Mutations dans le champ des peines et de leur exécution

Kaminski, Dan; Snacken, Sonia; Kerchove, Michel van de

doi:10.3917/ds.314.0487

Cited by 14 publications

(1 citation statement)

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“…Several authors have noted that a ‘contractual governance’ was at play in various domains, and in particular, in the criminal justice system (Crawford, 2003) and drug treatment (Bacon and Seddon, 2013); a similar observation was made about social work (Nelken, 1987; 1988: 109, who refers to its ‘contractulation’), employment (Dumont, 2011) and, more generally, state-citizen relationships (Åkerstrøm Andersen, 2007). In France, several scholars have referred to a so-called ‘ contractualisation ’ phenomenon in sentencing and the execution of sentences (Casorla, 1999; Danti-Juan, 2001; Menu, 2004 – also see for Belgium: Kaminski et al, 2007). In his PhD criminal law thesis on consent in criminal matters, Xavier Pin (2002) unfortunately hardly touched upon sentencing and supervision, and focused mainly on pre-trial and procedural issues.…”

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confidence: 99%

Consent and probation: An analogy with contract law

Herzog‐Evans¹

2015

European Journal of Probation

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The Journal EJprob recently published a special issue on consent in sentencing. The EPR (2010) refer to consent on numerous occasions, and in most legal systems consent is required at the sentencing stage. However, in many cases, the alternative is custody, which raises concerns over how freely consent is given and whether it is a mere formal exercise. Social scientists have tried to theorise consent building on compliance, legitimacy of justice, or notions such as therapeutic alliance and offender agency. Some have deplored the existence of a ‘contractual governance’. This article shall argue that a renewed analysis of contract law has the potential to respect offenders’ agency and their right to govern their own lives, whilst taking stock of their need for treatment and compensating for their vulnerable condition. It shows that more rather than less contract is needed in order to avoid both punitive governance and neo-paternalism.

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confidence: 99%