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Criminal Punishment and Human Rights - Convenient Morality (Paperback)
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Criminal Punishment and Human Rights - Convenient Morality (Paperback)
Series: Routledge Research in Human Rights Law
Expected to ship within 12 - 17 working days
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This book examines the relationship between international human
rights discourse and the justifi cations for criminal punishment.
Using interdisciplinary discourse analysis, it exposes certain
paradoxes that underpin the 'International Bill of Human Rights',
academic commentaries on human rights law, and the global human
rights monitoring regime in relation to the aims of punishment in
domestic penal systems. It argues that human rights discourse,
owing to its theoretical kinship with Kantian philosophy, embodies
a paradoxical commitment to human dignity on the one hand, and
retributive punishment on the other. Further, it sustains the split
between criminal justice and social justice, which results in a
sociologically ill-informed understanding of punishment. Human
rights discourse plays a paradoxical role vis-a-vis the punitive
power of the state as it seeks to counter criminalisation in some
areas and backs the introduction of new criminal offences - and
longer prison sentences - in others. The underlying priorities, it
is argued, have been shaped by a number of historical
circumstances. Drawing on archival material, the study demonstrates
that the international penal discourse produced during the late
nineteenth and early twentieth century laid greater emphasis on
offender rehabilitation and was more attentive to the social
context of crime than is the case with the modern human rights
discourse.
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