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Confronting Penal Excess - Retribution and the Politics of Penal Minimalism (Paperback)
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Confronting Penal Excess - Retribution and the Politics of Penal Minimalism (Paperback)
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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 those
jurisdictions. It sets out three key arguments. First, that
increasingly excessive conditions in England and Wales over the
last three decades represent a failure of retributive theory.
Second, that the penal minimalist cause cannot do without
retributive proportionality, at least in comparison to the limiting
principles espoused by rehabilitation, restorative justice and
penal abolitionism. Third, that another retributivism is therefore
necessary if we are to confront penal excess. The monograph offers
a sketch of this new approach, 'late retributivism', as both a
theory of punishment and of minimalist political action, within a
democratic society. Centrally, criminal punishment is approached as
both a political act and a policy choice. Consequently, penal
theorists must take account of contemporary political contexts in
designing and advocating for their theories. Although this inquiry
focuses primarily on England and Wales, its models of retributivism
and of academic contribution to democratic penal policy-making are
relevant to other jurisdictions, too.
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