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Andrew Ashworth & Martin Wasik (eds.) (1998). Fundamentals of Sentencing Theory: Essays in Honour of Andrew von Hirsch.

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    Unintentional Punishment.Adam Kolber - 2012 - Legal Theory 18 (1):1-29.
    Criminal law theorists overwhelmingly agree that for some conduct to constitute punishment, it must be imposed intentionally. Some retributivists have argued that because punishment consists only of intentional inflictions, theories of punishment can ignore the merely foreseen hardships of prison, such as the mental and emotional distress inmates experience. Though such distress is foreseen, it is not intended, and so it is technically not punishment. In this essay, I explain why theories of punishment must pay close attention to the unintentional (...)
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