Vice Crimes and Preventive Justice

摘要: This symposium contribution offers a reconsideration of range "vice crime" legislation from late 19th and early 20th century American law, involving matters such as prostitution, the use opiates, illegal gambling, polygamy. According to standard account, original justification for these offenses was purely moralistic (in sense that they criminalize conduct solely or primarily because it is intrinsically wrong sinful not its negative effect on anyone) paternalistic limit persons' liberty autonomy supposedly their own good); only later, in century, those who supported legislative initiatives sought justify them terms ability prevent harms. piece argues rationale vice crimes laws much more complicated than has traditionally been thought, encompassing just justifications but also wide harm-based rationales -- similar underlie modern, technocratic, "preventive justice" anti-social behavior orders, sex offender registration, stop-and-frisk policing, fight against terrorism.