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| Author | : Antje du Bois-Pedain |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 288 |
| Release | : 2019-04-04 |
| Genre | : Law |
| ISBN | : 1509919805 |
Download Penal Censure Book in PDF, ePub and Kindle
This exploration of penal censure is inspired by the 40th anniversary of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within his theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological–anthropological and individual–psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory.
| Author | : Antje du Bois-Pedain |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 508 |
| Release | : 2019-04-04 |
| Genre | : Law |
| ISBN | : 1509919791 |
Download Penal Censure Book in PDF, ePub and Kindle
This exploration of penal censure is inspired by the 40th anniversary of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within his theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological–anthropological and individual–psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory.
| Author | : Andrew Von Hirsch |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 152 |
| Release | : 1993 |
| Genre | : Law |
| ISBN | : |
Download Censure and Sanctions Book in PDF, ePub and Kindle
The 1991 Criminal Justice Act, requires that sentences be 'proportionate' to the severity of the crime. This book discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences and how political pressures impinge on sentencing policies.
| Author | : Colin Sumner |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 1990 |
| Genre | : Psychology |
| ISBN | : 9780335151899 |
Download Censure, Politics and Criminal Justice Book in PDF, ePub and Kindle
Criminal justice is examined here as a powerful but contested system of state sanctification and enforcement of dominant social censures. The contributors explore the political and ideological composition of criminal justice and its associated public imagery. They present empirical investigations on the political bias of the magistracy, South African political trials, television images of crime and law enforcement, and press censure of dissident minorities and of the suffragette movement. They draw on recent theoretical developments within Marxist criminology and the sociology of law to put forward a modern socialist approach to criminology. They share a commitment to sociological research which is informed by socialist theory and politics but based on empirical enquiry or fieldwork.
| Author | : Andreas von Hirsch |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 206 |
| Release | : 2017-02-09 |
| Genre | : Law |
| ISBN | : 1509902678 |
Download Deserved Criminal Sentences Book in PDF, ePub and Kindle
This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
| Author | : Anthony Amatrudo |
| Publisher | : Springer |
| Total Pages | : 382 |
| Release | : 2017-08-01 |
| Genre | : Social Science |
| ISBN | : 1349952214 |
Download Social Censure and Critical Criminology Book in PDF, ePub and Kindle
This edited collection focuses on the sociology of 'social censure' – the sociological term advocated by Colin Sumner in his seminal writing of the 1980s and 1990s. Social censure has become increasingly important in contemporary criminological writing. This can especially be seen in recent writing on gender and race and also in terms of the way that the state's relationship to crime is now understood. This collection addresses a deficit in the published literature and both revisits themes from an earlier era and looks forward to the development of new writing that develops Sumner’s seminal work on social censure. The contributors are drawn from leading scholars from across the Social Sciences and Law and they address a wide range of issues such as: race, youth justice, policing, welfare, and violence. The resulting volume is an interdisciplinary text which will be of special interest to scholars and students of Critical Criminology and Socio-Legal Studies, as well as those interested in the operation of the criminal justice system and criminological theory.
| Author | : Hannah Maslen |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 230 |
| Release | : 2015-04-30 |
| Genre | : Law |
| ISBN | : 1782258930 |
Download Remorse, Penal Theory and Sentencing Book in PDF, ePub and Kindle
This monograph addresses a contested but under-discussed question in the field of criminal sentencing: should an offender's remorse affect the sentence he or she receives? Answering this question involves tackling a series of others: is it possible to justify mitigation for remorse within a retributive sentencing framework? Precisely how should remorse enter into the sentencing equation? How should the mitigating weight of remorse interact with other aggravating and mitigating factors? Are there some offence or offender characteristics that preclude remorse-based mitigation? Remorse is recognised as a legitimate mitigating factor in many sentencing regimes around the world, with powerful effects on sentence severity. Although there has been some discussion of whether this practice can be justified within the literature on sentencing and penal theory, this monograph provides the first comprehensive and in-depth study of possible theoretical justifications. Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them. The conclusions reached have relevance for sentencing systems around the world.
| Author | : R. A. Duff |
| Publisher | : Oxford University Press |
| Total Pages | : 266 |
| Release | : 2003-05-15 |
| Genre | : Law |
| ISBN | : 0198026439 |
Download Punishment, Communication, and Community Book in PDF, ePub and Kindle
The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices.
| Author | : A P Simester |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 408 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782254552 |
Download Liberal Criminal Theory Book in PDF, ePub and Kindle
This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.
| Author | : Andreas von Hirsch |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 179 |
| Release | : 2017-02-09 |
| Genre | : Law |
| ISBN | : 1509902686 |
Download Deserved Criminal Sentences Book in PDF, ePub and Kindle
This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
