Green, Alex orcid.org/0000-0001-7889-2852 and Hendry, Jennifer (2022) Ad Hominem Criminalisation and the Rule of Law:The Egalitarian Case Against Knife Crime Prevention Orders. Oxford Journal of Legal Studies. pp. 634-660. ISSN 0143-6503
Abstract
This article advances a novel account of ad hominem criminalisation that draws upon a distinct theory of the Rule of Law and its egalitarian foundations. Employing the recent and controversial example of Knife Crime Prevention Orders, as established by the Offensive Weapons Act 2019, it argues that the concept of civic equality is central to understanding the vice of ad hominem criminalisation as an aberrant form of government by law. This vice consists in the manner that such criminalisation individualises, differentiates and instrumentalises the regulatory subject, placing them outwith the bounds of civic equality as established by the Rule of Law.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s) 2021. Published by Oxford University Press |
Dates: |
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Institution: | The University of York |
Academic Units: | The University of York > Faculty of Social Sciences (York) > The York Law School |
Depositing User: | Pure (York) |
Date Deposited: | 07 Jan 2022 16:30 |
Last Modified: | 16 Oct 2024 18:07 |
Published Version: | https://doi.org/10.1093/ojls/gqab041 |
Status: | Published |
Refereed: | Yes |
Identification Number: | 10.1093/ojls/gqab041 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:182240 |