Fundamentals of Sentencing Theory

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The Oxford Monographs on Criminal Law and Justice series covers all aspects of criminal law and procedure including criminal evidence. The scope of the series is wide, encompassing both practical and theoretical works.
This volume is a thematic collection of essays on sentencing theory by leading writers. The essays consider several issues affecting the discipline including the underlying justifications for the imposition of punishment by the State, areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected, and includes various questions about the unequal impact on offenders of different sentencing measures.
This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.
Part I: Foundations of the Power to Punish 1. Soverign States and vengeful Victims: the Problem of the Right to Punish, McCormick and Garland2. Crime: In Proportion and In Perspective, Gardner3. Five Puzzles in von Hirsch’s Theory of Punishment, BottomsPart II: Troublesome Issues in Sentencing Theory 4. Crime Seriousness and the Offender-Victim Relationship in Sentencing, Wasik5. Why Bulk Discounts in Multiple Offence Sentencing?, Jarebourg6. Dangerousness and Citizenship, Duff7. Sentencing Young Offenders, Zedner8. Desert, Proportionality, and the Seriousness of Drug Offences, HusakPart III: Relating Theory to Contemporary Punishment Practice 9. Doing Justice to Difference, Hudson10. Sentencing, Equal Treatment, and the Impact of Sanctions, Ashworth and Player11. The Hardness of Hard Treatment, Kleinig
Andrew Ashworth is Vinerian Professor of English law at All Souls College, Oxford.
Martin Wasik is Professor of Law at Manchester University.

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