Fundamentals of Sentencing Theory: Essays in Honour of Andrew Von Hirsch

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Andrew Ashworth, Martin Wasik
Clarendon Press, 1998 - Law - 300 pages
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The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment by the State, and examines the relationship between victims, offenders and the State. Part IIaddresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to thevictim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broadersocial inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.
 

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Contents

The Problem of
11
in Proportion and in Perspective
31
Five Puzzles in von Hirschs Theory of Punishment
53
Crime Seriousness and the OffenderVictim Relationship
103
Why Bulk Discounts in Multiple Offence Sentencing? 1 29
129
Dangerousness and Citizenship
141
Sentencing Young Offenders 1 65
165
Desert Proportionality and the Seriousness
187
Doing Justice to Difference
223
Sentencing Equal Treatment and the Impact
251
The Hardness of Hard Treatment
273
Index
299
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About the author (1998)


Andrew Ashworth is Vinerian Professor of English law at All Souls College, Oxford.
Martin Wasik is Professor of Law at Manchester University.

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