Liberal criminal theory : essays for Andreas von Hirsch / edited by A P Simester, Antje du Bois-Pedain and Ulfrid Neumann ; with translations by Antje du Bois-Pedain.

Format:

Book

Contributor:

Simester, A. P., editor.

Du Bois-Pedain, Antje, editor, translator.

Neumann, Ulfrid, 1947- editor.

Language:

English

Subjects (All):

Von Hirsch, Andrew.

Criminal law--Philosophy.

Criminal law.

Physical Description:

1 online resource (408 p.)

Place of Publication:

Oxford, England ; Portland, Oregon : Hart Publishing, 2014.

Language Note:

English

Summary:

This collection brings together distinguished international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focussed. Together, they articulate and defend the ideal of a liberal criminal justice system.

Contents:

Cover; Half-title; Title; Copyright; Contents; List of Contributors; Editors' Introduction; Part 1: Punishment and Prevention; 1. Punishment Paradigms and the Role of the Preventive State; I. The Role of Prudential Disincentives; II. The Scope of the State's Authority to Censure; III. The State's Preventive Obligation; IV. Developing the Preventive Obligation; V. Conclusion; 2. Prevention, Censure and Responsibility: The Recent Debate on the Purposes of Punishment; I. Overcoming the Simple Contrast between Two Strands of Theories?

II. The Shortcomings of Traditional 'Absolute' and 'Relative' Theories of PunishmentIII. Principled Limits on Punishment, Guilt and Censure; IV. Why Must the Perpetrator Allow Himself to be Roped in for the Achievement of the State's Preventive Aims?; V. On the Expressive Function of Punishment; VI. Conclusion; 3. Prevention with a Moral Voice; I. Reconciling Desert and Deterrence; II. Respecting Persons: Hegel and the Moral Voice; III. Not Treating People as Means; IV. Conclusion; 4. The 'Deserved' Punishment; I. 'Effective' versus 'Deserved' Punishment: a Hypothetical Scenario

II. The Deserved Punishment: an Essential Component of 'Absolute' (Deontological) Theories of PunishmentIII. The Deserved Punishment in Complex ('Unified') Theories of Punishment; IV. The Culpability Principle: Ways towards its Recognition within a Theory of Punishment; V. The Culpability Principle as an Integral Component of the Institution of Punishment; VI. Punishment as Reaction and as Retribution; Part 2: Punishment, Desert and Communication; 5. After the Crime: Post-Offence Conduct and Penal Censure; I. Introduction; II. Defining Post-Offence-related Conduct

III. Justifying the Mitigating Role of Commendable POC: An Offence-seriousness ApproachIV. A More Expansive Account of the Normative Value of POC: Censure and Broader Retributive Values; V. Some External Objections to POC as a Sentencing Factor; VI. Conclusions; 6. Does Punishment Honour the Offender?; I. Overview; II. Reprobation and Treatment as a 'Moral Agent', ie as a Participant in Moral Discourse; III. Punishment as Honouring the Offender in German Idealist Philosophy; IV. What are the Differences between Strawson and the German Idealists with respect to the Function of Penal Censure?

V. Imputation and the Person prior to Idealism: Attribution of Responsibility as a way of Taking Identity SeriouslyVI. Criticising this Tradition with Assistance from Hegel? (The Case of Forgiveness); 7. Criminal Law, Crime and Punishment as Communication; I. Punishment: From Welfare Instrumentalism to Moral Expressivism; II. The Communicative Turn; III. Punishment as Communication; IV. What does the Crime Say?; V. What does the Criminal Law Say?; VI. Why Hard Treatment?; VII. Communication as an Action; VIII. Again: Punishment as Communication; 8. Can Deserts Be Just in an Unjust World?

I. Recognition of the 'Unjust World' Problem

Notes:

Includes index.

Description based on print version record.

ISBN:

1-5099-1387-4

1-78225-455-2