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Vol 24 No 12 Dec 19/Jan 20

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Penal Censure: Engagements Within and Beyond Desert Theory

Edited by: Antje du Bois-Pedain, Anthony E. Bottoms

ISBN13: 9781509919789
Published: May 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00

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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.

Criminal Law
Antje du Bois-Pedain and Anthony E Bottoms
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
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
Andreas von Hirsch
6 Deserved Censure, Hard Treatment and Penal Restraint
Andrew Ashworth
7 Penal Censure, Repentance and Desistance
Anthony E Bottoms
8 The Evolution of Retributive Punishment: From Static Desert to Responsive Penal Censure
Julian V Roberts and Netanel Dagan
9 Dealing with Potential Terrorists Within a Censure-Based Model of Sentencing
Alessandro Corda
Censure, Desert and the Jurisprudence of Punishment
10 Rootless Desert and Unanchored Censure
Matt Matravers
11 The Role of Victims’ Rights in Punishment Theory
Tatjana Hörnle
12 Penal Desert and the Passage of Time
Antje du Bois-Pedain
13 Censure, Dialogue and Reconciliation
Rob Canton
14 Fairness, Equality, Proportionality, and Parsimony: Towards a Comprehensive Jurisprudence of Just Punishment
Michael Tonry

Series: Studies in Penal Theory and Penal Ethics

Criminal Law and the Authority of the State ISBN 9781509932139
Published September 2019
Hart Publishing
£58.50 + £11.70 VAT
Criminal Law and the Authority of the State ISBN 9781509905133
Published May 2017
Hart Publishing
Criminal Law and the Authority of the State (eBook) ISBN 9781509905140
Published May 2017
Hart Publishing
£31.50 + £6.30 VAT
£19.78 + £3.96 VAT
Incivilities: Regulating Offensive Behaviour ISBN 9781841134994
Published October 2006
Hart Publishing
Restorative Justice and Criminal Justice
ISBN 9781841132730
Published January 2003
Hart Publishing