Popular Punishment
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Popular Punishment: On the Normative Significance of Public Opinion(Studies in Penal Theory and Philosophy)

Popular Punishment: On the Normative Significance of Public Opinion(Studies in Penal Theory and Philosophy)


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About the Book

Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosphers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restoratifve justice programs, and other means.

Table of Contents:
ContributorsIntroduction: Exploring the Normative Significance of Public Opinion for State Punishment, Jesper Ryberg and Julian V. RobertsChapter 1: Penal Theory, Moral Intuitions, and Public Opinion, Jesper RybergChapter 2: Proportionality Theory and Popular Opinion, Matt MatraversChapter 3: The Proper Role of Community in Determining Criminal Liability and Punishment, Paul H. RobinsonChapter 4: Proportionality in Sentencing: The Need to Factor in Community Experience, Not Public Opinion, Mirko BagaricChapter 5: Penal Theory and Popular Opinion: The Deficiencies of Direct Engagement, Jan W. de KeijserChapter 6: Why Should We Care What the Public Thinks? A Critical Assessment of the Claims of Popular Punishment, Frej K. ThomsenChapter 7: Public Opinion and Democratic Control of Sentencing Policy, Christopher BennettChapter 8: Criminal Prosecutors: Experts or Elected Officials?, Richard L. LippkeChapter 9: Stakeholder Sentencing, Thom BrooksChapter 10: Repellent Institutions and the Absentee Public: Grounding Opinion in Responsibility for Punishment, Albert W. DzurChapter 11: Clarifying the Significance of Public Opinion for Sentencing Policy and Practice, Julian V. RobertsNotesBibliographyIndex

About the Author :
Jesper Ryberg is Professor of Ethics and Philosophy of Law at Roskilde University, Denmark. Julian V. Roberts is Professor of Criminology at the University of Oxford.

Review :
This volume is a great read for academics of all stripes who are interested in criminal justice issues. The diversity of perspectives offered by the authors allows it to serve as a handy reference for those new to the debate, and the quality of the scholarship should not disappoint those who have previously encountered the work of one or more of the authors.


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Product Details
  • ISBN-13: 9780199941377
  • Publisher: Oxford University Press Inc
  • Publisher Imprint: Oxford University Press Inc
  • Height: 175 mm
  • No of Pages: 272274
  • Spine Width: 25 mm
  • Weight: 612 gr
  • ISBN-10: 0199941378
  • Publisher Date: 26 Jun 2014
  • Binding: Hardback
  • Language: English
  • Series Title: Studies in Penal Theory and Philosophy
  • Sub Title: On the Normative Significance of Public Opinion
  • Width: 239 mm


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