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Criminal Punishment and Human Rights: Convenient Morality (Routledge Research in Human Rights Law)

By: Adnan Sattar (Author)

Manufacture on Demand

Ksh 11,150.00

Format: Paperback or Softback

ISBN-10: 0367660466

ISBN-13: 9780367660468

Collection / Series: Routledge Research in Human Rights Law

Collection Type: Publisher collection

Publisher: Taylor & Francis Ltd

Imprint: Routledge

Country of Manufacture: GB

Country of Publication: GB

Publication Date: Sep 30th, 2020

Publication Status: Active

Product extent: 270 Pages

Weight: 444.00 grams

Dimensions (height x width x thickness): 15.70 x 23.10 x 2.20 cms

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This book examines the relationship between international human rights discourse and the justifications of punishment in domestic penal systems, as well as exposing certain paradoxes between human rights law and the aims of criminal punishment.

This book examines the relationship between international human rights discourse and the justifi cations for criminal punishment. Using interdisciplinary discourse analysis, it exposes certain paradoxes that underpin the ‘International Bill of Human Rights’, academic commentaries on human rights law, and the global human rights monitoring regime in relation to the aims of punishment in domestic penal systems. It argues that human rights discourse, owing to its theoretical kinship with Kantian philosophy, embodies a paradoxical commitment to human dignity on the one hand, and retributive punishment on the other. Further, it sustains the split between criminal justice and social justice, which results in a sociologically ill-informed understanding of punishment. Human rights discourse plays a paradoxical role vis-à-vis the punitive power of the state as it seeks to counter criminalisation in some areas and backs the introduction of new criminal offences – and longer prison sentences – in others. The underlying priorities, it is argued, have been shaped by a number of historical circumstances. Drawing on archival material, the study demonstrates that the international penal discourse produced during the late nineteenth and early twentieth century laid greater emphasis on offender rehabilitation and was more attentive to the social context of crime than is the case with the modern human rights discourse.


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