干旱区生态环境知识资源中心(Arid): Retributivism and the Use of Imprisonment as the Ultimate Back-up Sanction

Arid

DOI	10.1017/cjlj.2019.16
	Retributivism and the Use of Imprisonment as the Ultimate Back-up Sanction
	Bulow, William
通讯作者	Bulow, W
来源期刊	CANADIAN JOURNAL OF LAW AND JURISPRUDENCE
ISSN	0841-8209
EISSN	2056-4260
出版年	2019
卷号	32 期号:2 页码:285-303
英文摘要	Imprisonment is often said to be the ultimate back-up sanction for offenders who do not abide by their non-custodial sentence. From a standard consequentialist perspective this is morally justified, if it is a cost-effective means to crime prevention. In contrast, the use of imprisonment as a back-up is much harder to justify from retributivist perspectives, with their emphasis on just desert or deserved censure. The crux is this: if the reason for a non-custodial sentence is that a prison sentence risks being a disproportionate or inappropriate sanction, retributivists need to explain how a prison term can be warranted as the backup sanction for those who breach the requirements of their non-custodial sentence, even though their original crime wasn't serious enough to warrant imprisonment in the first place. The aim in this paper is to critically assess the extent to which retributivists can justify the use of imprisonment as the ultimate back-up sanction. In doing so, I first examine two broad strategies that are discussed in the literature, and which retributivists could employ in order to respond to this problem. The first strategy stresses how desert has only a limited role in sentencing such that it demarcates a range of deserved punishment. On this view, associated with limiting retributivism, one could initially opt for a less harsh yet deserved punishment, leaving room for the imposition of back-up sanctions when needed. The second strategy focuses on how the act of breach is a reprehensible act that can allow for a penalty increase, and thereby lead to imprisonment. Although it is argued that both strategies fail, the paper proposes an alternative solution to this problem.
英文关键词	Back-up sanctions Imprisonment Limiting Retributivism Normative Theories of Sentencing Retributivism
类型	Article
语种	英语
收录类别	ESCI
WOS记录号	WOS:000481864100002
WOS关键词	PUNISHMENT
WOS类目	Law
WOS研究方向	Government & Law
资源类型	期刊论文
条目标识符	http://119.78.100.177/qdio/handle/2XILL650/333760
作者单位	[Bulow, William] Stockholm Univ, Dept Philosophy, Stockholm Ctr Eth War & Peace, Stockholm, Sweden
推荐引用方式 GB/T 7714	Bulow, William. Retributivism and the Use of Imprisonment as the Ultimate Back-up Sanction[J],2019,32(2):285-303.
APA	Bulow, William.(2019).Retributivism and the Use of Imprisonment as the Ultimate Back-up Sanction.CANADIAN JOURNAL OF LAW AND JURISPRUDENCE,32(2),285-303.
MLA	Bulow, William."Retributivism and the Use of Imprisonment as the Ultimate Back-up Sanction".CANADIAN JOURNAL OF LAW AND JURISPRUDENCE 32.2(2019):285-303.

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