Penal censure : engagements within and beyond desert theory / edited by Antje du Bois-Pedain, Anthony E Bottoms.

Format:

Book

Contributor:

Du Bois-Pedain, Antje, editor.

Bottoms, Anthony E., 1939- editor.

Series:

Studies in penal theory and penal ethics ; Volume 7.

Studies in penal theory and penal ethics ; Volume 7

Language:

English

Subjects (All):

Punishment--Philosophy.

Punishment.

Physical Description:

1 online resource (xix, 307 pages).

Place of Publication:

Oxford, England : Hart, [2019]

Summary:

"The exploration of penal censure in this book is inspired by the fortieth anniversary in 2016 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 von Hirsch's 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"-- Provided by publisher.

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 jurisprudence of just punishment / Michael Tonry.

Notes:

Description based on print version record.

Includes index.

ISBN:

9781509919796

1509919791

9781509919802

1509919805