
Punishment and Sentencing
A Rational Approach
Mirko Bagaric(Author)
Routledge (Publisher)
1st Edition
Published on 3. February 2025
Book
Hardback
326 pages
978-1-032-97654-9 (ISBN)
Description
First published in 2001, Punishment and Sentencing provides a way of introducing principle into sentencing. This is done by bridging the gap between the philosophical justification for punishment and sentencing law and practice. In terms of the interests it deals with, sentencing is the most important area of law. Ironically it is also arguably the least coherent. Nearly three decades ago sentencing was described as a wasteland in the law. Unfortunately, little has changed in that time. Sentencing decisions are often made in accordance with the idiosyncratic sentiments of sentencers, rather than on the basis of binding rules and principles.
Part A of the book provides an overview of current sentencing law and practice. Part B critically examines the main contemporary theories of punishment. Part C discusses the implications that this has for the sentencing process. It is a useful text for students of criminology, law and philosophy courses, as well as a valuable resource for criminal law practitioners.
Part A of the book provides an overview of current sentencing law and practice. Part B critically examines the main contemporary theories of punishment. Part C discusses the implications that this has for the sentencing process. It is a useful text for students of criminology, law and philosophy courses, as well as a valuable resource for criminal law practitioners.
More details
Series
Language
English
Place of publication
London
United Kingdom
Publishing group
Taylor & Francis Ltd
Target group
College/higher education
Postgraduate
Dimensions
Height: 234 mm
Width: 156 mm
Weight
770 gr
ISBN-13
978-1-032-97654-9 (9781032976549)
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Schweitzer Classification
Other editions
Additional editions

Book
04/2026
1st Edition
Routledge
€39.00
Shipment within 10-20 days

E-Book
02/2025
Routledge
€73.99
Available for download

E-Book
02/2025
Routledge
€73.99
Available for download
Person
Professor Mirko Bagaric is an internationally renowned expert in punishment and sentencing. Before joining Swinburne University, he was the Dean and Head of the Law School at Deakin University from 2003 to 2006 and 2012 to 2015. He was the Dean of the Swinburne Law School from 2019 to 2022. He is also a member of Human Rights Advisory Panel of the 57th Queensland Parliament. Professor Bagaric is the author or co-author of over 30 books and 200 articles which have been published in leading Australian and international journals.
Content
Preface Table of Cases Table of Statutes Table of International Instruments Part A 1. Introduction 2. Sentencing Law Overview- The Road to Nowhere Part B 3. Theories of Punishment and the Current State of the Debate 4. The Errors of Retributivism 5. In Defence of a Utilitarian Theory of Punishment: Punishing the Innocent and the Compatibility of Utilitarianism and Rights 6. Incapacitation, Deterrence and Rehabilitation: Flawed Ideals or Appropriate Sentencing Goals? Parts C 7. Proportionality in Sentencing: Its Jurisdiction Meaning and Role 8. Suspended Sentences and Preventive Sentences: Illusory Evils and Disproportionate Punishments 9. New Criminal Sanctions- Inflicting Pain through the Denial of Employment and Education 10. Double Punishment and Punishing Character- The Unfairness of Prior Convictions 11. Consistency and Fairness in Sentencing- The Splendour of Fixed Penalties 12. Conclusion Bibliography Index