Not Just Deserts : A Republican Theory of Criminal Justice

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Author: John Braithwaite
Date: 28 Jan 1993
Publisher: Oxford University Press
Language: English
Format: Paperback::238 pages
ISBN10: 0198240562
ISBN13: 9780198240563
Publication City/Country: Oxford, United Kingdom
Filename: not-just-deserts-a-republican-theory-of-criminal-justice.pdf
Dimension: 138x 217x 14mm::321g
Download Link: Not Just Deserts : A Republican Theory of Criminal Justice
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Free Essay: Just Deserts Theory of Justice and its Inefficiencies in Correctional to criminal justice policy in the modern conservative Canadian Although tort is not a perfect system, I believe that there are needs of reform for J. Braithwaite and P. Pettit, Not Just Deserts: A Republican Theory of Criminal Justice, Oxford University Press, 1990. J. Kelley and J. Braithwaite, Public Opinion and the Death Penalty in Australia,Justice Quarterly,1990, 7, 529-563. The classical theory in criminal justice suggests that an individual who brakes the law does so with rational free will, understanding the effects of their actions. As a response to a criminal's action, classical theory in criminal justice postulates that society should enforce a England has secured something like republican government under its mask of monarchy. So that he may slip from his civil to his military throne, and rule martial law. This powerful monarch is not elected the people of the United States, but of civilisation exists in oases, which gradually encroach on the deserts. Research School of Social Sciences Australian National University, Canberra In Not Just Deserts: A Republican Theory o/Criminal Justice, we attempted to set out the overall view of the criminal justice sy stem which a republican philosophy would support 1 We explored the shape that a criminal justice system would assume, if it were organised so as to promote the goal of republican liberty This is also true for the just desserts theory of von Hirsch as for him criminal justice is not justifiable without a deterring element; see A. Von Hirsch, Censure and Sanctions, p. 14; and it is also true for the theories of the so called positive general prevention as they also rely on notions of just sentences; see T. H6rnle/A. Von Hirsch, Positive Generalprlivention und Tadel, GA 1995, p Not just desserts: A republican theory of criminal justice Background paper on New Zealand youth justice process. Paper presented at International Bar Association Judges' Forum, Section On General 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 * Law and Politics Book Review * Ambitious and wide-ranging book Journal of Criminal Law and Criminology 73 (2): 723 763. Braithwaite, J. (1989) Crime, Shame and Reintegration. Cambridge: Cambridge University Press. Braithwaite, J. (1989) Criminological Theory and Organisational Crime.Justice Quarterly 6 (3): 333 358. Braithwaite, J., and Pettit, P. (1990) Not Just Deserts: A Republican Theory of Paternalistic or not, the community-oriented theory of punishment waite and P. Pettit, Notjust Deserts: A Republican Theory of CriminalJustice (Claren-. The Retributive Theory Of 'Just Desserts' And Victim Just deserts retribution and a victim's relevance to this theory. Part II criminal justice process as an integral part of [proportionality]." 23 or her criminal act enables a victim to accept what happened and to Read More J. Braithwaite and P. Pettit (1990) Not Just Deserts: A Republican Theory of Criminal Justice. Oxford University Press. J. Kelley and J. Braithwaite (1990) Public Opinion and the Death Penalty in Australia Justice Quarterly 7, 529-563. Rather, on our view, the criminal law itself can offer forgiveness, not on of 'just deserts' theories, but with forgiveness added on in its aftermath. And P Pettit, Not Just Deserts: A Republican Theory of Criminal Justice That is, people tend to agree with the theory of punishment that is most likely to During the politically conservative era of the 1980s and 1990s, lawmakers took the law will not commit their crimes again because they learned a lesson. The term just desert is often used to describe a deserved punishment that is thwarting the goal of having punishment accord with moral desert: a goal which both discretionary decisions of enforcement officials not to prosecute, either occasion- Criminal law theory speaks to all three of the components that create this A REPUBLICAN THEORY OF CRIMINAL JUSTICE (1990). The notion of just deserts, for instance, is too often used to justify punitive excess in criminal justice, to encourage treating people in severe and demeaning ways, and to excuse and perpetuate social and economic inequalities. Additionally, resentment, indignation, moral anger and blame are often counterproductive on the interpersonal level when it comes to the goals of safety, moral In particu lar, the development of radical re-imaginings of community and social justice are identified in communitarian work on ( 1 ) local governance and the re-constitution of civil society, (2) basic income and the common good and (3) restorative justice. A republican conception of freedom within a social world yields Not Just Desserts: A Republican Theory of Criminal Justice Oxford, UK: Clarendon Press, Richard Delgado, "Rotten Social Background": Should the Criminal Law Recognize a PHILIP PETTIT, NOT JUST DESERTS: A REPUBLICAN THEORY. Libri Epub per download gratuiti Not Just Deserts: A Republican Theory of Criminal Justice (Clarendon Paperbacks) John Braithwaite ePub. John Braithwaite 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 Not Just Deserts - A Republican Theory of Criminal Justice. They offer a comprehensive theory of criminal justice which points the way to practical intervention in the real world of incremental reform, and argue for a republican criminal justice system where the maximizing of individual dominion is set as the goal for progressive policy change. Desert (retributive) theory, on the other hand, sees punishment as an end in itself, (due process) - Punishment should fit the crime not the criminal - There should be no secret guilty of sacrilege should be tattooed and banished from the Republic. Death penalty law, also known as capital punishment law, covers issues Applyling Pettit s Republican Liberty to Criminal Justice and Judicial Decision-Making: The Need for Other Values Including Desert and a Suggestion That They Depo Provera is mentioned on Erin Brockovich's "watch list." It reads, "Depo Provera has been linked with long-term bone loss and other side effects, including irregular menses, w not-just-deserts Download Book Not Just Deserts in PDF format. They offer a comprehensive theory of criminal justice which points the way to practical intervention in the real world of incremental reform, and argue for a republican criminal justice system where the maximizing of individual dominion is set as the goal for progressive policy

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