Popular Punishment: On the Normative Significance of Public Opinion by Jesper RybergPopular Punishment: On the Normative Significance of Public Opinion by Jesper Ryberg

Popular Punishment: On the Normative Significance of Public Opinion

EditorJesper Ryberg, Julian V. Roberts

Hardcover | May 13, 2014

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Should public opinion determine - or even influence - sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administrationof punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespreadresonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosphers, and legal theorists to address thevarious aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and thenconsidering the various ways this might be achieved through juries, prosecutors, restoratifve justice programs, and other means.
Jesper Ryberg is Professor of Ethics and Philosophy of Law at Roskilde University, Denmark. Julian V. Roberts is Professor of Criminology at the University of Oxford.
Title:Popular Punishment: On the Normative Significance of Public OpinionFormat:HardcoverDimensions:272 pages, 9.25 × 6.12 × 0.98 inPublished:May 13, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199941378

ISBN - 13:9780199941377

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Table of Contents

ContributorsJesper Ryberg and Julian V. Roberts: Introduction: Exploring the Normative Significance of Public Opinion for State Punishment1. Jesper Ryberg: Penal Theory, Moral Intuitions, and Public Opinion2. Matt Matravers: Proportionality Theory and Popular Opinion3. Paul H. Robinson: The Proper Role of Community in Determining Criminal Liability and Punishment4. Mirko Bagaric: Proportionality in Sentencing: The Need to Factor in Community Experience, Not Public Opinion5. Jan W. de Keijser: Penal Theory and Popular Opinion: The Deficiencies of Direct Engagement6. Frej K. Thomsen: Why Should We Care What the Public Thinks? A Critical Assessment of the Claims of Popular Punishment7. Christopher Bennett: Public Opinion and Democratic Control of Sentencing Policy8. Richard L. Lippke: Criminal Prosecutors: Experts or Elected Officials?9. Thom Brooks: Stakeholder Sentencing10. Albert W. Dzur: Repellent Institutions and the Absentee Public: Grounding Opinion in Responsibility for Punishment11. Julian V. Roberts: Clarifying the Significance of Public Opinion for Sentencing Policy and PracticeNotesBibliographyIndex