Overview

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.

Full Product Details

Author:   Antje du Bois-Pedain (University of Cambridge, UK) ,  Anthony E Bottoms (University of Cambridge, UK)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.463kg
ISBN:  

9781509945672

ISBN 10:   1509945679
Pages:   328
Publication Date:   19 November 2020
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

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 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 PART III 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

Reviews

Indirectly but firmly, the articles in this collection are, in fact, a challenging tribute to the extensive work of von Hirsch... These fourteen articles, especially through the volume’s extensive footnoting and helpful indexing, also offer a comprehensive guide to, and impression of, the relevant literature and topics that have shaped the interaction of censure and desert over the past fifty years. And, lastly, these articles consistently offer suggestions for those un- or inadequately-addressed but relevant matters that await future treatment. -- Russ Immarigeon * Criminal Law and Criminal Justice Books *

Indirectly but firmly, the articles in this collection are, in fact, a challenging tribute to the extensive work of von Hirsch... These fourteen articles, especially through the volume's extensive footnoting and helpful indexing, also offer a comprehensive guide to, and impression of, the relevant literature and topics that have shaped the interaction of censure and desert over the past fifty years. And, lastly, these articles consistently offer suggestions for those un- or inadequately-addressed but relevant matters that await future treatment. -- Russ Immarigeon * Criminal Law and Criminal Justice Books *

Author Information

Antje du Bois-Pedain is Reader in Criminal Law and Philosophy at the University of Cambridge, and Fellow of Magdalene College, Cambridge. Anthony E Bottoms is Emeritus Professor at the Institute of Criminology at the University of Cambridge and Life Fellow of Fitzwilliam College, Cambridge.

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