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NCJ Number: 138996 Find in a Library
Title: Not Just Desserts: A Republican Theory of Criminal Justice, 4th Edition
Author(s): J Braithwaite; P Pettit
Date Published: 1990
Page Count: 227
Sponsoring Agency: Oxford University Press
Oxford OX2 6DP, United Kingdom
Publication Number: ISBN-0-19-824233-6
Sale Source: Oxford University Press
Walton Street
Oxford OX2 6DP,
United Kingdom
Type: Issue Overview
Language: English
Country: United Kingdom
Annotation: This book proposes a comprehensive theory of criminal justice that directs the system to the promotion of freedom in the old republican sense of that term, i.e., freedom in the sense of dominion.
Abstract: The intent of the proposed comprehensive theory of criminal justice is to replace the traditional focus on issues of sentencing and punishment to the neglect of other questions of criminal justice. The theory needs to be consequentialist and to set a target by which to judge the criminal justice system. Three desiderata for defining an appropriate target for a comprehensive consequentialist theory are developed: preventionism, utilitarianism, and target-retributivism, i.e., a theory which hails the satisfaction of retributivist constraints. Finally, the target of maximum dominion is proposed, a freedom that is holistically conceived. The promotion of dominion, the republican concept of full citizenship, emerges as a target which satisfies the relevant desiderata. Its promotion enjoins respect for the spheres the criminal justice system is expected to protect: persons, property, and province. 14 footnotes and 253 references
Main Term(s): Criminal justice system reform; Criminology
Index Term(s): Criminal justice system analysis; Criminology theory evaluation; Punishment; Sentencing/Sanctions
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