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Organized crime and preventive justice

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Sorell, Tom (2018) Organized crime and preventive justice. Ethical Theory and Moral Practice, 21 (1). pp. 137-153. doi:10.1007/s10677-017-9861-7 ISSN 1386-2820.

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Official URL: https://doi.org/10.1007/s10677-017-9861-7

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Abstract

By comparison with the prevention of terrorism, the prevention of acts of organizedcrime might be thought easier to conceptualize precisely and less controversial to legislate against and police. This impression is correct up to a point, because it is possible to arrive at some general characteristics of organized crime, and because legislation against it is not obviously bedevilled by the risk of violating civil or political rights, as in the case of terrorism. But there is a significant residue of legal, moral and political difficulty: legislation against organized crime is hard to make effective; the harm of organized crime is not uniform, and so some preventive legislation seems too sweeping and potentially unjust. More fundamentally, the scale and rewards of organized crime are often dependent on mass public participation in markets for proscribed goods, which may point to a hidden public consensus in favour of some of what is criminalized. Preventive policing and legislation in both areas, then, are less easily justified than first appears.

Item Type: Journal Article
Subjects: K Law [LC] > KD England and Wales
Divisions: Faculty of Social Sciences > Politics and International Studies
Library of Congress Subject Headings (LCSH): Organized crime -- Law and legislation -- Great Britain, Criminal law, Crime prevention
Journal or Publication Title: Ethical Theory and Moral Practice
Publisher: Springer Netherlands
ISSN: 1386-2820
Official Date: February 2018
Dates:
DateEvent
February 2018Published
26 January 2018Available
22 December 2017Accepted
Volume: 21
Number: 1
Page Range: pp. 137-153
DOI: 10.1007/s10677-017-9861-7
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Open Access (Creative Commons)
Date of first compliant deposit: 23 December 2017
Date of first compliant Open Access: 28 March 2018
RIOXX Funder/Project Grant:
Project/Grant IDRIOXX Funder NameFunder ID
ES/K000098/1[ESRC] Economic and Social Research Councilhttp://dx.doi.org/10.13039/501100000269
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