LEADER 04762nam 2200577 450 001 9910823630503321 005 20230803200047.0 010 $a1-5099-1387-4 010 $a1-78225-455-2 035 $a(CKB)2670000000578518 035 $a(EBL)1873362 035 $a(SSID)ssj0001402381 035 $a(PQKBManifestationID)12540034 035 $a(PQKBTitleCode)TC0001402381 035 $a(PQKBWorkID)11358073 035 $a(PQKB)10203728 035 $a(MiAaPQ)EBC1873362 035 $a(EXLCZ)992670000000578518 100 $a20150109h20142014 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 00$aLiberal criminal theory $eessays for Andreas von Hirsch /$fedited by A P Simester, Antje du Bois-Pedain and Ulfrid Neumann ; with translations by Antje du Bois-Pedain 210 1$aOxford, England ;$aPortland, Oregon :$cHart Publishing,$d2014. 210 4$dİ2014 215 $a1 online resource (408 p.) 300 $aIncludes index. 311 $a1-84946-514-2 311 $a1-322-34286-5 327 $aCover; Half-title; Title; Copyright; Contents; List of Contributors; Editors' Introduction; Part 1: Punishment and Prevention; 1. Punishment Paradigms and the Role of the Preventive State; I. The Role of Prudential Disincentives; II. The Scope of the State's Authority to Censure; III. The State's Preventive Obligation; IV. Developing the Preventive Obligation; V. Conclusion; 2. Prevention, Censure and Responsibility: The Recent Debate on the Purposes of Punishment; I. Overcoming the Simple Contrast between Two Strands of Theories? 327 $aII. The Shortcomings of Traditional 'Absolute' and 'Relative' Theories of PunishmentIII. Principled Limits on Punishment, Guilt and Censure; IV. Why Must the Perpetrator Allow Himself to be Roped in for the Achievement of the State's Preventive Aims?; V. On the Expressive Function of Punishment; VI. Conclusion; 3. Prevention with a Moral Voice; I. Reconciling Desert and Deterrence; II. Respecting Persons: Hegel and the Moral Voice; III. Not Treating People as Means; IV. Conclusion; 4. The 'Deserved' Punishment; I. 'Effective' versus 'Deserved' Punishment: a Hypothetical Scenario 327 $aII. The Deserved Punishment: an Essential Component of 'Absolute' (Deontological) Theories of PunishmentIII. The Deserved Punishment in Complex ('Unified') Theories of Punishment; IV. The Culpability Principle: Ways towards its Recognition within a Theory of Punishment; V. The Culpability Principle as an Integral Component of the Institution of Punishment; VI. Punishment as Reaction and as Retribution; Part 2: Punishment, Desert and Communication; 5. After the Crime: Post-Offence Conduct and Penal Censure; I. Introduction; II. Defining Post-Offence-related Conduct 327 $aIII. Justifying the Mitigating Role of Commendable POC: An Offence-seriousness ApproachIV. A More Expansive Account of the Normative Value of POC: Censure and Broader Retributive Values; V. Some External Objections to POC as a Sentencing Factor; VI. Conclusions; 6. Does Punishment Honour the Offender?; I. Overview; II. Reprobation and Treatment as a 'Moral Agent', ie as a Participant in Moral Discourse; III. Punishment as Honouring the Offender in German Idealist Philosophy; IV. What are the Differences between Strawson and the German Idealists with respect to the Function of Penal Censure? 327 $aV. Imputation and the Person prior to Idealism: Attribution of Responsibility as a way of Taking Identity SeriouslyVI. Criticising this Tradition with Assistance from Hegel? (The Case of Forgiveness); 7. Criminal Law, Crime and Punishment as Communication; I. Punishment: From Welfare Instrumentalism to Moral Expressivism; II. The Communicative Turn; III. Punishment as Communication; IV. What does the Crime Say?; V. What does the Criminal Law Say?; VI. Why Hard Treatment?; VII. Communication as an Action; VIII. Again: Punishment as Communication; 8. Can Deserts Be Just in an Unjust World? 327 $aI. Recognition of the 'Unjust World' Problem 330 $aThis collection brings together distinguished international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focussed. Together, they articulate and defend the ideal of a liberal criminal justice system. 606 $aCriminal law$xPhilosophy 615 0$aCriminal law$xPhilosophy. 676 $a364.973 702 $aSimester$b A. P. 702 $aDu Bois-Pedain$b Antje 702 $aNeumann$b Ulfrid$f1947- 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910823630503321 996 $aLiberal criminal theory$94029789 997 $aUNINA