Abstract
In their book Governing Security Les Johnston and Clifford Shearing argue that the state has lost its monopoly on the governance of security. Private security arrangements have formed a networked governance of security in which the criminal law of the state is just one of the many knots or ‘nodes’ of the security network. Johnston and Shearing consider On Crimes and Punishment, written by Cesare Beccaria in the 18th century, as the most important statement of the classical security program which has withered away in the networked governance of the risk society. This article critizes the way Johnston and Shearing analyze Beccaria’s social contract theory and it formulates a Beccarian theory of the criminal law and nodal governance which explains the causes of crime and the rise of nodal governance and defends the central role of the state in anchoring security arrangements based on private contracts and property rights.
Original language | Dutch |
---|---|
Pages (from-to) | 158-175 |
Number of pages | 18 |
Journal | Netherlands Journal of Legal Philosophy |
Volume | 39 |
Issue number | 2 |
Publication status | Published - 2010 |