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Vol 23 No 9 Sept/Oct 2018

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Blackstone 2019
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Archbold 2019 out now

Penal Censure: Engagements Within and Beyond Desert Theory

Edited by: Antje du Bois-Pedain, Anthony E. Bottoms

ISBN13: 9781509919789
To be Published: April 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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.

Subjects:
Criminal Law
Contents:
Introduction
Antje du Bois-Pedain and Anthony E Bottoms
Censure: Mapping the Conceptual Territory
Ch.
1 The Architecture of Censure
John Kleinig
Ch.
2 Censure, Sanction, and the Moral Psychology of Resentment and Punitiveness
Jonathan Jacobs
Ch.
3 Reflective Censure: Punishment and Human Development
Liat Levanon
Ch.
4 How Should We Argue for A Censure Theory of Punishment?
Christopher Bennett
Censure and Just Deserts revisited: Issues for Desert Theory
Ch.
5 Censure and Hard Treatment in the General Justification for Punishment: A Reconceptualisation of Desert-Oriented Penal Theory
Andreas von Hirsch
Ch.
6 Deserved Censure, Hard Treatment and Penal Restraint
Andrew Ashworth
Ch.
7 Penal Censure, Repentance and Desistance
Anthony E Bottoms
Ch.
8 The Evolution of Retributive Punishment: From Static Desert to Responsive Penal Censure
Julian V Roberts and Netanel Dagan
Ch.
9 Dealing with Potential Terrorists Within a Censure-Based Model of Sentencing
Alessandro Corda
Censure, Desert and the Jurisprudence of Punishment
Ch.
10 Rootless Desert and Unanchored Censure
Matt Matravers
Ch.
11 The Role of Victims’ Rights in Punishment Theory
Tatjana Hörnle
Ch.
12 Penal Desert and the Passage of Time
Antje du Bois-Pedain
Ch.
13 Censure, Dialogue and Reconciliation
Rob Canton
Ch.
14 Fairness, Equality, Proportionality, and Parsimony: Towards a Comprehensive Jurisprudence of Just Punishment
Michael Tonry

Series: Studies in Penal Theory and Penal Ethics

Criminal Law and the Authority of the State ISBN 9781509905133
Published May 2017
Hart Publishing
£65.00
Criminal Law and the Authority of the State (eBook) ISBN 9781509905140
Published May 2017
Hart Publishing
£58.50 + £11.70 VAT
(ePub)
Buy
£19.99
£17.98 + £3.60 VAT
(ePub)
Buy
£55.00
£55.00
Incivilities: Regulating Offensive Behaviour ISBN 9781841134994
Published October 2006
Hart Publishing
£50.00
Restorative Justice and Criminal Justice
ISBN 9781841132730
Published January 2003
Hart Publishing
£60.00