By A P Simester, Antje du Bois-Pedain, Ulfrid Neumann
This festschrift celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal legal conception. he's quite famous for reinvigorating desert-based theories of punishment, for his improvement of principled normative constraints at the enactment of legal legislation, and for supporting to bridge the space among Anglo-American and German felony legislations scholarship. Underpinning his paintings is a deep dedication to a liberal imaginative and prescient of the kingdom. This assortment brings jointly a uncommon team of overseas authors who pay tribute to von Hirsch by means of attractive with issues on which he himself has concentrated. The essays diversity throughout sentencing conception, questions of criminalization, and the relation among legal legislation and the authority of the kingdom. jointly, they articulate and guard the suitable of a liberal felony justice process, and so they current a becoming accolade to Andreas von Hirsch's scholarly lifestyles. The contributions are a desirable learn for somebody drawn to felony legislation and felony concept.
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Additional info for Liberal Criminal Theory: Essays for Andreas von Hirsch
The more difficult case is where the argument is that the proportionate sentence should be shortened in order to facilitate more effective treatment. Even if the enhanced effectiveness is supported by robust evidence, it is not clear why this should affect the imposition of a proportionate sentence. The state’s primary duty should be to provide treatment programmes both within custodial institutions and in the community. This is not to endorse long prison sentences, or to suggest that drug addiction should not be capable of operating as a mitigating factor in sentencing.
Those who do not deserve punishment should go free; those who have served their punishments should be released. And if no one is in jail, society could yet be a better place. â•‡Ibid. â•‡ Ibid, 343. 67 â•‡ Ibid, 344. 68 â•‡ Ibid, section IV. 69 â•‡ Ibid, 354–55. 70 â•‡ Ibid, 359–60. 65 66 I. PUNISHMENT AND PREVENTION 1 Punishment Paradigms and the Role of the Preventive State ANDREW ASHWORTH AND LUCIA ZEDNER One of the most widely accepted propositions in political theory is that the state has an obligation to take steps to prevent harm to others.
U Narayan, ‘Appropriate Responses and Preventative Benefits: Justifying Censure and Hard Treatment in Legal Punishment’ (1993) 13 Oxford Journal of Legal Studies 166, 179. 19 â•‡ Von Hirsch, Censure and Sanctions, above n 8. 20 â•‡ J Tasioulas, ‘Punishment and Repentance’ (2006) 81 Philosophy 279, 291. 21 â•‡ See Bottoms, ‘Five Puzzles’, above n 11 at 78, citing A von Hirsch, Past or Future Crimes: Deservedness and Dangerousness in the Sentencing of Criminals (Manchester, Manchester University Press, 1986) 59.