Retributive Whisper: Communicative Elements in Parole
20 Pages Posted: 23 Dec 2013 Last revised: 9 Oct 2015
Date Written: December 22, 2013
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: Suggested Citation