Chapter

Punishment Futures

Andreas von Hirsch

in Retributivism Has a Past

Published in print December 2011 | ISBN: 9780199798278
Published online January 2012 | e-ISBN: 9780199919376 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199798278.003.0013

Series: Studies in Penal Theory and Philosophy

Punishment Futures

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This chapter offers a few observations on the general implications of the preceding chapters when they are considered together. Do they seek to furnish a novel conception of punishment and sanctioning, or provide reason for the need for one, that would replace the desert model? What emerges is evidence of the surprising continued vitality of retributive conceptions. Some chapters explicitly advocate versions of retributivism. Others use retributive criteria in evaluating “novel” approaches such as “protection measures,” drug courts, and the like. None of the chapters provide a systematic case for a nonretributive model aimed at replacing the desert model or its variants.

Keywords: desert-oriented sentencing models; punishment; retributivism; sanctioning

Chapter.  9476 words. 

Subjects: Criminal Law

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