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  1. Punishment the Easy Way.Christopher Nathan - 2022 - Criminal Law and Philosophy 16 (1):77-102.
    Some argue against coercive preventive measures on the grounds that they amount to cloaked forms of punishment. Others offer a qualified defence of such measures on the grounds that such measures have substantively different goals and purposes from punishment. Focusing on the case of civil preventive injunctions, I clear the ground and provide reasons for a third logical possibility: that coercive preventive measures are relevantly similar to punishment, but this does not itself give us a reason to oppose them. ‘Punishment’ (...)
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  • Expediency, Legitimacy, and the Rule of Law: A Systems Perspective on Civil/Criminal Procedural Hybrids.Jennifer Hendry & Colin King - 2017 - Criminal Law and Philosophy 11 (4):733-757.
    In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural (...)
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  • Preventive Justice and the Presumption of Innocence.Kimberly Kessler Ferzan - 2014 - Criminal Law and Philosophy 8 (2):505-525.
    When the state aims to prevent responsible and dangerous actors from harming its citizens, it must choose between criminal law and other preventive techniques. The state, however, appears to be caught in a Catch-22: using the criminal law raises concerns about whether early inchoate conduct is properly the target of punishment, whereas using the civil law raises concerns that the state is circumventing the procedural protections available to criminal defendants. Andrew Ashworth has levied the most serious charge against civil preventive (...)
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  • The Presumption of Innocence: an Antidote for Sacrificial Venom? Patterns of Girard’s ‘Primitive’ Sacred in Late Medieval and Early Modern Criminal Law.Rafael Van Damme - 2016 - Netherlands Journal of Legal Philosophy 45 (1):10-41.
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