Trust,Distrust and Reassurance: Diversion and Preventive Orders Through the Prism of Feindstrafrecht |
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| Authors: | Daniel Ohana |
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| Institution: | 1. Hebrew University of Jerusalem;2. aTeaching Fellow, Institute of Criminology and Faculty of Law, Hebrew University of Jerusalem;3. Faculty of Law, Tel Aviv University. The financial support of the DAAD Center for German Studies at the European Forum of the Hebrew University of Jerusalem is appreciatively acknowledged. I am grateful for the hospitality of Knut Amelung during my visit at the Technische Universit?t Dresden, and for the comments of Leslie Sebba, Miriam Gur‐Arye and the anonymous reviewers. |
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| Abstract: | This article considers Günther Jakobs' controversial theory of ‘the criminal law of the enemy’ (Feindstrafrecht). Taking an interpretive perspective that is anchored in social theory, rather than normative principles, the article traces the implications of Jakobs' central claims concerning trust relations in society as mediated by the criminal law and endeavours to articulate their relevance for English law, particularly as regards the growing role of diversion and preventive orders in criminal justice. It identifies the various ways in which these current alternatives to the criminal sanctioning process link with neo‐liberal technologies of government by connecting Jakobs' thoughts on trust with key themes in the Foucauldian governmentality literature and recent research on the ascent of auditing as a meta‐regulatory mechanism. |
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