Penal Censure

Download Penal Censure full books in PDF, epub, and Kindle. Read online Penal Censure ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Penal Censure

Author : Antje du Bois-Pedain
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919791
Total Pages : 539 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Penal Censure by : Antje du Bois-Pedain

Download or read book Penal Censure written by Antje du Bois-Pedain and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Deserved Criminal Sentences

Author : Andreas von Hirsch
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902678
Total Pages : 217 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Deserved Criminal Sentences by : Andreas von Hirsch

Download or read book Deserved Criminal Sentences written by Andreas von Hirsch and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Remorse, Penal Theory and Sentencing

Author : Hannah Maslen
Publisher : Bloomsbury Publishing
ISBN 13 : 1782258930
Total Pages : 230 pages
Book Rating : 4.7/5 (822 download)

DOWNLOAD NOW!

Book Synopsis Remorse, Penal Theory and Sentencing by : Hannah Maslen

Download or read book Remorse, Penal Theory and Sentencing written by Hannah Maslen and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Censure and Sanctions

Author : Andrew Von Hirsch
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198262411
Total Pages : 133 pages
Book Rating : 4.2/5 (624 download)

DOWNLOAD NOW!

Book Synopsis Censure and Sanctions by : Andrew Von Hirsch

Download or read book Censure and Sanctions written by Andrew Von Hirsch and published by Oxford University Press on Demand. This book was released on 1996-02-08 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be `proportionate' to the severity of the crime. This book, written by the leading architect of `just deserts' sentencing theory, discusses how sentences may bescaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be `anchored' to reduce overall punishment levels; how non-custodial penalties should be graded and used; and how politicalpressures impinge on sentencing policies.

Popular Punishment

Author : Jesper Ryberg
Publisher : Oxford University Press
ISBN 13 : 0199941386
Total Pages : 273 pages
Book Rating : 4.1/5 (999 download)

DOWNLOAD NOW!

Book Synopsis Popular Punishment by : Jesper Ryberg

Download or read book Popular Punishment written by Jesper Ryberg and published by Oxford University Press. This book was released on 2014-05-15 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosophers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restorative justice programs, and other means.

Liberal Criminal Theory

Author : A P Simester
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254552
Total Pages : 408 pages
Book Rating : 4.7/5 (822 download)

DOWNLOAD NOW!

Book Synopsis Liberal Criminal Theory by : A P Simester

Download or read book Liberal Criminal Theory written by A P Simester and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Punishment, Restorative Justice and the Morality of Law

Author : Erik Claes
Publisher : Intersentia nv
ISBN 13 : 9050954235
Total Pages : 214 pages
Book Rating : 4.0/5 (59 download)

DOWNLOAD NOW!

Book Synopsis Punishment, Restorative Justice and the Morality of Law by : Erik Claes

Download or read book Punishment, Restorative Justice and the Morality of Law written by Erik Claes and published by Intersentia nv. This book was released on 2005 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critics take the unclear status of restorative justice practices, along with their vagueness in meaning and purpose, as a clear invitation to a fundamental questioning of the legitimacy of these practices. Their supporters consider the experiment of restorative justice as a platform for reforming penal institutions and for rethinking the legitimacy of orthodox legal reasoning. Within the framework of a rechtsstaat, a democratic state governed by fundamental rights and by the rule of law, both issues of legitimacy lead not only to reflection on concepts such as restoration, punishment, or on such notions as harm and wrong. Questioning the legitimacy both of restorative justice practices and of the prevailing penal system also inevitably involves some reflection on, and articulation of, the underlying values and normative aspirations of such a democratic constitutional state. What are these values and how can they be given appropriate expression in the leading concepts and principles of the criminal law? To what extent are fundamental rights and principles of the rule of law sufficiently reflected in the practices of restorative justice? How are these practices to be related to the criminal justice system according to the normative aspirations of a democratic constitutional state? To what degree can current penal practices be made continuous with these aspirations? These fundamental questions formed the intellectual framework for the 10th Aquinas Conference on Restorative Justice, Punishment and the Morality of Law, at which conference the larger part of the papers published in this volume were presented. Consistent with the structure of the conference, this collection of essays is organised into three parts, each focussing on one central topic and containing a lead essay and corresponding replies. The first part offers critical scrutiny of one of the cornerstones of a criminal justice system governed by the rule of law, namely the principle of legality. Efforts are made to empower this principle through reflection on its underlying values and aspirations, and this in order to meet some of the legitimate ideals and concerns of restorative justice. These efforts are subsequently assessed from both sociological and philosophical perspectives. In the second part, attention is drawn to the legitimacy of restorative justice practices. Here, the normative intuitions of a democratic constitutional state serve either as a critical framework to assess these practices, or, more optimistically, as ideals to whose realisation restorative justice is supposed to make a valuable contribution. And, finally, in the third part, reflection on the value of restorative justice brings us to a fundamental questioning of the legitimacy of punishment and penal practices. Central to the discussion is whether it is possible to interpret and normatively reconstruct the idea and practice of punishment so as to make them compatible with, and even continuous with, the underlying values of a democratic constitutional state.

Deserved Criminal Sentences

Author : Andreas von Hirsch
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902686
Total Pages : 179 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Deserved Criminal Sentences by : Andreas von Hirsch

Download or read book Deserved Criminal Sentences written by Andreas von Hirsch and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Sentencing and Punishment

Author : Susan Easton
Publisher : Oxford University Press, USA
ISBN 13 : 0199693536
Total Pages : 522 pages
Book Rating : 4.1/5 (996 download)

DOWNLOAD NOW!

Book Synopsis Sentencing and Punishment by : Susan Easton

Download or read book Sentencing and Punishment written by Susan Easton and published by Oxford University Press, USA. This book was released on 2012-06-14 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text presents an overview of sentencing and punishment from penological, social policy and legal perspectives. It provides an accessible account of the changing attitudes of the public, policy makers and the judiciary regarding what constitutes 'just' punishment.

The Oxford Handbook of Philosophy of Criminal Law

Author : John Deigh
Publisher : Oxford University Press
ISBN 13 : 0195314859
Total Pages : 540 pages
Book Rating : 4.1/5 (953 download)

DOWNLOAD NOW!

Book Synopsis The Oxford Handbook of Philosophy of Criminal Law by : John Deigh

Download or read book The Oxford Handbook of Philosophy of Criminal Law written by John Deigh and published by Oxford University Press. This book was released on 2011-09-22 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title contains 17 original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation responsibility, justification and excuse, duress, and more.

Crime, Punishment, and Responsibility

Author : Rowan Cruft
Publisher : Oxford University Press
ISBN 13 : 0199592810
Total Pages : 405 pages
Book Rating : 4.1/5 (995 download)

DOWNLOAD NOW!

Book Synopsis Crime, Punishment, and Responsibility by : Rowan Cruft

Download or read book Crime, Punishment, and Responsibility written by Rowan Cruft and published by Oxford University Press. This book was released on 2011-07-14 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.

Principles and Values in Criminal Law and Criminal Justice

Author : Lucia Zedner
Publisher : Oxford University Press
ISBN 13 : 0199696799
Total Pages : 366 pages
Book Rating : 4.1/5 (996 download)

DOWNLOAD NOW!

Book Synopsis Principles and Values in Criminal Law and Criminal Justice by : Lucia Zedner

Download or read book Principles and Values in Criminal Law and Criminal Justice written by Lucia Zedner and published by Oxford University Press. This book was released on 2012-08-16 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Celebrating the scholarship of one of the leading lawyers of the common law, Andrew Ashworth, the essays in this volume address fundamental questions of principle and value in criminal law, criminal process, human rights, sentencing, and punishment. This is a major contribution to contemporary debates about criminalization and punishment.

Sentencing and Punishment

Author : Emeritus Professor of Law Susan Easton
Publisher : Oxford University Press
ISBN 13 : 0192863290
Total Pages : 593 pages
Book Rating : 4.1/5 (928 download)

DOWNLOAD NOW!

Book Synopsis Sentencing and Punishment by : Emeritus Professor of Law Susan Easton

Download or read book Sentencing and Punishment written by Emeritus Professor of Law Susan Easton and published by Oxford University Press. This book was released on 2022-12-22 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the theory behind the headlines and engaging with current debates, this new edition provides thoughtful, impartial, and unbiased coverage of sentencing and punishment in the UK. Collectively, Susan Easton and Christine Piper are highly experienced teachers and researchers in this field, making them perfectly placed to deliver this lively account of a highly dynamic subject area. The book takes a thorough and systematic approach to sentencing and punishment, examining key topics from legal, philosophical, and practical perspectives. Offering in-depth and detailed coverage, while remaining clear and succinct, the authors deliver a balanced approach to the subject. Chapter summaries, discussion questions, and case studies help students to engage with the subject, apply their knowledge, and reflect upon debates. Fully reworked and restructured, this fifth edition has been updated to include developments such as the Sentencing Act 2020 and changes following the 2019 general election. This is the essential guide for anyone studying sentencing and punishment as part of a law or criminology course.

Justice as Message

Author : Carsten Stahn
Publisher :
ISBN 13 : 0198864183
Total Pages : 481 pages
Book Rating : 4.1/5 (988 download)

DOWNLOAD NOW!

Book Synopsis Justice as Message by : Carsten Stahn

Download or read book Justice as Message written by Carsten Stahn and published by . This book was released on 2020 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is the first to examine the expressive and communicative functions of law in a comprehensive way in the field of atrocity crime. It shows that expression and communication are not only inherent parts of the punitive functions of international criminal justice, but are represented in a whole spectrum of practices.

Just Sentencing

Author : Richard S. Frase
Publisher : Oxford University Press, USA
ISBN 13 : 0199757860
Total Pages : 297 pages
Book Rating : 4.1/5 (997 download)

DOWNLOAD NOW!

Book Synopsis Just Sentencing by : Richard S. Frase

Download or read book Just Sentencing written by Richard S. Frase and published by Oxford University Press, USA. This book was released on 2013 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.

The Oxford Handbook of the Philosophy of Punishment

Author : Jesper Ryberg
Publisher : Oxford University Press
ISBN 13 : 0197750508
Total Pages : 745 pages
Book Rating : 4.1/5 (977 download)

DOWNLOAD NOW!

Book Synopsis The Oxford Handbook of the Philosophy of Punishment by : Jesper Ryberg

Download or read book The Oxford Handbook of the Philosophy of Punishment written by Jesper Ryberg and published by Oxford University Press. This book was released on 2024-11 with total page 745 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Crimes, Harms, and Wrongs

Author : A P Simester
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317774
Total Pages : 238 pages
Book Rating : 4.8/5 (473 download)

DOWNLOAD NOW!

Book Synopsis Crimes, Harms, and Wrongs by : A P Simester

Download or read book Crimes, Harms, and Wrongs written by A P Simester and published by Bloomsbury Publishing. This book was released on 2011-06-24 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: When should we make use of the criminal law? Crimes, Harms, and Wrongs offers a philosophical analysis of the nature and ethical limits of criminalisation. The authors explore the scope of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm, developing guiding principles for these various grounds of state prohibition. Both authors have written extensively in the field. They have produced an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike. 'this elegant, closely argued and convincing book is of great value and can be expected to be of lasting influence.' James Chalmers 'Crimes, Harms, and Wrongs . . . is a welcome addition to this field, and should clarify the reader's thinking on a breathtakingly broad range of issues. . . . This is an important book, and [its] consideration of not only Anglo-American theory and law, but also German legal doctrines and writings on criminalisation, should ensure that this debate reaches new heights in the future.' Findlay Stark 'the result of [the authors'] many decades of thought and writing on this fundamental subject is an integrated, accessible, philosophically sophisticated discussion of this subject.' Justice Gilles Renaud 'A.P. Simester and Andreas von Hirsch present an informed and systematic account of the principles that, in their view, should structure decisions about what to criminalize, and when.' Vincent Chiao 'an outstanding work, original in many respects and meticulous in its arguments. It represents the greatest advance on this subject since Feinberg's four volumes . . . an outstanding contribution to the re-invigorated criminalization debate.' Andrew Ashworth 'important, original, interesting, and often ingenious. Unlike some recent competitive books it has the virtue of making sound arguments. And like everything else the authors have written, it is a joy to read ...This is an absolutely wonderful book.' Douglas Husak