Confronting penal excess : retribution and the politics of penal minimalism / David Hayes.

Format:

Book

Author/Creator:

Hayes, David (David John), author.

Language:

English

Subjects (All):

Alternatives to imprisonment--England.

Alternatives to imprisonment.

Alternatives to imprisonment--Wales.

Corrections--England.

Corrections.

Corrections--Wales.

Criminal justice, Administration of--England.

Criminal justice, Administration of.

Criminal justice, Administration of--Wales.

Imprisonment--England.

Imprisonment.

Imprisonment--Wales.

Physical Description:

1 online resource (251 pages)

Edition:

First edition.

Distribution:

London : Bloomsbury Publishing, 2019.

Place of Publication:

Oxford [England] : Hart, 2019.

System Details:

text file

HTML

PDF

Summary:

"This monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal state in those jurisdictions. It sets out three key arguments. Firstly, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Secondly, that the penal minimalist cause cannot do without retributive proportionality, at least in comparison to the limiting principles espoused by rehabilitation, restorative justice, and penal abolitionism. Thirdly that, accordingly, another retributivism is necessary if we are to confront penal excess. Hayes offers a sketch of this new approach, 'late retributivism', as both a theory of punishment and of minimalist political strategy, within a democratic society. Centrally, criminal punishment is approached as both a political act and a policy choice. Consequently, penal theorists must take account of contemporary political contexts in designing and advocating for their theories. Although Hayes's inquiry focuses primarily on England and Wales, its models of retributivism and of academic contribution to democratic penal policy-making are relevant to other jurisdictions, too"-- Provided by publisher.

Contents:

Introduction: The politics of penal minimalism

Penal excess and penal minimalism

Penal excess in England and Wales

Penal excess as the failure of retribution

Other routes to penal minimalism

Proportionality and its alternatives

Groundwork for a late retributivism

Elements of a late retributivism

Conclusion: Confronting penal excess.

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509918003

1509918000

9781509917990

1509917993

9781509917983

1509917985

OCLC:

1127152954