From Dangerousness to Precaution

被引:45
作者
Hebenton, Bill [1 ]
Seddon, Toby [1 ]
机构
[1] Univ Manchester, Sch Law, Regulat Secur & Justice Res Ctr, Manchester M13 9PL, Lancs, England
关键词
SEXUALLY VIOLENT PREDATORS; ACTUARIAL RISK-ASSESSMENT; SEX OFFENDERS; CULTURAL THEORY; LAW;
D O I
10.1093/bjc/azn085
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
Theorists such as Ewald and Ericson, in their respective writings, argue that, increasingly, governmental responses to incalculable, but high-consequence, threats to life and security are framed by what has been described as 'precautionary logic'. Neither theorist sought to analyse and develop the argument with regard to the problem of protecting the public from 'dangerous' sexual and violent offenders. This article takes up this challenge. It re-describes and refines features common to their characterizations of 'precaution' and examines how this approach to risk management is playing out in the context of decision-making practices. We outline the significance of this process and show how precautionary logic is refiguring the institutions of law and science in the management of sexual and violent offenders. Lastly, we consider the implications of our analysis for the normative politics of risk and security by exploring how the approach to the future entailed in the paradigm enframes 'security' and arguably stifles democratic participation and innovation in ways of responding to our fears.
引用
收藏
页码:343 / 362
页数:20
相关论文
共 87 条
[1]  
Agamben Giorgio., 2005, STATE EXCEPTION
[2]  
[Anonymous], IND MAYB IND SENT PU
[3]  
[Anonymous], RATIO JURIS
[4]  
[Anonymous], REV PROT CHILDR SEX
[5]   Risk assessment - the mother of all uncertainties - Disciplinary perspectives on uncertainty in risk assessment [J].
Bailar, JC ;
Bailer, AJ .
UNCERTAINTY IN THE RISK ASSESSMENT OF ENVIRONMENTAL AND OCCUPATIONAL HAZARDS, 1999, 895 :273-285
[7]  
Bauman Zygmunt., 1998, Globalization: The Human Consequences
[8]  
Beck U., 1992, Risk society: Towards a new modernity
[9]  
Beech Anthony, 2002, Sex Abuse, V14, P155, DOI 10.1177/107906320201400206
[10]  
Berki R.N ., 1986, Security and Society: reflections on law order and politics