better law-making and refinements to the devices of criminal justice, such as the omnipresent call for greater 'co-ordination' of law enforcement agencies and judicial dispensations, the provision of mutual judicial aid and resources to enhance the capacity for law enforcement, as in the standardisation of extradition procedures and powers of arrest across national borders, and protocols for the sharing of criminal intelligence. For the latter, as neatly argued by Levi in his contribution to this part of the book, 'In general, criminal justice only looks backwards at fixing blame, not forwards in strategic thinking'. From this perspective, the limitations of criminal justice policy are in its theoretical misconception of 'what works' in controlling crime, which no amount of legal reformulation and implementation reform is likely to allay. To switch policy-oriented learning about the efficacy of crime control away from the reactive mode of criminal justice and towards a more strategic way of thinking is to question the preconditions for crime, to ask what factors facilitate certain criminal practices, and then to consider the potential of alternative strategies for intervening in these preconditions as a means of at least reducing certain crimes. The contributions to this final part of the book examine current and prospective policy responses to TOC in terms
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Publication information: Book title: Transnational Organised Crime: Perspectives on Global Security. Contributors: Adam Edwards - Editor, Peter Gill - Editor. Publisher: Routledge. Place of publication: New York. Publication year: 2003. Page number: 175.
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