A Critique of Von Hirsch's Censure Theory

Ratio Juris (forthcoming)
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Abstract

Andreas von Hirsch's desert-based censure theory defends an influential penal theory centred on blame and proportionality. This article critically examines this theory and identifies three key problems relating to its justification of punishment and its distribution. The article argues that not all of these problems are resolvable, raising serious concerns about the tenability of censure theory in sentencing policy without significant modifications.

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Reflective censure : punishment and human development.Liat Levanon - 2019 - In Antje du Bois-Pedain & Anthony E. Bottoms, Penal censure: engagements within and beyond desert theory. New York: Hart Publishing.

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Thom Brooks
Durham University

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Punishment and repentance.John Tasioulas - 2006 - Philosophy 81 (2):279-322.
Temptations, Social Deprivation and Punishment.Peter Chau - 2010 - Oxford Journal of Legal Studies 30 (4):775-785.

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