Sentencing policy and social justice / Ralph Henham.
2018
KD8406 .H456 2018 (Map It)
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Details
Title
Sentencing policy and social justice / Ralph Henham.
Published
Oxford : Oxford University Press, 2018.
Call Number
KD8406 .H456 2018
Edition
First edition.
ISBN
9780198718895 (hardback)
0198718896 (hardback)
0198718896 (hardback)
Description
xi, 308 pages ; 23 cm.
System Control No.
(OCoLC)1013826379
Summary
Sentencing policy and social justice' argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'.
Note
Sentencing policy and social justice' argues that the promotion of social justice should become a key objective of sentencing policy, advancing the argument that the legitimacy of sentencing ultimately depends upon the strength of the relationship between social morality and penal ideology. It sheds light on how shared moral values can influence sentencing policy at a time when relationships of community appear increasingly fragmented, arguing that sentencing will be better placed to make a positive contribution to social justice if it becomes more sensitive to the commonly-accepted moral boundaries that underpin adherence to the 'rule of law'.
Bibliography, etc. Note
Includes bibliographical references (pages 265-293) and index.
Record Appears in
Note
AUTH: NOTTINGHAM TRENT UNIVERSITY.
Table of Contents
Introduction
1
Rationale and Scope
1
Summary of the Argument
5
Structure of the Book
17
1.
Sentencing Policy and Changing Notions of Social Justice
23
Introduction
23
Punishment and the Relationship between Citizen and State
26
Justice and Social Context
28
Social Reality of Sentencing Policy and Social Justice
29
Relationship between Rights, Norms, and Ethics
37
State's Duty to Promote Social Justice through Sentencing
39
Politics of Sentencing and the Relevance of Social Values
41
Social Justice and the Sentencing of Irregular Migrants
47
2.
Sentencing Policy as a Force for Social Cohesion
56
Introduction
56
Conceptualizing Sentencing as a Normative Function
58
Problems of Relating Social Values to Sentencing
62
Sentencing Policy in a Fragmented Society
67
Lessons from the English Riots of 2011
71
3.
Relevance of Globalization and Notions of Transition
85
Introduction
85
Impact of Globalization on Sentencing Policy
86
Problems of Comparison and Policy Transfer in Sentencing
89
Recognizing the Relativity of Value
94
Sentencing and the Notion of Transition
96
Social Values and the Sentencing of Financial Crime
100
4.
Engaging Sensibilities and the Common Good
112
Introduction
112
Sentencing as Therapy
113
Public Perceptions of Sentencing
121
Sentencing Policy and the Common Good
122
Conclusion and Implications
136
5.
Bridging the Gap between Political and Penal Legitimacy
140
Introduction
140
Legitimacy of Sentencing and the Political Economy
142
Achieving Greater Recognition for Social Justice in Sentencing
156
Communitarian Values and the Politics of Sentencing
159
Social Justice and the Sentencing of Women
162
6.
Establishing New Foundations and Structures for Governance
175
Introduction
175
Recasting the Moral Values that Inform Penal Ideology
176
Implications for Sentencing Research
178
Impact on Criminal Justice Governance
180
Problems of Moving from Theory to Practice
181
Role of Judicial Discretion
185
Prioritizing Substantive Justice
191
Countering the Secularization of Justice Delivery
194
7.
Some Practical Implications for Policy and Practice
199
Introduction
199
Strategies for Achieving Practical Reform
200
Reflecting Social Value
207
Publicly Justifiable Framework of Penal Objectives
208
Developing a Workable Test of Social Value
223
Developing an Integrated Sentencing Framework
229
8.
Conclusion
236
Case for Change
236
Implications for Sentencing Policy
243
Enhancing the Moral Credibility of Sentencing
249
Promoting Social Justice as a Realistic Objective
251
Strategies for Developing Judicial Discretionary Power
253
Restoring Public Confidence and Trust in Discretionary Justice
260
Concluding Comments
263
References
265
Index
295