Punishability and the Restriction of Interests
This short article develops two themes which run throughout Rob Canton's recent monograph Why Punish? - the concept of 'punishability' and that punishment, however justified, constitutes an interference with an individual's interests.It is argued that there are fundamental questions of agency which relate to the definition of punishment (is it punishment if an offender does not perceive the outcome as a hardship?), to potential justifications of punishment (different perceptions of punishment may impact upon their effectiveness), to perceptions of legitimacy (if the offender believes her interests are being ignored or marginalised) and to how criminal justice professionals perceive their role.
The file attached to this record is the author's version. The Publisher's final version can be found by following the URI link. open access journal
Citation : Dingwall, G. (2018) Punishability and the Restriction of Interests. Probation Quarterly, Issue 7, pp.28-30.
Research Institute : Centre for Law, Justice and Society
Peer Reviewed : No
- Department of Law