Confronting Penal Excess

Introduction: The Politics of Penal Minimalism
I. The Pursuit of the Minimal Penal State in an Age of Excess
II. The 'Problem of Punishment'
III. The Structure of this Book

PART I
DEFINING PENAL EXCESS
Chapter One: Penal Excess and Penal Minimalism
I. Conceptual Foundations: Penal Excess, Moderation, and Minimalism
II. Political Foundations: Penal Minimalism as a Public Good
III. Conclusion: Two Spatial Metaphors for Penal Excess

Chapter Two: Penal Excess in England and Wales
I. Mass Punishment: Excesses of Size
II. Punishing the Poor: Excesses of Shape
III. Conclusion: The Age of Excess

Chapter Three: Penal Excess as the Failure of Retribution
I. The Historical Context of Retributivism and the Rise of Penal Excess
II. Retributive Proportionality and the Limited Penal State
III. Critiques of Retributive Penal Minimalism
IV. Conclusion: Catching Chimera by the Tail

PART II
PURSUING PENAL MINIMALISM
Chapter Four: Other Routes to Penal Minimalism
I. Rehabilitation and Penal Minimalism
II. Restorative Justice and Penal Minimalism
III. Penal Abolitionism and (Post-)Penal Minimalism
IV. Conclusion: Is Penal Minimalism Possible?

Chapter Five: Proportionality and its Alternatives
I. Five Limiting Factors
II. Conclusion: A 'First Among Equals' Approach to Proportionality?

PART III
CONFRONTING PENAL EXCESS
Chapter Six: Groundwork for a Late Retributivism
I. What Sort of a Theory?
II. Why 'Late' Retributivism?
III. Why Retributivism at All?
IV. Conclusion: Late Retributivism and Orthodox Retributivism

Chapter Seven: Elements of a Late Retributivism
I. Social Awareness: Thinking Beyond the Penal State
II. Political Outspokenness: Towards Substantive Democracy
III. Inter-Subjectivity: Sentencing, for Humans
IV. Self-Deprecation: Towards a Finite Retributivism
V. Conclusion: The Core of Late Retributivism

Chapter Eight: Conclusion: Confronting Penal Excess