مجازات کیفری: تعاملات درون و فراتر از نظریه بیابان

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. Studies in Penal Theory and Penal Ethics: Volume 7 Table of Contents List of Contributors Introduction I. The Individual Contributions II. Acknowledgements PART I: CENSURE: MAPPING THE CONCEPTUAL TERRITORY 1. The Architecture of Censure I. Structural Elements in Censure II. Pre-Censure Punishment Theory III. Conclusion 2. Censure, Sanction and the Moral Psychology of Resentment and Punitiveness I. Civil Society'S Morally Educative Role and the Relevance of Liberal Political Order II. A Morally Proper Role For Resentment III. A Morally Proper Role for Censure and Retributivist Considerations IV. Desert, Proportionality, and Parsimony V. Doing No Harm Vs Maximising the Good VI. Conclusion 3. Reflective Censure: Punishment and Human Development I. Censure in Penology: Positive and Negative II. Positive Censure in Penology III. From Penology to Naturalistic Developmental Theory: The Sphere of Schools IV. Developmental Theory: Wrongdoing and Containment V. Back to Penology: Punishment, Critical Self-Reflection and Political Containment VI. Further Implications for the Criminal Justice System: Rethinking the Place of Restorative Justice Practices VII. Objections VIII. Conclusions 4. How Should We Argue for a Censure Theory of Punishment? I. Why a Censure Account of Punishment? II. Questions That a Censure Theory Must Answer III. Von Hirsch'S Censure Theory IV. Why Should the State Censure Wrongdoing? V. Elements of a Positive Von Hirschian Censure Theory VI. Some Implications of Reconstructing Von Hirsch's View VII. Conclusion PART II: CENSURE AND JUST DESERTS REVISITED: ISSUES FOR DESERT THEORY 5. Censure and Hard Treatment in the General Justification for Punishment: A Reconceptualisation of Desert-oriented Penal Theory I. The Scaling Role of Hard Treatment II. Why Link Censure to Hard Treatment? III. The Supplementary Deterrent Role of Hard Treatment IV. Conclusion 6. Deserved Censure, Hard Treatment and Penal Restraint I. The Role of 'Underlying General Deterrence' II. Prevention and Penal Restraint III. Proportionality and Prevention 7. Penal Censure, Repentance and Desistance I. Foucault on Punishment II. The Repentance Debate in Penal Censure Theory III. Repentance as 'Turning Around' IV. Empirical Evidence on Repentance V. Implications for State Policy VI. Conclusion 8. The Evolution of Retributive Punishment: From Static Desert to Responsive Penal Censure I. Distinguishing Static Desert from Dynamic Censure II. Consequences of a Dynamic Censure Model for Sentencing Decisions and Sentence Enforcement III. Conclusion 9. Dealing with Potential Terrorists within a Censure-based Model of Sentencing I. Censure, Deservedness and Dangerousness in Andreas Von Hirsch;s Writings II. Would-Be Terrorists and Disregard of Proportionality Constraints III. Treatment of Potential Terrorists: A Comparative Overview IV. Desert, Censure and Punishment for Terrorist Offences: Is a Compatibilist Explanation Possible? V. Sentencing Potential Terrorists: Where do we Go from Here? VI. Conclusion PART III: CENSURE, DESERT AND THE JURISPRUDENCE OF PUNISHMENT 10. Rootless Desert and Unanchored Censure I. 'Just Deserts' II. Deserts and Entitlements III. Entitlements and Hard Treatment IV. In Desert's Absence: Proportionality Theory and Social Conventions of Censure V. Conclusion: or Where do we Go from Here? 11. The Role of Victims' Rights in Punishment Theory I. Collective Interests and Victims' Interests II. The Victim in Expressive Theories of Punishment III. Reasons to Integrate Victims' Interests in Theories of Punishment IV. Consequences for Criminal Trials V. Consequences for Sentencing VI. Conclusion 12. Penal Desert and the Passage of Time I. Challenging the Desert Relation II. The Temporality of the Wrong III. The Temporality of Guilt IV. The Temporality of Desert V. Conclusion: The Instability of Desert 13. Censure, Dialogue and Reconciliation I. Censure Theory and the 'Treatment Model' II. The Incompleteness of Censure Theory III. Righting Wrongs IV. Comparison with Criminal Justice V. Remorse and Apology, Forgiveness and Reconciliation VI. Rehabilitation VII. Summary and Conclusions 14. Fairness, Equality, Proportionality and Parsimony: Towards a\xa0Comprehensive Jurisprudence of Just Punishment I. The Limited Reach of Retributivism II. The Flowering of Retributive Theory III. Two Cheers for Censure and Other Retributive Theories IV. A Comprehensive Jurisprudence of Just Punishment Index "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"-- Provided by publisher Resumen del ed.: "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"-- 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.Studi in teoria penale ed etica penale: Volume 7 "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."-- Résumé de l'éditeur