内容简介
1. Introduction&Rene van Swaaningen
1. Part Ⅰ: Beccaria’s Dream of an Effective and Legitimate Criminal Law
2. Part Ⅱ: Sidestepping the Punitive System
3. Part Ⅲ: A Close-Up of ‘Governance of Security’ Practices
Part Ⅰ: Beccaria’s Dream under Reconstruction
2. Regulating Civility, Governing Security and Policing (Dis)order under Conditions of Uncertainty&Adam Crawford
1. The ‘Individualisation of Risk’
2. The ‘Politics of Behaviour’
3. Regulation
4. Conditions of Uncertainty and Precaution
5. Contested Expertise and Evidence
6. Concluding Thoughts
3. Beccaria’s Dream on Criminal Law and Nodal Governance&Klaas Rozemond
1. Introduction
2. Nodal Governance
3. Beccarian Rationality
4. Beccarian Explanations of Crime
5. Beccarian Explanations of Nodal Governance
6. Conclusion
4. Legitimacy of Dutch Criminal Law in Increasingly Horizontal and Multi-Dimensional Relationships&Christine Cleiren
1. Introduction
2. The Traditional Characteristics of Dutch Criminal Law
3. A Changing Society
4. ‘Erosion’ of the Traditional Characteristics of Dutch Criminal Law
5. From Vertical to Horizontal Relationships in the Criminal Law
6. Frictions Surrounding the Shifts to More Horizontal Relationships in the Criminal Law
7. From One-Dimensional to Multi-Dimensional Relationships in the Criminal Law
8. Frictions around the Shifts to Multi-Dimensional Relationships in the Criminal Law
9. The Role of the State on the Nexus of the Criminal Law and Other Societal Domains
10. Management and Regulation in a Changed Criminal Law Landscape
11. Regulation of Responsibilities in the Changed (and Changing) Environment
12. Closing Considerations: Governing Security under the Rule of Law(Rechtsstaat) in the Future
5. The Judicial Branch: A Partner in the Business of Governing Security?&Ard Schoep
1. Understanding the Judicial Role in the Governance of Security
2. Some General Remarks on the Position of the Judiciary within the Context of the Rule of Law and Criminal Law (Enforcement)
3. Two Relational Concepts in Judicial Partnerships: Dependences and Associations
4. Partner in the Business of Law (Enforcement) - Exploring Judicial Partnerships in the Criminal Justice Systems in the Netherlands
5. The Legitimacy of the Judiciary under the Governance of Security
6. Conclusion
6. Torture as a Lesser Evil? Governing Security in Times of Terrorist Emergencies&Jean-Marc Piret
1. Torture and the Law
2. Exceptions and Emergencies
3. Can Interrogational Torture Be Justified in ‘Ticking Bomb’ Situations?
4. The Dangers of the TB Scenario as an Intellectual Framework
5. Is Torture Morally Worse Than Killing?
6. Torture and the Israeli Supreme Court
7. Emergencies Exceptions and the Problem of ‘Dirty Hands’:Justification or Excuse?
8. The Daschner Case: ‘Rescue-Torture’?
9. Torture and Nodal Governance
Part Ⅱ: Changing Perspectives in the Governance of Security
7. Whose Conflict Is It Anyway? A Critique of Restorative Justice&Philip Stenning
1. Introduction
2. Sources of Inspiration for Modern Restorative Justice Practices
3. Key Features and Principles of ‘Restorative Justice’
4. A Critique
5. Conclusion
8. Restorative Justice as Criminal Justice without Threats. An Interpretative Approach to Restorative Justice Potentials for Public Safety&John Blad
1. The Catascopic Steering Model of Criminal Justice
2. Reasonable Doubts
3. The Production of Criminal Identities: Not Just Collateral Damage
4. How Restorative Justice Could Help
5. Brief Summary and Conclusion
9. Doing Restorative Justice to Beccaria’s Dream. Roads to Reconciliation and Realization of Prevention, Retribution,Restorative Justice and the Rule of Law&Hendrik Kaptein
1. Introduction
2. Beccaria Reconsidered
3. Rewards of Retributive Reinterpretation (Repairing Beccaria)
4. Beyond Beccaria: Retribution as Civilized Restorative Justice Serving Legal Security
5. Beccaria’s Dream (To Be Continued)
10. A Transaction Approach to Fighting International Corruption&Abiola O. Makinwa
1. Introduction
2. Section A: The Paradox of Consensus and the Contract Left Standing
3. Section B: Corruption in Transactions
4. Section C: The Contract Tainted by International Corruption
5. Section D: The International Contract as a Regulatory Tool
6. Section E: Advantages of a Transaction Approach
7. Conclusion
Part Ⅲ: Security Assemblages
11. Governing Security: Including the Molecular into the Molar&Patrick Van Calster&Marc Schuilenburg
1. The Molar as Dominant Practice of Research
2. Attention for the Unstable: Matters of the Molecular
3. Characteristics of the Molecular
4. Including the Molecular into the Molar
5. A Zone of Indiscernibility
6. Processes of Interaction
7. Emergence
8. The Control of Criminality as a Process
9. Conclusion
12. European Surveillance Assemblages: Preventing Crime and Terrorism through Data Monitoring&Monica den Boer&Jelle van Buuren
1. Introduction
2. Preventive Security Governance through Surveillance
3. Evolving Surveillance Systems
4. Surveillance in the EU
5. Conclusion: A Europe That Interlinks Polycentric Surveillance Practices
13. The Limits of Numbers: Impact Assessments and Increased Uncertainty&Tobias Arnoldussen
1. Introduction
2. Cost Benefit Analyses and Risk Assessments
3. Framing Risks and Hazards in Numerical Terms
4. Quantification as a Technology of Governance
5. The Impact of Quantification on Governance
6. The Limits of Numbers
7. The Danger of Numbers
8. Conclusion ‘Governance by Numbers’
14. Between Proximity and Distance: Relationships between Police and Citizens in Amsterdam&Barbara van Caem
1. Introduction
2. Interdependence and Paradox
3. Police and Nodal Governance
4. Method
5. The Amsterdam Neighbourhood Coordinator
6. Amsterdam South-East: Reigersbos
7. Amsterdam North: Molenwijk
8. Conclusion
Biographies of the Authors