Theorising Criminalisation: The Value of a Modalities Approach
‘Criminalisation’ has attracted considerable scholarly attention in recent years, much of it concerned with identifying the normative limits of criminal law-making. Starting from the position that effective theorisation of the legitimate uses of criminalisation as a public policy tool requires a rob...
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Queensland University of Technology
2018-09-01
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Series: | International Journal for Crime, Justice and Social Democracy |
Online Access: | https://www.crimejusticejournal.com/article/view/511 |
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doaj-b956c08fcad4490f9adea616da09e7e32021-06-02T06:33:28ZengQueensland University of TechnologyInternational Journal for Crime, Justice and Social Democracy2202-79982202-80052018-09-01739112110.5204/ijcjsd.v7i3.511511Theorising Criminalisation: The Value of a Modalities ApproachLuke McNamara0Julia Quilter1Russell Hogg2Heather Douglas3Arlie Loughnan4David Brown5University of New South WalesUniversity of WoolongongQueensland University of TechnologyUniversity of QueenslandThe University of SydneyUniversity of New South Wales‘Criminalisation’ has attracted considerable scholarly attention in recent years, much of it concerned with identifying the normative limits of criminal law-making. Starting from the position that effective theorisation of the legitimate uses of criminalisation as a public policy tool requires a robust empirical foundation, this article introduces a novel conceptual and methodological approach, focused on recognising a variety of modalities of criminalisation. The first part of this article introduces and explains the modalities approach we have developed. The second part seeks to demonstrate the utility of a modalities approach by presenting and discussing the findings of a pilot study of more than 100 criminal law statutes enacted in three Australian jurisdictions (New South Wales, Queensland and Victoria) between 2012 and 2016. We conclude that a modalities approach can support nuanced examination of the multiple ways in which adjustments to the parameters of criminalisation are effected. We draw attention to the complexity of the phenomenon of criminalisation, and highlight the need for further quantitative and qualitative work that includes longer-term historical analysis.https://www.crimejusticejournal.com/article/view/511 |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Luke McNamara Julia Quilter Russell Hogg Heather Douglas Arlie Loughnan David Brown |
spellingShingle |
Luke McNamara Julia Quilter Russell Hogg Heather Douglas Arlie Loughnan David Brown Theorising Criminalisation: The Value of a Modalities Approach International Journal for Crime, Justice and Social Democracy |
author_facet |
Luke McNamara Julia Quilter Russell Hogg Heather Douglas Arlie Loughnan David Brown |
author_sort |
Luke McNamara |
title |
Theorising Criminalisation: The Value of a Modalities Approach |
title_short |
Theorising Criminalisation: The Value of a Modalities Approach |
title_full |
Theorising Criminalisation: The Value of a Modalities Approach |
title_fullStr |
Theorising Criminalisation: The Value of a Modalities Approach |
title_full_unstemmed |
Theorising Criminalisation: The Value of a Modalities Approach |
title_sort |
theorising criminalisation: the value of a modalities approach |
publisher |
Queensland University of Technology |
series |
International Journal for Crime, Justice and Social Democracy |
issn |
2202-7998 2202-8005 |
publishDate |
2018-09-01 |
description |
‘Criminalisation’ has attracted considerable scholarly attention in recent years, much of it concerned with identifying the normative limits of criminal law-making. Starting from the position that effective theorisation of the legitimate uses of criminalisation as a public policy tool requires a robust empirical foundation, this article introduces a novel conceptual and methodological approach, focused on recognising a variety of modalities of criminalisation. The first part of this article introduces and explains the modalities approach we have developed. The second part seeks to demonstrate the utility of a modalities approach by presenting and discussing the findings of a pilot study of more than 100 criminal law statutes enacted in three Australian jurisdictions (New South Wales, Queensland and Victoria) between 2012 and 2016. We conclude that a modalities approach can support nuanced examination of the multiple ways in which adjustments to the parameters of criminalisation are effected. We draw attention to the complexity of the phenomenon of criminalisation, and highlight the need for further quantitative and qualitative work that includes longer-term historical analysis. |
url |
https://www.crimejusticejournal.com/article/view/511 |
work_keys_str_mv |
AT lukemcnamara theorisingcriminalisationthevalueofamodalitiesapproach AT juliaquilter theorisingcriminalisationthevalueofamodalitiesapproach AT russellhogg theorisingcriminalisationthevalueofamodalitiesapproach AT heatherdouglas theorisingcriminalisationthevalueofamodalitiesapproach AT arlieloughnan theorisingcriminalisationthevalueofamodalitiesapproach AT davidbrown theorisingcriminalisationthevalueofamodalitiesapproach |
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