SENTENCING OFFENDERS THE RIGHT WAY: ON THE IMPORTANCE OF RELATING PENAL THEORY AND PENAL PRACTICE

Abstract The ethics of punishment constitutes an area of research that has recently been through a significant expansion, both in breadth and depth. But why is such research important? And how can it be conducted in the most fruitful way? In this article it is argued, first, that the study of penal ethics is important in order to inform penal practice. However, second, it is shown that there are both theoretical and political obstacles to the possibility of delivering genuine action guidance to practitioners. Finally, four recommendations are presented that may help to ensure that research within the ethics of punishment is carried out in a manner that is consistent with the basic justification for its very existence, namely that it is needed to provide moral guidance of penal practices in the real world.