This volume throws down a challenge to traditional methods of thought
about the criminal law. At a time when the principles of criminalization are
much analysed and when features of the ‘preventive turn’ in criminal law are
strongly opposed, this monograph examines the values that allegedly underlie
the criminal law (notably, autonomy and liberty) and shows how in practice
they tend to operate in tension with concerns about how that liberty is
exercised by others, concerns which result in an emphasis on risk, security,
and prevention. It is argued that the subject of criminal law is characterized
both as an autonomous agent and as potentially dangerous, one of several
dichotomies that represent a challenge to liberal criminal law theory. The
flow of Henrique Carvalho’s argument draws the reader towards the case for
re- engineering established concepts such as subjectivity and responsibility so
as better to reflect the human condition and its political locus. Indeed, a
substantial part of the reasoning derives from detailed discussion of the political
philosophies of Hobbes, Locke, Hegel, and Bentham, while keeping the
reader in touch with examples that demonstrate the difficulties that traditional
criminal law theory encounters in supplying justifications for swathes
of our current criminal laws. This is a timely and important book, marking a
significant step in debates about the philosophy of criminal law.