Retributive Whisper: Communicative Elements in Parole

20 Pages Posted: 23 Dec 2013 Last revised: 9 Oct 2015

See all articles by Netanel Dagan

Netanel Dagan

Hebrew University of Jerusalem - Faculty of Law

Dana Segev

University of Sheffield

Date Written: December 22, 2013

Abstract

The aims of retributive or non-utilitarian sentencing are said to conflict with parole. In this paper, we claim that a non-utilitarian approach to punishment does not necessarily contradict the parole. In particular, by adopting core elements of Duff’s framework of communicative sentencing, we argue that parole inherently holds a communicative meaning and can thus be reconciled with a non-utilitarian approach to punishment. In addition, we explore a way to enhance the communicative potential in the parole process and suggest that by recognizing and further incorporating the inherent communicative message in parole we can increase or maximize the board’s communicative potential. Finally, we discuss some benefits that can emerge from adopting a communicative sentencing framework to the parole process.

Keywords: parole, sentencing, communicative punishment, therapeutic jurisprudence

Suggested Citation

Dagan, Netanel and Segev, Dana, Retributive Whisper: Communicative Elements in Parole (December 22, 2013). Law and Social Inquiry, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2370354

Netanel Dagan (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

Dana Segev

University of Sheffield

Crookesmoor Building, Conduit Road
Sheffield S10 1FL
United Kingdom

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