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Books > Law > Laws of other jurisdictions & general law > Criminal law
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Criminal Sentencing as Practical Wisdom (Hardcover)
Loot Price: R3,954
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Criminal Sentencing as Practical Wisdom (Hardcover)
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How do judges sentence? In particular, how important is judicial
discretion in sentencing? Sentencing guidelines are often said to
promote consistency, but is consistency in sentencing achievable or
even desirable? Whilst the passing of a sentence is arguably the
most public stage of the criminal justice process, there have been
few attempts to examine judicial perceptions of, and attitudes
towards, the sentencing process. Through interviews with Scottish
judges and by presenting a comprehensive review and analysis of
recent scholarship on sentencing - including a comparative study of
UK, Irish and Commonwealth sentencing jurisprudence - this book
explores these issues to present a systematic theory of sentencing.
Through an integration of the concept of equity as particularised
justice, the Aristotelian concept of phronesis (or 'practical
wisdom'), the concept of value pluralism, and the focus of
appellate courts throughout the Commonwealth on sentencing by way
of 'instinctive synthesis', it is argued that judicial sentencing
methodology is best viewed in terms of a phronetic synthesis of the
relevant facts and circumstances of the particular case. The author
concludes that sentencing is best conceptualised as a form of
case-orientated, concrete and intuitive decision making; one that
seeks individualisation through judicial recognition of the
profoundly contextualised nature of the process.
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