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Criminal Sentencing in Bangladesh: From Colonial Legacies to Modernity

Criminal Sentencing in Bangladesh: From Colonial Legacies to Modernity

Name: Criminal Sentencing in Bangladesh: From Colonial Legacies to Modernity
Brand: Brill Academic Publishers
SKU: 9789004331358
Price: 2673.30 HKD
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Author: Muhammad Mahbubur Rahman
ISBN: 9789004331358

By Muhammad Mahbubur Rahman

Brill Academic Publishers April 2017

Specifications

ISBN-13: 9789004331358
Publisher: Brill Academic Publishers
Publication: April 2017
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

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In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country’s sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution.

The author forcefully argues that the conception of ‘sentencing policies’ cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.

Acknowledgements

Foreword: Criminal Sentencing in an Age of Chaos

Professor Werner Menski

List of Abbreviations

1. Introduction

Problems of Sentencing Scholarship Today

Analytical and Methodological Framework of the Book

Structure of the Book

2. Troublesome Issues in Sentencing: Balance in Constantly Changing Contexts

State Power to Criminalise and Punish

Extent of the Criminalisation Power

Nature of the Power to Punish

Criminalisation and Punishment by Non-state Actors vis-à-vis the State

Justification of Punishment

Deterrence Theory

Incapacitation Theory

Rehabilitation Theory

Retributive Theory

Limitations of Traditional Theories

Quantum of Punishment

Proportionality in Sentencing

Consistent v. Individualised Sentencing

Legal Factors of Sentencing

Forms of Punishment

Death Penalty

Imprisonment

Non-custodial Punishments

3. Colonial Transformation of Sentencing Policies of Bangladesh: A Historical Account

Pre-colonial Period: Operation of Hindu Law

Pre-colonial Period: Operation of Muslim Law

Colonial Onslaught during the British Raj

Pakistani Period: Colonial Legacy Continues

4. Sentencing Policies of Bangladesh: The Locus of State Authority

A Narrative of Political and Legislative Developments

The Era of Bangabandhu Sheikh Mujibur Rahman

Military and Quasi-military Rule

Democratic Rule since 1991

State Power to Criminalise and Punish in Bangladesh: Towards a Critical Analysis

The State’s Power to Criminalise

The State’s Power to Punish

Criminalisation and Punishment by Non-state Actors

5. Sentencing Policies in Bangladesh: The Legal Framework

Justification of Punishment in Bangladesh

Quantum of Punishment in Bangladesh

The Death Penalty in Bangladesh

Other Forms of Punishment in Bangladesh

6. Sentencing Calculus in Bangladesh: A Case Study

7. Conclusion

Appendix: List of cases studied for the purpose of chapters 5 and 6

Bibliography

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Criminal Sentencing in Bangladesh: From Colonial Legacies to Modernity

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Table of Contents

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