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How does the state, as a public authority, relate to those under
its jurisdiction through the criminal law? Connecting the ways in
which criminal lawyers, legal theorists, public lawyers and
criminologists address questions of the criminal law's legitimacy,
contributors to this collection explore issues such as criminal
law-making and jurisdiction; the political-ethical underpinnings of
legitimate criminal law enforcement; the offence of treason; the
importance of doctrinal guidance in the application of criminal
law; the interface between tort and crime; and the purposes and
mechanisms of state punishment. Overall, the collection aims to
enhance and deepen our understanding of criminal law by conceiving
of the practices of criminal justice as explicitly and distinctly
embedded in the project of liberal self-governance.
Cesare Beccaria’s slim 1764 volume On Crimes and Punishments
influenced policy developments worldwide and over decades, if not
centuries, after its publication. For those who turn to
Beccaria’s work today, the encounter is shaped by that knowledge.
Appreciative of On Crimes and Punishments' dual nature as
historical document and repository of ideas, the contributions in
this collection address different aspects of the criminal justice
theory Beccaria offered his readers and face up to methodological
questions raised by meeting a historical text of this kind –
unsystematic and by modern standards often under-argued – with
modern scholarly conventions in mind. Contributions in the first
part of the book engage with Beccaria’s political theory of
criminal justice through the lenses of political and penal
philosophy, considering how Beccaria’s blending of
social-contractarian foundations and proto-utilitarian policy
analysis interlinks with the concrete set of criminal justice
practices Beccaria presents as justified. This leads on to the
second part where contributors approach Beccaria’s ideas with
present-day reforms and developments in mind. Many of his policy
proposals and arguments remain significant from our contemporary
perspective, their limitations and omissions proving as instructive
for the contemporary scholar as their more prescient elements. The
third part offers those looking at Beccaria’s work today a
glimpse into the practical difficulties facing the firebrand author
turned public servant during his long career in the
Habsburg-Lombardian administration. It puts his work into the
broader context of pathways to criminal justice reform in northern
Italy, Habsburgian Lombardy, and the Austro-Hungarian Empire in
Beccaria’s day.
Justice and Reconciliation in Post-Apartheid South Africa assesses
the transitional processes under way since the early 1990s to
create a stable and just society. Change in South Africa is often
credited to the efforts of the Truth and Reconciliation Commission
(TRC), but the work of this institution forms but a facet of a much
broader picture. This book looks at the steps which accompanied and
followed the TRC's activities, such as land restitution,
institutional reforms and social and cultural initiatives.
Thematically, it interlinks the TRC's concerns over truth and
reconciliation with an analysis of the concepts of justice,
accountability, harm and reconciliation and with competing
perceptions of what these notions entail in the South African
context. Bringing together international and South African scholars
whose work has focused on these themes, the contributions provide a
cohesive and inspiring analysis of South Africa's response to its
unjust past.
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.
How does the state, as a public authority, relate to those under
its jurisdiction through the criminal law? Connecting the ways in
which criminal lawyers, legal theorists, public lawyers and
criminologists address questions of the criminal law's legitimacy,
contributors to this collection explore issues such as criminal
law-making and jurisdiction; the political-ethical underpinnings of
legitimate criminal law enforcement; the offence of treason; the
importance of doctrinal guidance in the application of criminal
law; the interface between tort and crime; and the purposes and
mechanisms of state punishment. Overall, the collection aims to
enhance and deepen our understanding of criminal law by conceiving
of the practices of criminal justice as explicitly and distinctly
embedded in the project of liberal self-governance.
This book celebrates Andreas (Andrew) von Hirsch's pioneering
contributions to liberal criminal theory. He is particularly noted
for reinvigorating desert-based theories of punishment, for his
development of principled normative constraints on the enactment of
criminal laws, and for helping to bridge the gap between
Anglo-American and German criminal law scholarship. Underpinning
his work is a deep commitment to a liberal vision of the state.
This collection brings together a distinguished group of
international authors, who pay tribute to von Hirsch by engaging
with topics on which he himself has focused. The essays range
across sentencing theory, questions of criminalisation, and the
relation between criminal law and the authority of the state.
Together, they articulate and defend the ideal of a liberal
criminal justice system, and present a fitting accolade to Andreas
von Hirsch's scholarly life.
This book celebrates Andreas (Andrew) von Hirsch's pioneering
contributions to liberal criminal theory. He is particularly noted
for reinvigorating desert-based theories of punishment, for his
development of principled normative constraints on the enactment of
criminal laws, and for helping to bridge the gap between
Anglo-American and German criminal law scholarship. Underpinning
his work is a deep commitment to a liberal vision of the state.
This collection brings together a distinguished group of
international authors, who pay tribute to von Hirsch by engaging
with topics on which he himself has focused. The essays range
across sentencing theory, questions of criminalisation, and the
relation between criminal law and the authority of the state.
Together, they articulate and defend the ideal of a liberal
criminal justice system, and present a fitting accolade to Andreas
von Hirsch's scholarly life.
After the transition to democracy in 1994, South Africa reached out
to perpetrators of violence from all conflicting parties by giving
amnesty to those who fully disclosed their politically motivated
crimes. This volume provides the first comprehensive analysis of
South Africa's amnesty scheme in its practical and normative
dimensions. Through empirical analysis of over 1,000 amnesty
decisions made by the Amnesty Committee of the Truth and
Reconciliation Commission, the study measures the scheme against
its stated goals of truth recovery, victim empowerment and
perpetrator accountability. It also explores normative questions
raised by the absence of punishment. Highlighting the distinctive
nature of South Africa's conditional amnesty as an exceptional
'rite of passage' into the new, post-conflict society, it argues
that the amnesty scheme is best viewed as an attempt to construct a
new 'justice script' for a society in transition, in which a legacy
of politically motivated violence is being addressed.
What responsibilities, if any, do we have towards our genetic
offspring, before or after birth and perhaps even before creation,
merely by virtue of the genetic link? What claims, if any, arise
from the mere genetic parental relation? Should society through its
legal arrangements allow 'fatherless' or 'motherless' children to
be born, as the current law on medically assisted reproduction
involving gamete donation in some legal systems does? Does the
possibility of establishing genetic parentage with practical
certainty necessitate reform of current legal regimes of
parenthood? And what limits, if any, should we set on parental
procreative choices in the interests of future children,
particularly with regard to genetic engineering and related
techniques? These are the questions explored in this book by some
of the foremost legal, bioethical and biomedical thinkers.
Assembled with a view to assisting the reader to reflect critically
on the ongoing social experiment which medically assisted
reproduction is today, the essays in this collection highlight what
are - and what else might in the nearby future become - possible
reproductive options and respond to the difficulties we encounter
in assessing these practices and possibilities from our traditional
ethical vantage points. Contributions by: Andrew Bainham, Thomas
Baldwin, Lisa Bortolotti, John Harris, Martin H. Johnson, Judith
Masson, Martin Richards, Alison Shaw, Sally Sheldon, Bonnie
Steinbock and Mary Warnock.
Cesare Beccaria's slim 1764 volume On Crimes and Punishments
influenced policy developments worldwide and over decades, if not
centuries, after its publication. For those who turn to Beccaria's
work today, the encounter is shaped by that knowledge. Appreciative
of On Crimes and Punishments' dual nature as historical document
and repository of ideas, the contributions in this collection
address different aspects of the criminal justice theory Beccaria
offered his readers and face up to methodological questions raised
by meeting a historical text of this kind - unsystematic and by
modern standards often under-argued - with modern scholarly
conventions in mind. Contributions in the first part of the book
engage with Beccaria's political theory of criminal justice through
the lenses of political and penal philosophy, considering how
Beccaria's blending of social-contractarian foundations and
proto-utilitarian policy analysis interlinks with the concrete set
of criminal justice practices Beccaria presents as justified. This
leads on to the second part where contributors approach Beccaria's
ideas with present-day reforms and developments in mind. Many of
his policy proposals and arguments remain significant from our
contemporary perspective, their limitations and omissions proving
as instructive for the contemporary scholar as their more prescient
elements. The third part offers those looking at Beccaria's work
today a glimpse into the practical difficulties facing the
firebrand author turned public servant during his long career in
the Habsburg-Lombardian administration. It puts his work into the
broader context of pathways to criminal justice reform in northern
Italy, Habsburgian Lombardy, and the Austro-Hungarian Empire in
Beccaria's day.
After the transition to democracy in 1994, South Africa reached out
to perpetrators of violence from all conflicting parties by giving
amnesty to those who fully disclosed their politically motivated
crimes. This volume provides the first comprehensive analysis of
South Africa's amnesty scheme in its practical and normative
dimensions. Through empirical analysis of over 1,000 amnesty
decisions made by the Amnesty Committee of the Truth and
Reconciliation Commission, the study measures the scheme against
its stated goals of truth recovery, victim empowerment and
perpetrator accountability. It also explores normative questions
raised by the absence of punishment. Highlighting the distinctive
nature of South Africa's conditional amnesty as an exceptional
'rite of passage' into the new, post-conflict society, it argues
that the amnesty scheme is best viewed as an attempt to construct a
new 'justice script' for a society in transition, in which a legacy
of politically motivated violence is being addressed.
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