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.
Andrew von Hirsch addresses a number of emerging conceptual questions concerning the proportionality of criminal sentences, an approach that is gaining influence worldwide including in England where the Criminal Justice...
Criminal justice is examined here as a powerful but contested system of state sanctification and enforcement of dominant social censures. The contributors explore the political and ideological composition of criminal...
This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents.
Whilst the emphasis here is on theoretical justification, the monograph also offers analysis of how normative conclusions would play out in the broader context of sentencing decisions and the guidance intended to structure them.
Punishment involves penal censure of a person for an offence: it 'conveys to the actor a certain critical normative message concerning his conduct,' namely, authoritative disapproval for the wrongful act he has done.4 Part of that ...
This edited collection focuses on the sociology of 'social censure' – the sociological term advocated by Colin Sumner in his seminal writing of the 1980s and 1990s.
In collaboration with Ashworth, he writes: [P]unishment, we believe, should be conceptualized as an expression of censure. Penal censure has important moral functions that are not reducible to crime prevention. A response to criminal ...
This monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal State in ...
This book approaches penal reform from an international perspective and offers a fresh and diverse approach within an established field.
Censure, on our analysis, is a way of addressing offenders and potential offenders as agents capable of moral ... and should, convey disapprobation of criminal conduct; and a system of penal sanctions, when institutionalized, ...