Confronting Penal Excess

Retribution and the Politics of Penal Minimalism

David Hayes

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English

Hart Publishing
17 June 2021

Crime & criminology; Criminology: legal aspects; Criminal law & procedure

This monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal State in those jurisdictions.

It sets out three key arguments. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, that the penal minimalist cause cannot do without retributive proportionality, at least in comparison to the limiting principles espoused by rehabilitation, restorative justice and penal abolitionism. Third, that another retributivism is therefore necessary if we are to confront penal excess. The monograph offers a sketch of this new approach, ‘late retributivism’, as both a theory of punishment and of minimalist political action, within a democratic society.

Centrally, criminal punishment is approached as both a political act and a policy choice. Consequently, penal theorists must take account of contemporary political contexts in designing and advocating for their theories. Although this inquiry focuses primarily on England and Wales, its models of retributivism and of academic contribution to democratic penal policy-making are relevant to other jurisdictions, too.

By: David Hayes
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 363g
ISBN: 9781509952137
ISBN 10: 1509952136
Pages: 256
Publication Date: 17 June 2021
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

David Hayes is Lecturer in Law at the University of Sheffield.