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.
Barbara Hudson is Professor (Emeritus) at Lancashire Law School, University of Central Lancashire, UK, and author of several books, including Justice in the Risk Society: Challenging and Re-affirming Justice in Late Modernity (2003). Synnove Ugelvik is a lawyer and a research fellow at the Department of Public and International Law at the University of Oslo.
1. Introduction: New Landscapes of Security and Justice Synnove Ugelvik and Barbara Hudson 2. Who Needs Justice? Who Needs Security? Barbara Hudson 3. EU Citizenship and the new Landscape of Fundamental Rights: A Conceptual Sea Change Elspeth Guild 4. The Justice of Crimmigration Law & the Security of Home Juliet P. Stumpf 5. Imprisoned on the Border: Subjects and Objects of the State in Two Norwegian Prisons Thomas Ugelvik 6. Punishing the Uncommitted Crime: Prevention, Pre-emption, Precaution and the Transformation of Criminal Law Heidi Mork Lomell 7. It Takes a Crisis: Dilemmas of Democracy in Norwegian Emergency Law Erlend M. Leonhardsen 8. Urbanscapes of Injustice and Insecurity Gemma Galdon Clavell 9. Security, Justice and the Criminal Justice System: Remarks on EU Criminal Law Linda Groening 10. Constitutional Exceptionalism: Efficacy, Proportionality and the Attenuation of Balancing Standards Andras L. Pap 11. Policing the Law of Fear? Anders Folmer Buhelt 12. Security Versus Justice: The Individualisation of Security and the Erosion of Citizenship and Fundamental Rights Valsamis Mitsilegas 13. States of Security: How the Lisbon Treaty Changes Areas of Freedom, Security and Justice Synnove Ugelvik