0335210376.Open.University.Press.Understanding.Justice.An.Introduction.to.Ideas.Perspectives.and.Controversies.in.Modern.Penal.Theory.Jun.2003.pdf

Series editor: Mike Maguire

UNDERSTANDING JUSTICE

An Introduction to Ideas, Perspectives and Controversies

In Modern Penal Theory

Second Edition

Understanding

justice

• Why should offenders be punished?

• What should punishments be designed to achieve?

• Why has imprisonment become the normal punishment for crime in

modern industrial societies?

• What is the relationship between theories of punishment and the

actual penalties inflicted on offenders?

An introduction to

This revised and updated edition of a highly successful text provides a

comprehensive account of the ideas and controversies that have arisen

within law, philosophy, sociology and criminology about the

punishment of criminals. Written in a clear, accessible style, it

summarises major philosophical ideas – retribution, rehabilitation and

incapacitation – and discusses their strengths and weaknesses. This

new edition has been updated throughout including a new section on

recent cultural studies of punishment and the phenomenon of mass

imprisonment that has emerged in the United States. There is also a

new chapter on restorative justice, which has developed considerably in

theory and in practice since the publication of the first edition.

ideas, perspectives and controversies

in modern penal theory

SECOND EDITION

The sociological perspectives of Durkheim, Marxists, Foucault and their

contemporary followers are analysed and assessed. A section on the

criminological perspective of punishment looks at the influence of

theory on penal policy, and the impact of penal ideologies on those

upon whom punishment is inflicted. The contributions of feminist

theorists, and the challenges they pose to masculine accounts of

punishment, are also included. The concluding chapter presents

critiques of the very idea of punishment, and looks at contemporary

proposals which could make society’s response to crime less dependent

on punishment than at present.

Understanding Justice has been designed for students from a range of

disciplines and is suitable for a variety of crime-related courses in

sociology, social policy, law and social work. It will also be useful to

professionals in criminal justice agencies and to all those interested in

understanding the issues behind public and political debates on

punishment.

Barbara A. Hudson is Professor at the Lancashire Law School,

University of Central Lancashire. She teaches penology on courses in

law and criminology, and has researched and written extensively on

criminal justice topics. Her previously published works include Justice

Through Punishment: A Critique of the ‘Justice’ Model of Corrections

(1987), Penal Policy and Social Justice (1993), and Racism and

Criminology (1993, edited with Dee Cook).

Cover illustration: Linda Combi

Cover design: Phil Barker

Barbara A. Hudson

www. openup .co.uk

Understanding justice

An introduction to ideas,

perspectives and controversies in

modern penal theory

Second edition

CRIME AND JUSTICE

Series editor: Mike Maguire

Cardiff University

Crime and Justice is a series of short introductory texts on central topics in

criminology. The books in this series are written for students by inter-

nationally renowned authors. Each book tackles a key area within crimi-

nology, providing a concise and up-to-date overview of the principal

concepts, theories, methods and ﬁndings relating to the area. Taken as a

whole, the Crime and Justice series will cover all the core components of

an undergraduate criminology course.

Published titles

Understanding youth and crime

Sheila Brown

Understanding crime data

Clive Coleman and Jenny Moynihan

Understanding white collar crime

Hazel Croall

Understanding justice (second edition)

Barbara A. Hudson

Understanding crime prevention

Gordon Hughes

Understanding violent crime

Stephen Jones

Understanding community penalties

Peter Raynor and Maurice Vanstone

Understanding criminology (second edition)

Sandra Walklate

Understanding justice

An introduction to ideas,

perspectives and controversies in

modern penal theory

Second edition

Barbara A. Hudson

Open University Press

Buckingham · Philadelphia

Open University Press

Celtic Court

22 Ballmoor

Buckingham

MK18 1XW

email: enquiries@openup.co.uk

world wide web:www.openup.co.uk

and

325 Chestnut Street

Philadelphia, PA 19106, USA

First Published 1996

Reprinted 1997, 1998, 1999, 2000

First published in this second edition, 2003

criticism and review, no part of this publication may be reproduced, stored in a

retrieval system, or transmitted, in any form or by any means, electronic,

mechanical, photocopying, recording or otherwise, without the prior written

permission of the publisher or a licence from the Copyright Licensing Agency

Limited. Details of such licences (for reprographic reproduction) may be obtained

from the Copyright Licensing Agency Ltd of 90 Tottenham Court Road, London,

W1P 0LP.

A catalogue record of this book is available from the British Library

ISBN 0 335 21037 6 (hb) 0 335 21036 8 (pb)

Library of Congress Cataloging-in-Publication Data

Hudson, Barbara, 1945 -

Understanding justice : an introduction to ideas, perspectives, and

controversies in modern penal theory / Barbara A. Hudson. –

2nd ed. p. cm. (Crime and justice)

Includes bibliographical references and index.

ISBN 0-335-21037-6 – ISBN 0-335-21036-8 (pbk.)

1. Punishment. 2. Criminal law – Philosophy. I. Title. II. Crime and

justice (Buckingham, England)

K5103.H83 2003

364. 6´01–dc21

2002030371

Typeset by Type Study, Scarborough

Printed in Great Britain by Biddles Ltd, Guildford and King’s Lynn

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