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"Young people, welfare and crime"Governing non-participation$
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Ross Fergusson

Print publication date: 2016

Print ISBN-13: 9781447307013

Published to University Press Scholarship Online: September 2016

DOI: 10.1332/policypress/9781447307013.001.0001

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date: 17 December 2017

The advance of criminalisation

The advance of criminalisation

Chapter:
(p.193) Eight The advance of criminalisation
Source:
"Young people, welfare and crime"
Author(s):

Ross Fergusson

Publisher:
Policy Press
DOI:10.1332/policypress/9781447307013.003.0008

Chapter Eight applies Habermas’s analyses to demonstrate how juridification processes in general serve to ameliorate the deleterious effects of the domination of social priorities by political-economic priorities, to establish appropriate conditions for processes of criminalisation, and to make them available as tools of governance in relation to young people’s non-participation. Several distinctive modes of criminalisation are identified, and the ways in which they differentially breach precepts of jurisprudence, subvert rights and impose unjust punishments are considered by reference to critiques of changes in the nature and application of criminal law. A number of conditions conducive to criminalising non-participation are already in place, it is argued, that anticipate more coercive forms of governing non-participation. This view is supported by legal argument that some alleged offences that are targeted and prosecuted are no longer predicated on a wrong or a harm. In turn, this gives rise to the question as to whether the very status of some non-participants constitutes a basis for their prosecution, in particular circumstances. The closing section then considers current and prospective effects of legislative changes to further enforce young people’s participation, alongside emerging evidence of its perverse effects, notably in relation to young care-leavers.

Keywords:   care-leavers, civil law, criminal law, criminalisation, governance, juridification, jurisprudence, non-participation

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