Penal Censure

This exploration of penal censure is inspired by the 40th anniversary of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within his theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological–anthropological and individual–psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory.

Introduction
Antje du Bois-Pedain and Anthony E Bottoms

PART I
CENSURE: MAPPING THE CONCEPTUAL TERRITORY
1. The Architecture of Censure
John Kleinig
2. Censure, Sanction and the Moral Psychology of Resentment and Punitiveness
Jonathan Jacobs
3. Reflective Censure: Punishment and Human Development
Liat Levanon
4. How Should We Argue for a Censure Theory of Punishment?
Christopher Bennett

PART II
CENSURE AND JUST DESERTS REVISITED: ISSUES FOR DESERT THEORY
5. Censure and Hard Treatment in the General Justification for Punishment: A Reconceptualisation of Desert-oriented Penal Theory
Andreas von Hirsch
6. Deserved Censure, Hard Treatment and Penal Restraint
Andrew Ashworth
7. Penal Censure, Repentance and Desistance
Anthony E Bottoms
8. The Evolution of Retributive Punishment: From Static Desert to Responsive Penal Censure
Julian V Roberts and Netanel Dagan
9. Dealing with Potential Terrorists within a Censure-based Model of Sentencing
Alessandro Corda

PART III
CENSURE, DESERT AND THE JURISPRUDENCE OF PUNISHMENT
10. Rootless Desert and Unanchored Censure
Matt Matravers
11. The Role of Victims' Rights in Punishment Theory
Tatjana Hörnle
12. Penal Desert and the Passage of Time
Antje du Bois-Pedain
13. Censure, Dialogue and Reconciliation
Rob Canton
14. Fairness, Equality, Proportionality and Parsimony: Towards a Comprehensive Jurisprudence of Just Punishment
Michael Tonry

“Indirectly but firmly, the articles in this collection are, in fact, a challenging tribute to the extensive work of von Hirsch... These fourteen articles, especially through the volume's extensive footnoting and helpful indexing, also offer a comprehensive guide to, and impression of, the relevant literature and topics that have shaped the interaction of censure and desert over the past fifty years. And, lastly, these articles consistently offer suggestions for those un- or inadequately-addressed but relevant matters that await future treatment.” –  Russ Immarigeon, Criminal Law and Criminal Justice Books