Justice and Security in the 21st Century: Risks, Rights and the Rule of Law

Justice and Security in the 21st Century: Risks, Rights and the Rule of Law

Justice and Security in the 21st Century: Risks, Rights and the Rule of Law

Justice and Security in the 21st Century: Risks, Rights and the Rule of Law

Synopsis

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.

Excerpt

Barbara Hudson and Synnøve Ugelvik

Is justice or security the first virtue of the 21st century society? the problem of enhancing security without undermining justice – managing risk without undermining the rule of law – has always confronted our societies, but 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, pose new challenges. This book is an attempt to chart complex landscapes of justice, human rights and the rule of law in an era when such ideals are challenged by increasing demands for efficiency, public safety and security. the mapping out of this terrain is undertaken by criminologists, legal sociologist and lawyers from several countries, recognising the need for the study of diverse aspects of a changing topography in the area of justice, risk and security.

Justice and security are related concepts in that they are both goods highly prized by liberal–democratic societies. the advanced Western societies are in many ways very individualistic, with great demands for social goods available to all those able to claim them. This, in turn, challenges some basic ideas of justice, as it seems as though more security for some, happens at the expense of others, affecting either these others’ freedom, or their security.

Increased globalisation has opened a door to a new world of possibilities – and a new world of risks. the policy development in the related areas, both nationally and internationally, suggests a drastic increase in risks individuals and societies are exposed to. Risk may refer to a series of uncomfortable or dangerous experiences, related to man-made disasters, natural disasters, or interpersonal relations such as crime. While it is undoubtedly the case that people today face risks associated with terrorism, climate change, civil war, hunger and poverty, this book does not examine whether there actually is an enhancement of either of these factors.

Our focus is partly on who are presented as the problematic risks, e.g. immigrants, aliens and strangers in general. Another overarching question we discuss is how the balance is struck between achieving as much . . .

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