ABSTRACT
Intellectually, sentencing is probably the most deficient area of the law. Decisions are often made not on the basis of binding rules and principles, but rather according to the intuistic sentiments of sentencers. As a result, sentencing law violates the rule of law virtues of consistency and fairness. To remedy this and to make constructive reform possible in sentencing law and practice, it is necessary to adopt a justification for punishing offenders. This chapter highlights the parlous state of sentencing law and practice and argues that there is a need for fundamental sentencing reform.
