Penal censure: engagements within and beyond desert theory
by Bottoms, A. E. Du Bois-Pedain, Antje
"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 desert…
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- Full title :Penal censure : engagements within and beyond desert theory / edited by Antje du Bois-Pedain and Anthony E Bottoms.
Summary
"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."--
Read More ↓Edition Statements
- Publication Date:2019.
Publication Statements
- Publisher(s):Hart Publishing
- Place of Publication:Oxford
- Language:eng
- Publication Date:2019.
The Physical Object
- Description:xix, 307 pages ; : 24 cm
Edition Identifiers
- ISBN:9781509919789, 1509919783
- oclc:on1110456731
- LC Classification:K5103
- Dewey Decimal:345/.0773
Table of Contents
Introduction / Antje du Bois-Pedain and Anthony E Bottoms -- The architecture of censure / John Kleinig -- Censure, sanction and the moral psychology of resentment and punitiveness / Jonathan Jacobs -- Reflective censure : punishment and human development / Liat Levanon -- How should we argue for a censure theory of punishment? / Christopher Bennett -- Censure and hard treatment in the general justification for punishment: a reconceptualisation of desert-oriented penal theory / Andreas von Hirsch -- Deserved censure, hard treatment and penal restraint / Andrew Ashworth -- Penal censure, repentance and desistance / Anthony E Bottoms -- The evolution of retributive punishment : from static desert to responsive penal censure / Julian V Roberts and Netanel Dagan -- Dealing with potential terrorists within a censure-based model of sentencing / Alessandro Corda -- Rootless desert and unanchored censure / Matt Matravers -- The role of victims' rights in punishment theory / Tatjana Hörnle -- Penal desert and the passage of time / Antje du Bois-Pedain -- Censure, dialogue and reconciliation / Rob Canton -- Fairness, equality, proportionality and parsimony : towards a comprehensive jurispru…
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