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The Republican Democratization of Criminal Law and Justice

José Luis Martí

in Legal Republicanism: National and International Perspectives

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559169
eISBN:
9780191720956
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559169.003.0006
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter presents a brief characterization of penal republicanism in general and explores the concrete implications of one of the main principles supported by that theory: the principle of ... More


The Myth of Penal Populism

Albert W. Dzur

in Punishment, Participatory Democracy, and the Jury

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199874095
eISBN:
9780199980024
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199874095.003.0002
Subject:
Political Science, Political Theory

Criminal justice scholars such as Bottoms and Pratt argue that citizen participation has played a decisive role in the expansionary penal state. Their “penal populism” thesis is exemplified by the ... More


Between Deference and Defiance: Courts and Penal Populism in Chinese Capital Cases

Hualing Fu

in The Death Penalty In China: Policy, Practice, and Reform

Published in print:
2015
Published Online:
May 2016
ISBN:
9780231170079
eISBN:
9780231540810
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231170079.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter examines the relationship between media, public opinion and death penalty judicial decisions in China. As argued, unlike the experiences of Western democracies, China’s penal populism as ... More


The Decivilization of Punishment

Daems Tom

in Making Sense of Penal Change

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199559787
eISBN:
9780191701771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559787.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter starts with an exploration of John Pratt's intellectual life-course, starting in the early 1980s with his writings on controlling youth delinquency and finishing with his research on the ... More


When Children Kill Children: Penal Populism and Political Culture

David A. Green

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199230969
eISBN:
9780191696497
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199230969.001.0001
Subject:
Law, Criminal Law and Criminology

This title examines the role of political culture and penal populism in the response to the emotive subject of child-on-child homicide. The book explores the reasons underlying the vastly differing ... More


Liberty, Justice, and All: The Folly of Doing Good by Stealth

David A. Green

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0009
Subject:
Political Science, Political Theory, American Politics

This chapter first describes and explains a set of political conditions and incentives in advanced democracies that have made the strategy of cynical penal populism attractive to elected officials. ... More


Effecting Penal Climate Change

David A Green

in When Children Kill Children: Penal Populism and Political Culture

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199230969
eISBN:
9780191696497
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199230969.003.0011
Subject:
Law, Criminal Law and Criminology

This final chapter first makes the case against re-insulating penal policymaking processes from public influence, favouring instead an embrace of more participatory arrangements. It then briefly ... More


Inequality and Punishment: The Idiosyncrasies of the Political Economy of Punishment

Susanne Karstedt

in Tracing the Relationship between Inequality, Crime and Punishment: Space, Time and Politics

Published in print:
2021
Published Online:
May 2021
ISBN:
9780197266922
eISBN:
9780191938184
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266922.003.0002
Subject:
Law

Prisons across the globe are manifestations of inequality. In any society, its most marginalised groups are overrepresented in prisons and all institutions of criminal justice. Notwithstanding this ... More


When Children Kill Children

David A Green

in When Children Kill Children: Penal Populism and Political Culture

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199230969
eISBN:
9780191696497
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199230969.003.0001
Subject:
Law, Criminal Law and Criminology

This book adopts a comparative case study approach to examine the relationship between crime, politics, public opinion, and the news media in both Norway and England. By examining the responses to ... More


After Penal Populism: Punishment, Democracy, and Utopian Method

Lynne Copson

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0008
Subject:
Political Science, Political Theory, American Politics

This chapter highlights two opposing strategies for seeking to protect criminal justice policymaking from the excesses of penal populism: insulationism and reinvigorationism. Particular concerns ... More


Tackling prison overcrowding: Build more prisons? Sentence fewer offenders?

Mike Hough, Rob Allen, and Enver Solomon (eds)

Published in print:
2008
Published Online:
March 2012
ISBN:
9781847421104
eISBN:
9781447303657
Item type:
book
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847421104.001.0001
Subject:
Social Work, Crime and Justice

This book is a response to controversial proposals for prisons and sentencing set out in by Lord Patrick Carter's ‘Review of Prisons’, published in 2007. The Carter review proposed the construction ... More


Mass Incarceration and Public Opinion on Crime and Justice: From Democratic Theory to Method and Reality

Elizabeth R. Turner

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0010
Subject:
Political Science, Political Theory, American Politics

Using deliberative practices to produce and capture a seemingly more refined form of public opinion on matters of penal policy and practice has been proposed as an antidote to penal populism. ... More


Democracy All the Way Down: Deliberative Democracy and Criminal Law: The Case of Social Protests

Roberto Gargarella

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0013
Subject:
Political Science, Political Theory, American Politics

This chapter, which has both descriptive and normative aims, explores possible connections between a particular theory of democracy, namely deliberative democracy, and the criminal law. The ... More


Punishment and Democratic Theory: Resources for a Better Penal Politics

Albert W. Dzur, Ian Loader, and Richard Sparks

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0001
Subject:
Political Science, Political Theory, American Politics

This chapter introduces the central theme that animates the chapters in this volume: that one underexploited resource for a better penal politics lies in investigating the ideals and institutions of ... More


Crime and criminal justice

Mike Hough

in The Conservative Party and social policy

Published in print:
2011
Published Online:
March 2012
ISBN:
9781847424334
eISBN:
9781447303718
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847424334.003.0012
Subject:
Social Work, Social Policy

This chapter reviews the key thrust of criminal justice policy over the last 30 years and then turns to ‘read the runes’ to see what sorts of continuity or discontinuity can be expected. In criminal ... More


Why Greater Public Participation in Criminal Justice?

Christopher Bennett

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0006
Subject:
Political Science, Political Theory, American Politics

This chapter addresses the debate over public participation in criminal justice. On one side of this debate are those who argue that criminal justice policy should be removed from direct ... More


Playing Fair with Imprisonment

Richard Dagger

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0004
Subject:
Political Science, Political Theory, American Politics

The aim of this chapter is to demonstrate that the principle of fair play provides a helpful way of addressing the problem of mass incarceration and of dampening the tendency to penal populism. In ... More


Prison education: a Northern European wicked policy problem?

Gerry Czerniawski

in Marketisation and Privatisation in Criminal Justice

Published in print:
2020
Published Online:
January 2021
ISBN:
9781447345701
eISBN:
9781447346579
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447345701.003.0018
Subject:
Sociology, Law, Crime and Deviance

‘Wicked policy problems’ are defined as complex, not fully understood by policy makers, highly resistant to change and seemingly immune to any evidence likely to bring about change for the better. ... More


Punishing Fairly

Richard Dagger

in Playing Fair: Political Obligation and the Problems of Punishment

Published in print:
2018
Published Online:
June 2018
ISBN:
9780199388837
eISBN:
9780199388851
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199388837.003.0008
Subject:
Political Science, Political Theory, American Politics

Philosophers tend to think of the problem of punishment as being the problem of demonstrating that it is or can be justified. Settling the question of whether punishment is justified as a practice, ... More


The Time of Punishment: Proportionality and the Sentencing of Historical Crimes

Julian V. Roberts

in Of One-eyed and Toothless Miscreants: Making the Punishment Fit the Crime?

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190070595
eISBN:
9780190070625
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190070595.003.0007
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Increasingly, courts around the world are being required to sentence offenders for crimes committed years or even decades earlier. Prevailing conceptions of harm and culpability change over time. ... More


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