جدول المحتويات: :: Library Catalog

محفوظ في:

التفاصيل البيبلوغرافية
المؤلف الرئيسي:	Vassilieva, Elena
التنسيق:	Recurso digital
اللغة:
منشور في:	Zenodo 2025
الوصول للمادة أونلاين:	https://doi.org/10.5281/zenodo.17733673
الوسوم:	إضافة وسم لا توجد وسوم, كن أول من يضع وسما على هذه التسجيلة!

جدول المحتويات:

<div> THE SEED OF GLOBAL LEGAL HARM: WHERE PREVENTIVE JUSTICE WAS BORN Punishment Without Crime and Total Surveillance: A First Analysis of the UK’s Unique Model of Risk-Based Justice (DAA 2021)   Through this study, the author undertakes what is, in essence, the first attempt to reassess and conceptually analyse the phenomenon of so-called preventive justice and risk-based adjudication. The essence of this phenomenon lies in compelling courts to address matters fundamentally alien to the nature of law: instead of the adjudication of past events, courts are asked to anticipate hypothetical risks and to impose so-called “preventive measures” aimed at averting potential harm. These measures, while presented as preventive and ostensibly harmless, are in fact repressive. Each such order imposes restrictions on otherwise lawful conduct under the threat of criminal sanction. In practice, each preventive restraining or occupation order functions as a personalised “mini-law,” issued outside Parliament and beyond the formal legislative process — restricting lawful behaviour preemptively rather than addressing already criminal acts. The author contends that preventive rhetoric and appeals to compassion for alleged “victims” serve as a cover for the systematic erosion of due process. It is precisely the weakening of these legal safeguards that leaves individuals defenceless against the arbitrariness of the state and exposes them to abuses by malicious actors. Although the erosion of legal safeguards can be observed everywhere — for example, the undermining of the basic principle that “the law is equal for all” through the creation of so-called “vulnerable groups” — the United Kingdom has become a kind of epicentre of this movement. According to the author, the starting point of the United Kingdom’s unique trajectory was 1996 — the adoption of the Family Law Act (FLA). The removal of Family Law from the strict confines of Civil procedure, and the expansion of “protection” from the narrow “husband–wife” relationship to so-called “associated persons,” created a controlled, almost sterile environment for experimentation — a legal “Petri dish.” While the system internally tested these advanced legal technologies, externally it maintained an appearance of conservatism and adherence to long-established traditions. The purpose of this experiment, as the author interprets it, was to create a unique legal model capable of imposing a system of all-encompassing surveillance and a pervasive climate of fear in peacetime — not enforced from above, nor through the passage of overtly repressive laws, but from within the very workings of the system itself, silently shaping behaviour and controlling lives. In the following years, in particular, there has been a consistent blurring of legal concepts, accompanied by the creation of unprecedented new constructs — moving from the more or less well-defined notion of “domestic violence” to increasingly vague categories such as “harassment,” “behavioural patterns,” “coercive controlling behaviour,” and, ultimately, “abuse.” The term “abuse” (misuse), when not qualified by an object (misuse of what?), is essentially a legal void. Yet as a tool of intimidation, abuse proves to be universal: by prohibiting vaguely defined “abusive” acts, the state places individuals in a state of permanent, all-pervading fear, leaving them uncertain which actions or omissions may trigger punishment. In 2021, after a quarter of a century and amid the COVID “spring,” the project was formally completed with the adoption of the Domestic Abuse Act (DAA). This created a legal construct unprecedented in human history, capable of subjecting any individual, even the most law-abiding, to extrajudicial punishments and restrictions on virtually all rights — with no exceptions, not even for fundamental rights — and placing them under strict supervisory measures normally reserved for those accused of serious crimes. The corresponding universal instrument, the Domestic Abuse Protection Order (DAPO), already undergoing experimental testing, is designed to affect approximately 2.3 million people per year in England and Wales alone. The author highlights the defining characteristics of this unique model: its autonomy, self-reproduction, resilience to external influence, and near-indestructibility. Such a system requires no traditional state apparatus of repression — its agents of control are everyone: neighbours, colleagues, classmates, teachers, medical professionals, and above all, family members. Through initiatives such as Recognise Abuse, school programmes, and pervasive media campaigns, a climate of constant suspicion within families is being deliberately cultivated, systematically eroding the principle that “my home is my castle.” As a result, individuals can no longer feel safe or free from fear, even within the walls of their own homes, trapped in a state of pervasive, unrelenting anxiety. </div>

مواد مشابهة