Governing through Globalised Crime provides an analysis of the impact of globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance.
The book seeks to argue that values of freedom, equality, communitarian harmony and personal integrity which the prosecution of crimes against humanity are said to advance, need not be sacrificed in a new world order obsessed with partial security and secularized risk. This book aims to address a way forward for the governance capacity of international criminal justice, arguing that international criminal justice provides a central tool for global governance. In exploring the dependency of global governance on crime and control, projections can be made about the changing face of international criminal justice. Fundamental transformation is required to hold unjust global dominion to account.
The book's policy perspective challenges international criminal justice to return to the more critical position justice has exercised in the separation of powers constitutional legality. For liberal democratic theory at least, judicial authority and its institutions have ensured constitutional legality by requiring the legislature and the executive to operate accountably against a higher normative order. This is not a predominant function of judges and courts in the international context despite their statutory invocation to this task .
Case-studies of global crime and control reveal contexts in which the co-opted governance of institutional ICJ in particular, has a politicized motivation which too often advances the authority and interests of one world order against the sometimes legitimate resistance of criminalized communities. When the analysis moves to the consideration of victim community interests, and from there to the appropriate global constituencies of ICJ, the nature and limitations of ICJ supporting governance in the risk/security model, becomes apparent.
Table of Contents
1. The New Globalisation – Modernity to Risk Societies 2 .Crime and Risk – Nexus between Crime and Globalisation 3. A Review of Global Crime Problems – Studies of Crime as Global Risk 4. Risk and Security – Studies of Global Crime Control Responses in the Context of International Security 5. International Criminal Justice and Governance 6. Governing Through Globalised Crime 7. Tensions Between Globalised Governance and Internationalised Justice 8. The Crucial Place of Crime and Control within the Transformation of Globalised Cultures 9. Global Governance and the Future of International Criminal Justice Transformed
Mark Findlay is Deputy Director of the Institute of Criminology at the University of Sydney, and Chair in International Criminal Justice at the Law School, University of Leeds.
'Criminology rarely produces work that offers a major reassessment of the scene and sets an agenda for innovative engagement with policy. Braithwaite's Crime Shame and Reintegration stands out in this way. This book by Mark Findlay is formed in the same mould and bears similar promise 'in relation to still more important issues. A major contribution by the leading criminologist of international justice.' − Professor Pat O'Malley, Sydney Law School, Australia
'The author combines three bodies of literature in a very creative way: crime in modern societies, economic and political globalisation, and the search for risk and security. In elaborating this triangle, Findlay's approach is innovative, fresh and thorough. The result is a must-read for every scholar, policy-maker and citizen dealing with or interested in crime, criminal justice and criminal policy.' − Stephan Parmentier, Catholic University of Leuven, Belgium
'The war on terror, with its merger of the logics of crime control and international security has created an irreversible dynamic of change that threatens to transform the international legal order into a system of crime control. It has become impossible to think through the problem of crime governance within the sovereign state yet few scholars of crime understand the emerging global institutions of justice, and few international law experts take crime seriously as a problem of governance. Fortunately Mark Findlay's scholarship has long brought together both fields. In this remarkable study Findlay provides a compelling account of the rise of this new international form of crime governance, and a communitarian vision of justice that can compete with crime and risk in both international and domestic settings.' − Professor Jonathan Simon, Berkeley Center for Criminal Justice, University of California