News
New Publication! The Preventive Turn in Criminal Law by Henrique Carvalho
‘The Preventive Turn in Criminal Law’, a new book by Dr Henrique Carvalho, offers the latest addition to the Oxford Monographs on Criminal Law and Justice published by OUP (Oxford University Press).
This new book seeks to understand where the impulse for prevention in criminal law comes from, and why this preventive dimension seems to be expanding in recent times.
The series aims to cover all aspects of criminal law and procedure including criminal evidence and encompassing both practical and theoretical works.
New Book! Access to Justice and Legal Aid
Prof Jackie Hodgson and Asher Flynn from Monash have a new edited collection on 'Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need' published by Hart.
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines.
As common law jurisdictions, England and Wales, and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need.
The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way that law is now done in the 21st century.
The book is essential reading for all those interested in access to justice and legal aid.
Research Workshop at National Law University Delhi
New Publication! 'Why punishment pleases: Punitive feelings in a world of hostile solidarity'
Henrique Carvalho and Anastasia Chamberlen's forthcoming publication on the motivation to punish in Punishment and Society is now available online at: http://journals.sagepub.com/doi/full/10.1177/1462474517699814
The argument advanced in this paper is that the motivation to punish relies on punishment producing a kind of solidarity that allows individuals to pursue emotional release together with a sense of belonging, without having to question or address why it is that they felt alienated and insecure in the first place. This raises the possibility that the reason why we believe punishment to be useful, and why we are motivated to punish, is because we derive pleasure from the utility of punishment. Simply stated, punishment pleases. It then analyses the relationship between punishment and solidarity to investigate why and how punishment pleases. We argue that the pleasure of punishment is directly linked to the specific kind of solidarity that punishment produces, which we call hostile solidarity. The paper explores the links between punishment and identity in order to examine the allure of hostile solidarity and then draws implications from this perspective and sets out an agenda for future research.