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The Insitute of Criminology at the University of Cambridge recently
undertook,at the behest of the Home Office, a comprehensive study
of the literature on criminal deterrence, concentrating on recent
research. The result, published in this book, examines the popular
claim that 'deterrence works'. That it works in general terms is
beyond dispute, but the claim most favoured by law-makers is
narrower: that tougher sentences have a direct impact on criminal
behaviour, limiting the number and severity of offences committed.
This study seeks to discover the truth of that claim. Deterrence as
a penal aim, is a broad subject, hence the authors of this work
decided to look at two elements of recent research. First they
looked at studies which examine the marginal deterrent effects of
changing the certainty of punishment, that is, of altering the
likelihood of an offender's being apprehended and convicted for a
crime. Secondly they looked at studies of the marginal deterrent
effects of altering the severity of punishment through changes in
sentencing policy. It is their evaluation and analysis of the
latter which is the principal focus of the work, and which will
make the book essential reading for all those interested in
sentencing and penal policy.
This book proposes an explicit recognition of criminology as a
moral science: a philosophically textured appreciation of the
presence and role of values in people’s reasoning and motivation,
set within an empirically rigorous social-scientific account. This
endeavour requires input from both criminologists and philosophers,
and careful dialogue between them. Criminology as a Moral Science
provides such a dialogue, not least about the so-called
‘fact-value distinction’, but also about substantive topics
such as guilt and shame. The book also provides
philosophically-informed accounts of morality in practice in
several criminological contexts: these include whistleblowing
practices within a police service; the dilemmas of mothers about
who and what to tell about a partner’s imprisonment; and how
persistent offenders begin to try to ‘turn their lives around’
to desist from crime. The issues raised go to the heart of some
currently pressing topics within criminology, notably the
development of ‘evidence-based practice’, which requires some
kind of stable bridge to be built between research evidence
(‘facts’) and proposals for policy (‘evaluative
recommendations’).
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.
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.
Restorative Justice has emerged around the world as a potent
challenge to traditional models of criminal justice, and
restorative programmes, policies and legislative reforms are being
implemented in many western nations. However, the underlying aims,
values and limits of this new paradigm remain somewhat uncertain
and those advocating Restorative Justice have rarely engaged in
systematic debate with those defending more traditional conceptions
of criminal justice. This volume, containing contributions from
scholars of international renown, provides an analytic exploration
of Restorative Justice and its potential advantages and
disadvantages. Chapters of the book examine the aims and limiting
principles that should govern Restorative Justice, its appropriate
scope of application, its social and legal contexts, its practice
and impact in a number of jurisdictions and its relation to more
traditional criminal-justice conceptions. These questions are
addressed by twenty distinguished criminologists and legal scholars
in papers which make up this volume. These contributions will help
clarify the aims that Restorative Justice might reasonably hope to
achieve, the limits that should apply in pursuing these aims, and
how restorative strategies might comport with, or replace, other
penal strategies. Contributors: Andrew Ashworth, Anthony E Bottoms,
John Braithwaite, Kathleen Daly, James Dignan, R A Duff, Carolyn
Hoyle, Barbara Hudson, Leena Kurki, Allison Morris, Kent Roach,
Julian V Roberts, Paul Roberts, Mara Schiff, Joanna Shapland,
Clifford Shearing, Daniel van Ness, Andrew von Hirsch, Lode
Walgrave, Richard Young. 'Discussions of restorative justice as a
complement to or alternate to criminal or retributive justice
remain in their infancy, yet this collection assures that this
critically important discussion moves forward. These
thought-provoking essays on a timely topic need to be read by
people in the punishment business. Summing up: Highly recommended.'
MA Foley, Marywood University, December 2003. 'This book is
essential reading for anybody interested in the development of
restorative justice and the future of criminal justice. Each
contribution is significant and well written.' Gerry Johnstone, in
the Howard Journal of Criminal Justice, February 2004 'One of the
strengths of this collection is the way it places restorative
justice developments in context. In this publication, and the
earlier 'Restorative Justice for Juveniles: Conferencing, Mediation
and Circles', Hart Publishing establishes a reputation for
publishing some of the best, and most thoughtful, material on
restorative justice.' Declan Roche, in the British Journal of
Sociology, January 2004
Restorative Justice has emerged around the world as a potent
challenge to traditional models of criminal justice,and restorative
programmes, policies and legislative reforms are being implemented
in many western nations. However, the underlying aims, values and
limits of this new paradigm remain somewhat uncertain and those
advocating Restorative Justice have rarely engaged in systematic
debate with those defending more traditional conceptions of
criminal justice. This volume, containing contributions from
scholars of international renown, provides an analytic exploration
of Restorative Justice and its potential advantages and
disadvantages. Chapters of the book examine the aims and limiting
principles that should govern Restorative Justice, its appropriate
scope of application, its social and legal contexts, its practice
and impact in a number of jurisdictions and its relation to more
traditional criminal-justice conceptions. These questions are
addressed by twenty distinguished criminologists and legal scholars
in papers which make up this volume. These contributions will help
clarify the aims that Restorative Justice might reasonably hope to
achieve, the limits that should apply in pursuing these aims, and
how restorative strategies might comport with, or replace, other
penal strategies. Contributors: Andrew Ashworth, Anthony E Bottoms,
John Braithwaite, Kathleen Daly, James Dignan, R A Duff, Carolyn
Hoyle, Barbara Hudson, Leena Kurki, Allison Morris, Kent Roach,
Julian V Roberts, Paul Roberts, Mara Schiff, Joanna Shapland,
Clifford Shearing, Daniel van Ness, Andrew von Hirsch, Lode
Walgrave, Richard Young.
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