Punishment and Freedom (Oxford Monographs on Criminal Law and Justice): A Liberal Theory of Penal Justice - Image 1

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Oxford University Press Punishment and Freedom (Oxford Monographs on Criminal Law and Justice): A Liberal Theory of Penal Justice

Name: Punishment and Freedom (Oxford Monographs on Criminal Law and Justice): A Liberal Theory of Penal Justice
Brand: Oxford University Press
Price: 51.0 GBP
Availability: InStock

Law

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Description

This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.

Product Specifications

Brand: Oxford University Press
Format: paperback
ASIN: 0199652333
Category: Books > Subjects > Business, Finance & Law > Law
Domain: Amazon UK
Publication Date: 07 April 2012
Listed Since: 25 August 2011

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Oxford University Press Punishment and Freedom (Oxford Monographs on Criminal Law and Justice): A Liberal Theory of Penal Justice

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