Alec Walen – författare
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2 produkter
2 produkter
Punishment, Penalty, and Incapacitation
A Dignity-Respecting Model of Targeted Restrictions of Liberty for Liberal States
Inbunden, Engelska, 2026
1 477 kr
Skickas inom 5-8 vardagar
Detention is among the most controversial and complex powers a state can exercise over an individual, raising the fundamental question: how can a liberal state justify restricting the liberty of certain individuals for the security of others, while still upholding the dignity of those whose freedom is curtailed?Punishment, Penalty, and Incapacitation seeks to answer that question by distinguishing four types of justification for targeted restrictions of liberty: deserved punishment, forfeiture of rights, enforceable duties to self-restrict, and lack of accountability. This book maintains that targeted restrictions of liberty must appeal to one of the four justifications listed above, and that each type of justification imposes characteristic limits on the way restrictions can operate. Drawing on a wide range of legal and political sources, this book offers a foundational inquiry into the theory of detention and other targeted limits on liberty, and develops a rigorous model for their justification in liberal democratic states.
1 499 kr
Kommande
The first volume of a three volume series which presents a set of common foundational concepts in criminal law and criminal justice. The series focuses on a comparison between Anglo-American and German concepts, doctrines, principles and structures.Criminal law and criminal justice are becoming increasingly globalised. There is a growing desire to develop common approaches to common problems and to learn from the diversity of current practice in different countries. This development has been reinforced by the internationalisation of criminal justice in international and mixed criminal tribunals. However, attempts at trans-jurisdictional discourse are often hampered by mutual misunderstandings. Professionals and academics engaged in comparative criminal law sometimes use the same terms with different meanings or different terms which mean the same thing.If we are to overcome these obstacles, we need to engage in a multijurisdictional and comparative conceptual analysis of a kind not provided by previous comparative projects, which typically focus on specific topics or issues. This volume looks for a set of common foundational concepts that could provide the basis for productive trans-jurisdictional exchanges. It provides insight on key topics such as the offences against property, liability for attempts, cyber-crime, the presumption of innocence, the role of victims, and wrongful convictions. It includes contributions from distinguished scholars with international reputations, from a diversity of backgrounds and including theoretical and normative as well as empirical focuses.