| Popis: |
Sentencing law and theory is closely bound up with the justification of punishment. Despite the depth and importance of the discussion of the aims of punishment, none of the theories has been able to assert itself in practice as the principal sentencing aim. This gives rise in turn to important questions about the possibility of establishing appropriate limits on the sentence. This chapter sets out to examine why human rights principles have not had much purchase in the sentencing context, to make the case for the importance of clearly expressing the values underpinning sentencing law in human rights terms, and to set the scene for an examination of the importance of these human rights limits for an understanding of justified punishment in the rule of law. |
