L'Argine

Putnam, Samuel; Deledda, Grazia

doi:10.2307/40076232

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“…59 In his in£uential analysis of the institutional performance of regional governments in di¡erent areas in Italy, Robert Putnam de¢ned social capital as 'features of social organization, such as trust, norms and networks that can improve the e⁄ciency of society by facilitating coordinated action'. 60 From this point of view, trust fosters cooperation, interdependence and risk-sharing which, in turn, facilitate social interaction and innovation. 61 Importantly, it is commonly observed in the literature on trust that social and political institutions, including notably the law, play a crucial role in this respect, providing forms of 'secondary trust' that enable strangers to maintain relations based on 'primary trust'.…”

Section: Interpersonal Trust and Trust In Institutionsmentioning

confidence: 99%

Trust, Distrust and Reassurance: Diversion and Preventive Orders Through the Prism of Feindstrafrecht

Ohana

2010

The Modern Law Review

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This article considers Gˇnther 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 identi¢es 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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Section: Interpersonal Trust and Trust In Institutionsmentioning

confidence: 99%

Trust, Distrust and Reassurance: Diversion and Preventive Orders Through the Prism of Feindstrafrecht

Ohana

2010

The Modern Law Review

View full text Add to dashboard Cite

show abstract

L'Argine

Cited by 1 publication

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Trust, Distrust and Reassurance: Diversion and Preventive Orders Through the Prism of Feindstrafrecht

Trust, Distrust and Reassurance: Diversion and Preventive Orders Through the Prism of Feindstrafrecht

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