The Science of Sentencing: Measurement Theory and Von Hirsch's New Scales of Justice

Sentencing & Society: International Perspectives, C. Tata & N. Hutton, eds., Ashgate, 2002

32 Pages Posted: 6 Dec 2013

See all articles by Julia Davis

Julia Davis

University of South Australia - School of Law

Date Written: December 4, 2002

Abstract

Andrew von Hirsch has been a leader in the movement towards establishing proportionality in sentencing since the revival of interest in just deserts began in the 1970s. His sentencing model, which has been developed in the public arena over a period of more than 20 years, contains detailed philosophical justifications for state punishment and is supported by specific practical proposals for constructing a sentencing system. No doubt because of these three features, von Hirsch's ideas have attracted much attention and comment. Not all of it however, is positive. This paper focuses on von Hirsch's model and its critics and uses the theory of measurement as a source of critique instead of the more usual choice of the philosophy of punishment.

Keywords: sentencing, state punishment

Suggested Citation

Davis, Julia, The Science of Sentencing: Measurement Theory and Von Hirsch's New Scales of Justice (December 4, 2002). Sentencing & Society: International Perspectives, C. Tata & N. Hutton, eds., Ashgate, 2002, Available at SSRN: https://ssrn.com/abstract=2363735

Julia Davis (Contact Author)

University of South Australia - School of Law ( email )

GPO Box 2471
Adelaide SA 5001
Australia
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83027128 (Fax)

HOME PAGE: http://people.unisa.edu.au/Julia.Davis

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