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Preventive Law and Problem Solving: Lawyering for the Future is designed for four audiences. First, it introduces a broad, socially connected understanding of legal systems and legal thinking to students who are considering, or just beginning, law study. Second, for those who have completed their first year of training, the book reflects on the assumptions that underpin the legal methods they have been struggling to master. Third, for those interested in legal theory, the book describes and explains a new paradigm for legal thought. Finally, practicing lawyers are offered examples of using the preventive/ problem solving approach in contract formation, project management, general business representation, domestic violence, and health care delivery. Building on the author's long-standing interest in the complex relationships between problems and the procedures employed for their resolution, the book explores: how legal problems may be prevented; how lawyers may proactively assist clients in identifying and reaching their goals; the impacts of legal methods on the people involved in a dispute; and how law can be understood as one part of an elaborately intertwined system comprised of the problems that people bring to law; the methods available to address those problems; the skills that lawyers must employ to use those procedures effectively; the ethics with which they are expected to operate those procedures; the vision of truth that propels the system; and the broader human culture within which law, lawyers, and legal methods are shaped. About the author: Thomas D. Barton is the Louis and Hermione Brown Professor of Law at California Western School of Law in San Diego. He obtained his J.D. degree from Cornell Law School, and a Ph.D. in Law from Cambridge University, where he researched problem solving within common law adjudication. Professor Barton teaches courses in problem solving and prevention, Civil Procedure, Contracts, and various topics in law and society for undergraduates. He writes and speaks primarily on legal theory and Preventive Law, and coordinates the National Center for Preventive Law, found at www.preventivelawyer.com.
In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions.
Prevention, Policy, and Public Health provides a basic foundation for students, professionals, and researchers to be more effective in the policy arena. It offers information on the dynamics of the policymaking process, theoretical frameworks, analysis, and policy applications. It also offers coverage of advocacy and communication, the two most integral aspects of shaping policies for public health.
The book provides a systematic and comprehensive study of the prevention principle in international environmental law.
This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
This book gives principals the tools they need to avoid lawsuits by teaching their staff the information they need to practice preventive law. Lawsuits often begin when teachers unintentionally violate students' rights such as searching a student's cell phone without reasonable suspicion or failing to follow a student's Individualized Education Program. These violations do not occur because teachers intend to break the law. They occurred because the vast majority of teachers are not required to learn about the rights and responsibilities of students and teachers in their teacher preparation programs. As a result, most teachers get their legal information from the "law school" of the teachers' lounge--that is, from colleagues who are similarly uninformed and misinformed. Instead, what teachers want and need is an in-service program that will provide them with a basic understanding of school law. But most busy principals don't have the time, knowledge and resources to provide such a program for their staff. This book will meet this critical, unmet need. It provides principals with the resources and lesson plans they need to incorporate school law into their professional development program. As a result, their teachers will get their information about school law from a reliable source - not from the rumors, fears and myths of the teachers' lounge. By empowering their teachers with legal knowledge, principals and teachers will avoid lawsuits by becoming partners in the practice of preventive law.
Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent. They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people. In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.
Traditional "schools" of crime prevention, like the criminal justice model, social crime prevention or situational crime prevention, have proved to be too narrow and do not combine well with other approaches. However, each of these models provides important insights and contributions for reducing crime. By extracting the main preventive mechanisms of these diverse approaches, this book develops a more holistic, general model that consists of nine preventive mechanisms: building normative barriers to crime, reducing recruitment, deterrence, disruption, incapacitation, protecting vulnerable targets, reducing benefits of crime, reducing harm, and facilitating desistance. The measures to activate the preventive mechanisms may differ according to the type of crime, as may the actors in charge of implementing the relevant measures. However, Tore Bjørgo demonstrates how his model of crime prevention can be effectively applied to diverse forms of crime, from domestic burglaries to criminal youth gangs and driving under the influence to organized crime and terrorism. In doing so, this important book will be of interest to scholars and students of policing, security studies and criminology, as well as practitioners and policy-makers.