1.

Record Nr.

UNINA9910438063203321

Autore

Halevi Gavriel

Titolo

The right to be punished : modern doctrinal sentencing / / Gabriel Hallevy

Pubbl/distr/stampa

Berlin, : Springer, 2013

ISBN

1-283-91035-7

3-642-32388-X

Descrizione fisica

1 online resource (248 p.)

Disciplina

345.0772

364.601

Soggetti

Punishment - Philosophy

Punishment - Moral and ethical aspects

Lingua di pubblicazione

Tedesco

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Punishment as Part of Modern Criminal Law Theory -- General Purposes of Punishment -- General Considerations of Punishment -- General Structure of Doctrinal Sentencing -- Physical Punishments -- Economic Punishments -- Conclusion.

Sommario/riassunto

Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism,



corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.