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Retributivism, Proportionality, and the Challenge of the Drug Court Movement

Douglas Husak

in Retributivism Has a Past: Has It a Future?

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199798278
eISBN:
9780199919376
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199798278.003.0011
Subject:
Law, Criminal Law and Criminology

This chapter discusses the incompatibility between drug courts and retributivism. It is organized as follows. Section I briefly describes the phenomenon of therapeutic jurisprudence generally, and ... More


The Role of the “Dual-Track” System and Its Consequences

Wu Jinglian, Ma Guochuan, Xiaofeng Hua, and Nancy Hearst

in Whither China?: Restarting the Reform Agenda

Published in print:
2016
Published Online:
May 2016
ISBN:
9780190223151
eISBN:
9780190223182
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190223151.003.0009
Subject:
Economics and Finance, Development, Growth, and Environmental, International

Under China’s dual-track system, in which the command economy and the market economy coexisted, transition was to be achieved through a gradual strengthening of the market and a step-by-step ... More


The Formation of the European Dual-Track System

Michele Pifferi

in Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743217
eISBN:
9780191803079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743217.003.0006
Subject:
Law, Criminal Law and Criminology

The chapter analyses the formation of the dual-track system designed by European criminologists and penal reformers as a method to combine retributivism and prevention by providing the possibility ... More


From Repression to Prevention: The Uncertain Borders between Jurisdiction and Administration

Michele Pifferi

in Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743217
eISBN:
9780191803079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743217.003.0009
Subject:
Law, Criminal Law and Criminology

The chapter explores how the shift from retributive to preventive justice affected the constitutional balance between judicial and administrative sentencing powers. After analysing the Spanish law ... More


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