Overview

This new edition of Principled Sentencing offers students of law, legal philosophy, criminology and criminal justice an excellent selection of the best available readings on the moral and philosophical issues in sentencing theory. The structure of the book remains the same as in the first edition, though importantly there are now new chapters dealing with restorative justice, 'law and order', and postmodern approaches. These new chapters reflect the significant number of theoretical advances made since the first edition was published in 1992, as well as the growing interest in critical perspectives. As before, each chapter begins with an introduction by one of the editors and ends with a bibliography of suggested further readings. The main body of each chapter consists of a selection of readings, some very up-to-date, others more timeless, but each in its way seminal. All the chapters have been revised and the editorial introductions brought up-to-date.

Full Product Details

Author:   Andrew von Hirsch ,  Andrew Ashworth, QC
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Edition:   2nd Revised edition
Dimensions:   Width: 15.60cm , Height: 3.50cm , Length: 23.40cm
Weight:   0.850kg
ISBN:  

9781901362121

ISBN 10:   1901362124
Pages:   448
Publication Date:   01 June 1998
Audience:   College/higher education ,  Undergraduate ,  Postgraduate, Research & Scholarly
Replaced By:   9781841137179
Format:   Hardback
Publisher's Status:   Out of Print
Availability:   Out of stock  

Table of Contents

"Part 1 Rehabilitation: the model penal code; how effective are penal treatments; the decline of the rehabilitative ideal; reaffirming rehabilitation; should penal rehabilitationism be revived?; a new form of rehabilitation. Part 2 Deterrence: punishment and deterrence; optimal sanctions - any upper limits?; deterrence research and deterrence policies; deterrence theory - its moral problems. Part 3 Incapacitation: sentencing on the basis of risk - the model sentencing act; the problem of false positives; incapacitation, dangerousness and forfeiture of rights; incapacitation and ""vivid danger""; incapacitation; selective incapacitation - some doubts; selective incapacitation - the debate over its ethics. Part Desert: the moral worth of retribution; desert - some doubts; desert and penance; proportionate sentences - a desert perspective; desert as a limiting principle; seriousness, severity and the living standard; desert and previous convictions; parsimony and desert in sentencing; mitigation for socially deprived offenders. Part 5 Structuring sentencing discretion: lawlessness in sentencing; four techniques for reducing sentence disparity; the Swedish sentencing law. Part 6 Community punishments: ""alternatives"" to incarceration - substitutes or supplements?; the unit fine - monetary sanctions apportioned to income; intensive supervision probation - how and for whom?; non-custodial penalties and the principle of proportionality; interchangeability, desert limits and equivalence of function. Part 7 Restorative justice: conflicts as property; republicanism in sentencing - recognition, recompense and reassurance; desert and three Rs; reparation and retribution - are they reconcilable?; reparation, retribution and rights. Part 8 External critiques of sentencing theory: the limits of legal ideology; sociological perspectives on punishment; punishment and community. Part 9 ""Law and order""."

Reviews

The book should prove popular with undergraduate students of sentencing philosophy and policy. --British Journal of Criminology September 2002 The best available collection of readings on the moral and philosophical issues in sentencing theory. Anyone who is interested in carrying the debate beyond its traditional limits will want to own this volume. --Criminal Law Forum September 2002

"""The book should prove popular with undergraduate students of sentencing philosophy and policy."" --British Journal of Criminology September 2002 ""The best available collection of readings on the moral and philosophical issues in sentencing theory. Anyone who is interested in carrying the debate beyond its traditional limits will want to own this volume."" --Criminal Law Forum September 2002"

Author Information

Andrew von Hirsch is Honorary Professor of Penal Theory and Penal Law and Honorary Fellow of Wolfson College at the University of Cambridge. Andrew Ashworth is the Vinerian Professor of English Law at All Souls College, Oxford.

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