Justice and Security in the 21st Century
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 international relations 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).
Synnve Ugelvik is a lawyer and a research fellow at the Department of Public and International Law at the University of Oslo.
Routledge Studies in Liberty and Security
Series editors: Didier Bigo, Elspeth Guild and R.B.J. Walker
This book series will establish connections between critical security studies and International Relations, surveillance studies, criminology, law and human rights, political sociology and political theory. To analyse the boundaries of the concepts of liberty and security, the practices which are enacted in their name (often the same practices) will be at the heart of the series. These investigations address contemporary questions informed by history, political theory and a sense of what constitutes the contemporary international order.
Terror, Insecurity and Liberty
Illiberal practices of liberal regimes after 9/11
Edited by Didier Bigo and Anastassia Tsoukala
Exceptionalism and the Politics of Counter-terrorism
Liberty, security and the war on terror
Andrew W. Neal
Muslims in the West after 9/11
Religion, politics and law
Edited by Jocelyne Cesari
Mapping Transatlantic Security Relations
The EU, Canada and the war on terror
Edited by Mark Salter
Conflict, Security and the Reshaping of Society
The civilisation of war
Edited by Alessandro Dal Lago and Salvatore Palidda
Security, Law and Borders
At the limits of liberties
Tugba Basaran
Justice and Security in the 21st Century
Risks, rights and the rule of law
Edited by Barbara Hudson and Synnve Ugelvik
Justice and Security in the 21st Century
Risks, rights and the rule of law
Edited by Barbara Hudson and Synnve Ugelvik
First published 2012
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business
2012 Selection and editorial material, Barbara Hudson and Synnve Ugelvik; individual chapters, the contributors.
The right of Barbara Hudson and Synnve Ugelvik to be identified as editors of this work, and of the chapter authors for their individual contributions, has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
A catalog record has been requested for this book
ISBN: 978-0-415-68727-0 (hbk)
ISBN: 978-0-203-12558-8 (ebk)
Typeset in Baskerville
by Wearset Ltd, Boldon, Tyne and Wear
Contents
1. |
BARBARA HUDSON AND SYNNVE UGELVIK |
2. |
BARBARA HUDSON |
3. |
ELSPETH GUILD |
4. |
JULIET P. STUMPF |
5. |
THOMAS UGELVIK |
6. |
HEIDI MORK LOMELL |
7. |
ERLEND M. LEONHARDSEN |
A |
B |
C |
D |
E |
F |
8. |
GEMMA GALDON CLAVELL |
1 |
2 |
3 |
4 |
5 |
6 |
9. |
LINDA GRNING |
10. |
ANDRS L. PAP |
11. |
ANDERS FOLMER BUHELT |
12. |
VALSAMIS MITSILEGAS |
1 |
2 |
3 |
4 |
5 |
13. |
SYNNVE UGELVIK |
Contributors
Anders Folmer Buhelt holds a Master of Law from the University of Copenhagen and a European Master of Human Rights and Democratisation. Buhelt is Justice Department Director at the Danish Institute for Human Rights (DIHR), where he has the overall responsibility for the DIHRs international projects on law and justice reform. Buhelt also functions as an advisor to justice reform and state-building projects in a number of countries.
Gemma Galdon Clavell is a Researcher at the Universitat Autnoma de Barcelona and the Academic Director of the Security Programme at the Universitat Oberta de Catalunya. She completed her PhD on surveillance and CCTV in Spain and has recently published academic articles in URBE , Computer Law and Security Review and Information Polity . Her research interests include public policy and policy transfer, policy evaluation, policing, fundamental rights and technology and urban sociology in relation to safety and security. She is a Visiting Professor at the Universidad Autnoma de Ciudad Jurez (Mexico), an expert on the EU COST Action Living in Surveillance Societies and a member of the International Board of Privacy International.
Linda Grning is a Post-Doctoral Research Fellow in Criminal Law at the Faculty of Law, University of Bergen, Norway. Her doctorate thesis concerned the legitimacy of EU criminal law, with special focus on legislation. Her current project concerns the understanding of the criminal justice system in light of the ongoing transnational legal development. This project is part of a larger research project, Criminal Law Theory: A New Norwegian Approach . Grning is also the project leader of Theory in Practice: Risks and Responses in Modern Criminal Law , a project that focuses on issues of security and justice. Except from criminal law, her research interests includes legal theory, constitutional law and international and comparative law.