ISBN: 9780875850153 - Individualization of Punishment (2 results)

Hardcover. Condition: Used-Very Good. Cloth, no d.j. Some shelf-wear. Else clean copy.

Condition: very good. With an introduction by Gabriel Tarde. Translated from the second French edition by Rachel Szold Jastrow. With an introduction by Roscoe Pound. Montclair, N.J., Patterson Smith, 1968. Reprint 1911 edition. Orig. cloth binding. xliv,322 pp. (Patterson Smith reprint series in criminology, law enforcement, and social problems. Publication no. 15). English translation of : L'individualisation de la peine : étude de criminalité sociale. Paris : Alcan, 1908. The central question in Raymond Saleilles' The Individualization of Punishment is how punishment should be determined when not only the offense committed, but also the person of the offender, is taken as a point of departure. Saleilles (1855-1912) opposes a uniform and mechanical penal system in which similar offenses necessarily lead to similar punishments. In his view, punishment should instead be individualized on the basis of the specific circumstances of the offense and of the offender, including the offender's personality, responsibility, motives, antecedents, and possibilities for improvement. In this way, he shifts the emphasis from an exclusively offense-oriented approach toward a more person-oriented conception of criminal law. The scholarly significance of Saleilles lies in his attempt to view law not as a closed system of abstract and immutable rules, but as a social institution that is related to historical and social developments. He connects legal analysis with historical development, comparative law, sociology, and empirical observation of social life. This multidisciplinary approach is also evident in his thinking about criminal law. Crime is not understood exclusively as an abstract violation of a legal norm, but as a phenomenon in which the concrete individual and that person's social circumstances must also be taken into consideration. Within this approach, Saleilles assigns an important role to the judge. According to him, individualization should not be determined solely by general statutory rules, but should also be realized in concrete judicial decision-making and in the execution of sentences. At the same time, he rejects a completely deterministic explanation of crime. His approach instead seeks to strike a balance between social and causal factors on the one hand and individual responsibility on the other. In doing so, Saleilles connects legal responsibility with social protection and the possibility of rehabilitation. The Individualization of Punishment thus constitutes an important contribution to the transition from a strictly offense-oriented conception of criminal punishment toward a modern approach in which proportionality, individual responsibility, judicial discretion, and the possibilities for the reform of the convicted person are considered together. Condition : very good copy. ISBN 9780875850153. Keywords : RECHT, *2006-100 criminal law criminology.…