Confronting Penal Excess : Retribution and the Politics of Penal Minimalism

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. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, 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. Third, that another retributivism is therefore necessary if we are to confront penal excess. The monograph offers a sketch of this new approach, 'late retributivism', as both a theory of punishment and of minimalist political action, 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 this 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. Acknowledgements Table Of Contents List of Tables and Figures Introduction: The Politics of Penal Minimalism I. The Pursuit of the Minimal Penal State in an Age of Excess II. The 'Problem of Punishment' III. The Structure of this Book Part I Defining Penal Excess Chapter One: Penal Excess and Penal Minimalism I. Conceptual Foundations: Penal Excess, Moderation, and Minimalism II. Political Foundations: Penal Minimalism as a Public Good III. Conclusion: Two Spatial Metaphors for Penal Excess Chapter Two: Penal Excess in England and Wales I. Mass Punishment: Excesses of Size II. Punishing the Poor: Excesses of Shape III. Conclusion: The Age of Excess Chapter Three: Penal Excess as the Failure of Retribution I. The Historical Context of Retributivism and the Rise of Penal Excess II. Retributive Proportionality and the Limited Penal State III. Critiques of Retributive Penal Minimalism IV. Conclusion: Catching Chimera by the Tail Part II Pursuing Penal Minimalism Chapter Four: Other Routes to Penal Minimalism I. Rehabilitation and Penal Minimalism II. Restorative Justice and Penal Minimalism III. Penal Abolitionism and (Post-)Penal Minimalism IV. Conclusion: Is Penal Minimalism Possible? Chapter Five: Proportionality and its Alternatives I. Five Limiting Factors II. Conclusion: A 'First Among Equals' Approach to Proportionality? Part III Confronting Penal Excess Chapter Six: Groundwork for a Late Retributivism I. What Sort of a Theory? II. Why 'Late' Retributivism? III. Why Retributivism at All? IV. Conclusion: Late Retributivism and Orthodox Retributivism Chapter Seven: Elements of a Late Retributivism I. Social Awareness: Thinking Beyond the Penal State II. Political Outspokenness: Towards Substantive Democracy III. Inter-Subjectivity: Sentencing, for Humans IV. Self-Deprecation: Towards a Finite Retributivism V. Conclusion: The Core of Late Retributivism Chapter Eight: Conclusion: Confronting Penal Excess Bibliography Index "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."-- Résumé de l'éditeur "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 "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"-- prové de l'editor "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. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, 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. Third, that another retributivism is therefore necessary if we are to confront penal excess. The monograph offers a sketch of this new approach, 'late retributivism', as both a theory of punishment and of minimalist political action, 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 this 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