ABSTRACT

The final part of this book (Chapters 7 to 11) examines more closely the practical implications that a utilitarian theory of punishment has for sentencing law and practice. In the previous chapter it was suggested that, in determining how much to punish, the principal consideration should be the seriousness of the offence. The focus of this chapter is to examine the justification for the principle of proportionality. Chapters 8 and 9 discuss the form that punishment should take. The factors that are relevant to determining how much to punish are analysed in Chapter 10 and, to a lesser extent, in Chapter 11. The main focus of Chapter 11 is the means by which sentences should be determined.