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Criminal Punishment and Human Rights: Convenient Morality (eBook)


ISBN13: 9780429861475
Published: March 2019
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: £30.83
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This book examines the relationship between international human rights discourse and the justifications for criminal punishment. Using inter-disciplinary discourse analysis, it exposes certain paradoxes that underpin the ‘International Bill of Human Rights’, academic commentaries on human rights law, and the global human rights monitoring regime in relation to the aims of punishment in domestic penal systems.

It argues that human rights discourse, owing to its theoretical kinship with Kantian philosophy, embodies a paradoxical commitment to human dignity on the one hand, and retributive punishment on the other. Further, it sustains the split between criminal justice and social justice, which results in a sociologically ill-informed understanding of punishment. Human rights discourse plays a paradoxical role vis-à-vis the punitive power of the State as it seeks to counter criminalisation in some areas and backs the introduction of new criminal offences – and longer prison sentences – in others. The underlying priorities, it is argued, have been shaped by a number of historical circumstances.

Drawing on archival material, the study demonstrates that the international penal discourse produced during the late nineteenth and early twentieth century laid greater emphasis on offender rehabilitation, and was more attentive to the social context of crime than is the case with the modern human rights discourse.

Subjects:
Human Rights and Civil Liberties, eBooks
Contents:
Acknowledgements
Table of Conventions, Treaties and International Instruments
Table of National Legislation
Table of Cases
Introduction
1. The Crime of Punishment: Reassessing Classical Penal Theory
2. The Gods that Failed: Positivist Criminology and the Legacy of the International Penal and Penitentiary Commission
3. Retributivism in the Age of Human Rights
4. Punishment and the Origins of International Human Rights Law: An Uncensored Account
5. The Untold Story of the Howard League’s Campaign for an International Prisoners’ Convention
6. The Great Force of History: Development of the Global Human Rights Regime
7. The Evolution and Interpretation of Human Rights Norms and Penal Aims: A New Standard of Civilization?
Conclusion
Bibliography

Series: Routledge Research in Human Rights Law

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The Human Rights Approach to Disability: Cases and Materials ISBN 9781138799080
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Decisional Privacy and the Rights of the Child ISBN 9781032123462
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Civilian Drones, Visual Privacy and EU Human Rights Law ISBN 9781032183725
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Executive Clemency: Comparative and Empirical Perspectives ISBN 9780367243579
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Human Rights and America's War on Terror ISBN 9780367499037
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Critical Indigenous Rights Studies ISBN 9780367481353
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Criminal Theory and International Human Rights Law ISBN 9780367182274
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Criminal Punishment and Human Rights: Convenient Morality ISBN 9781138625792
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Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley ISBN 9780815385844
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Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley (eBook) ISBN 9781351180016
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Human Rights in the Media: Fear and Fetish ISBN 9781138645813
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Critical Indigenous Rights Studies (eBook) ISBN 9781351747554
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Developing the Right to Social Security: A Gender Perspective ISBN 9780815354598
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Resolving Conflicts between Human Rights: The Judge's Dilemma ISBN 9781138658011
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Developing the Right to Social Security: A Gender Perspective ISBN 9781138120112
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Nomadic Peoples and Human Rights ISBN 9781138666498
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Care, Migration and Human Rights: Law and Practice (eBook) ISBN 9781317646037
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China's Human Rights Lawyers and Contemporary Chinese Law ISBN 9780415870849
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Human Rights Law and Personal Identity (eBook) ISBN 9781134443338
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Human Rights Law and Personal Identity ISBN 9780415529723
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Nomadic Peoples and Human Rights (eBook) ISBN 9781136020247
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Nomadic Peoples and Human Rights ISBN 9780415526968
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Litigating Transnational Human Rights Obligations ISBN 9780415858113
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The EU as a ‘Global Player’ in Human Rights? (eBook)
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415668217
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Human Rights Monitoring Mechanisms of the Council of Europe (eBook) ISBN 9781136667930
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