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The practice of punishment : towards a theory of restorative justice / Wesley Cragg.

By: Material type: TextTextSeries: Readings in applied ethicsPublisher: London ; New York : Routledge, 2016Copyright date: ©1992Description: x, 258 pages ; 23 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 041504149X
  • 9780415041492
  • 1138995207
  • 9781138995208
Subject(s): DDC classification:
  • 364.68 23
LOC classification:
  • K5103 .C73 1992
Contents:
An Introduction -- 1. Punishment as Retribution -- 2.The Point of Punishment: Forward-Looking Accounts -- 3. Two Hybrid Theories -- H.L.A. Hart's compromise solution -- Teleological retributivism -- 4. The Function of Law and the Nature Of Legal Obligation -- 5. The Enforcement of Law -- The function of enforcement -- The practical dimensions of enforcement: policing and adjudication -- Enforcement, reform, and the concept of diversion -- 6. Towards a Theory of Sentencing: Responsibility, Guilt and the Idea of a Criminal Offence -- The nature of the task -- The principle of responsibility and the concept of guilt. -- Weighing the seriousness of offences -- 7. Sentencing and the Idea of Restorative Justice -- Two preliminary sentencing options -- Sentencing as conflict resolution -- Practical implications -- 8. Towards a Philosophy of Punishment.
Summary: "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."--Publisher's website.
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Paperback reprint. Originally published 1992.

Series statement from jacket.

Includes bibliographical references and index.

An Introduction -- 1. Punishment as Retribution -- 2.The Point of Punishment: Forward-Looking Accounts -- 3. Two Hybrid Theories -- H.L.A. Hart's compromise solution -- Teleological retributivism -- 4. The Function of Law and the Nature Of Legal Obligation -- 5. The Enforcement of Law -- The function of enforcement -- The practical dimensions of enforcement: policing and adjudication -- Enforcement, reform, and the concept of diversion -- 6. Towards a Theory of Sentencing: Responsibility, Guilt and the Idea of a Criminal Offence -- The nature of the task -- The principle of responsibility and the concept of guilt. -- Weighing the seriousness of offences -- 7. Sentencing and the Idea of Restorative Justice -- Two preliminary sentencing options -- Sentencing as conflict resolution -- Practical implications -- 8. Towards a Philosophy of Punishment.

"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."--Publisher's website.

Machine converted from AACR2 source record.

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