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Cover Ashworth's Principles of Criminal Law

4. Criminal Law Fabric  

This chapter analyses the fabric of criminal law—rules, standards, and principles—giving examples of how each of these are used to construct the criminal law. A particular highlight, in the discussion of rules, is the importance of secondary legislation in creating offences, especially offences regulating business activity. The chapter also considers the values that the criminal law should respect, such as human rights, moral autonomy, and lifestyle autonomy. To that end, the chapter explains the harm principle, and the arguments for and against punishing ‘immoral’ behaviour. There is also an analysis of important principles of criminal offence construction and interpretation, such as the principle of strict construction and the authoritarian principle.


Cover The Politics of the Police

2. Theories and models of police and policing  

Benjamin Bowling, Robert Reiner, and James Sheptycki

The chapter outlines seven ideal-typical models for thinking about the politics of police. The models are not mutually exclusive and can be combined to form complex descriptions of theoretical relations. They rest on a variety of conceptual distinctions. Crime control and due process; high and low policing; police force and police service; organizational structure and officer discretion; state, market, and civil society; police knowledge work, investigation and intelligence; and the democratic, authoritarian, and totalitarian politics of policing are all discussed. The police métier is discussed a set of habits and assumptions that envisions only the need to control, deter, and punish. It has evolved around the practices of tracking, surveillance, keeping watch and unending vigilance, and the application of force, up to and including fatal force. The chapter concludes that these seven models for thinking about police and policing facilitate micro-, meso-, and macro-level analysis.