Punishability and the Restriction of Interests

Date

2018-03-08

Advisors

Journal Title

Journal ISSN

ISSN

DOI

Volume Title

Publisher

Probation Quarterly

Type

Article

Peer reviewed

No

Abstract

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.

Description

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

Keywords

punishment, penal theory, culpability

Citation

Dingwall, G. (2018) Punishability and the Restriction of Interests. Probation Quarterly, Issue 7, pp.28-30.

Rights

Research Institute

Centre for Law, Justice and Society