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Not Just Deserts : A Republican Theory of Criminal Justice - John Braithwaite

Not Just Deserts

A Republican Theory of Criminal Justice

Paperback Published: 29th October 1992
ISBN: 9780198240563
Number Of Pages: 240

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* A new approach to sentencing Not Just Deserts inaugurates a radical shift in the research agenda of criminology. The authors attack currently fashionable retributivist theories of punishment, arguing that the criminal justice system is so integrated that sentencing policy has to be considered in the system-wide context. They offer a comprehensive theory of criminal justice which draws on a philosophical view of the good and the right, and which points the way to practical intervention in the real world of incremental reform. They put the case for a criminal justice system which maximizes freedom in the old republican sense of the term, and which they call 'dominion'.

Industry Reviews

`The substantial detail of this approach is often interesting, and important: in particular, its attention to wider aspects of the criminal justice system ... their republican theory is a fertil source of new perspectives and new ideas. It should provoke and stimulate anyone who is concerened about criminal justice.' The Philosophical Review, Vol 102, No 3 (July 1993) `Well-written, thought-provoking and tightly argued book ... The authors of this lively book, by redirecting us back to the question of the extent to which the criminal justice system does, in fact, serve a useful purpose, have set an agenda which will undoubtedly provoke much debate.' Roger Hood, Times Literary Supplement 'Ambitious and wide-ranging book ... It would make a stimulating text for use in undergraduate classes.' Mind 'In their impressive book Braithwaite and Pettit present a comprehensive theory of criminal justice that integrates a theory of punishment and sentencing with accounts of police powers, prosecutorial discretion, and other areas in which harmful conduct is dealt with ... an excellent work that combines theoretical sophistication with significant practical proposals.' Australasian Journal of Philosophy `This deep, important book explicating a normative theory of criminal justice ... effectively challenges a current vogue among both scholars and practitioners - the idea of just deserts; and it does a good job of substituting a new approach which the authors call "republican" theory. The authors, a criminologist and a philosopher, combine their considerable expertise to provide a well-reasoned and empirically grounded argument that the promotion of social freedom ought to be the primary goal of the criminal justice system ... What makes this book so compelling is that normative ideas are operationalized in the context of a hard-nosed understanding of both criminal behavior and the working realities of the criminal justice system.' James P. Levine, Law and Politics Book Review `a sophisticated consequentialist justification of punishment' Paul Noordhof, Journal of Applied Philosophy `an excellent book, a very felicitous combination of philosophy and criminology' Wojciech Sadurski, Law and Philosophy 'This deep, important book explicating a normative theory of criminal justice requires careful study; it is not bedtime reading. What makes this book so compelling is that normative ideals are operationalized in the context of a hard-nosed understanding of both criminal behavior and the working realities of the criminal justice system. The greatest tribute I can pay to this book is that it has caused me to rethink my own position on the just deserts idea ... well worth reading.' James P. Levine, City University of New York, The Law and Politics Book Review 'This deep, important book explicating a normative theory of criminal justice requires careful study; it is not bedtime reading. It effectively challenges a current vogue among both scholars and practitioners - the idea of just deserts; and it does a good job of substituting a new approach which the authors call "republican" theory ... Maximizing "dominion" through "decrementalism" is an iconoclastic idea well worth pondering, and this little book that presents the idea every so cogently is therefore well worth reading.' The Law and Politics Book Review 'well written ... well worth reading and free of unnecessary jargon' Michael Levi, Criminal Law Review

Introduction 1: For a comprehensive theory 2: For a consequentialist theory 3: Identifying a comprehensive, consequentialist target 4: The Republican idea 5: Interpreting the Republican theory 6: Implementing the Republican theory 7: Retributivism: An inferior theory 8: Retributivism: An inferior practice 9: Conclusion

ISBN: 9780198240563
ISBN-10: 0198240562
Series: Clarendon Paperbacks
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 240
Published: 29th October 1992
Country of Publication: GB
Dimensions (cm): 21.64 x 13.95  x 1.47
Weight (kg): 0.33

Earn 172 Qantas Points
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