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Books > Humanities > Philosophy > Topics in philosophy > Ethics & moral philosophy
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The Practice of Punishment - Towards a Theory of Restorative Justice (Paperback)
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The Practice of Punishment - Towards a Theory of Restorative Justice (Paperback)
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This study focuses on the practice of punishment, as it is
inflicted by the state. The author's first-hand experience with
penal reform, combined with philosophical reflection, has led him
to develop a theory of punishment that identifies the principles of
sentencing and corrections on which modern correctional systems
should be built. This new theory of punishment is built on the view
that the central function of the law is to reduce the need to use
force in the resolution of disputes. Professor Cragg argues that
the proper role of sentencing and sentence administration is to
sustain public confidence in the capacity of the law to fulfil that
function. Sentencing and corrections should therefore be guided by
principles of restorative justice. He points out that, although
punishment may be an inevitable concomitant of law enforcement in
general and sentencing in particular, inflicting punishment is not
a legitimate objective of criminal justice. The strength and appeal
of this account is that it moves well beyond the boundaries of
conventional discussions. It examines punishment within the
framework of policing and adjudication, analyses the relationship
between punishment and sentencing, and provides a basis for
evaluating correctional practices and such developments as
electronic monitoring.
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