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Penal Censure: Engagements Within and Beyond Desert Theory

Penal Censure: Engagements Within and Beyond Desert Theory

Author: Antje du Bois-Pedain; Anthony E. Bottoms
Publisher: Hart Publishing
ISBN: 9781509945672

Published In: November 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509919789

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Description
Contents

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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.

Introduction

Antje du Bois-Pedain and Anthony E Bottoms

PART I. CENSURE: MAPPING THE CONCEPTUAL TERRITORY

1. The Architecture of Censure

John Kleinig

2. Censure, Sanction and the Moral Psychology of Resentment and Punitiveness

Jonathan Jacobs

3. Reflective Censure: Punishment and Human Development

Liat Levanon

4. How Should We Argue for a Censure Theory of Punishment?

Christopher Bennett

PART II. CENSURE AND JUST DESERTS REVISITED: ISSUES FOR DESERT THEORY