Not Just Deserts: A Republican Theory of Criminal Justice
Contents
Cite
Extract
Although this book is equally the product of the two authors, it goes back to an exchange which John Braithwaite had with Andrew von Hirsch and Ernest van den Haag in the Journal of Criminal Law and Criminology in 1982. A good bit of that attack on retributivism appears in Chapter 9 of the book, though some of the views in the 1982 contribution have been substantially modified in the present work. During that debate, von Hirsch accused Braithwaite, fairly we think, of being a destructive critic of just deserts without offering a coherent theoretical alternative. It has taken eight years to think through a response to this challenge. True to von Hirsch's prediction, the discipline of doing so has modified Braithwaite's views considerably.
The book connects with Philip Pettit's work in a different way. He had been concerned to identify values whose consequentialist promotion looked attractive and appealing: in particular, looked likely to sustain a natural respect for rights, deserts, and such constraints (Pettit and Brennan 1986). He had identified dominion as a political goal whose institutional promotion could guarantee respect for certain rights of individuals and he had come to recognize this as a goal of a republican stamp (Pettit 1988a, b). Dominion amounts to freedom in the social sense of full citizenship—elsewhere he describes it as ‘franchise’—and a focus on that goal is distinctive of the republican tradition which dominated Western political thinking from Machiavelli down to the end of the eighteenth century.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
| Month: | Total Views: |
|---|---|
| October 2022 | 3 |
| November 2022 | 2 |
| December 2022 | 2 |
| March 2023 | 2 |
| July 2023 | 2 |
| September 2023 | 2 |
| October 2023 | 2 |
| November 2023 | 2 |
| March 2024 | 1 |
| June 2024 | 2 |
| July 2024 | 2 |
| September 2024 | 1 |
| March 2025 | 2 |
| July 2025 | 3 |
| September 2025 | 2 |
| October 2025 | 1 |
| November 2025 | 2 |
| December 2025 | 1 |
| March 2026 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution's website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution's website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see "Sign in through society site" in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.