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- Lisa Forsberg, Thomas Douglas
- 2020
- Why Conceptual Clarity is Needed. We need a taxonomy of criminal rehabilitation in order to protect against the conflation and confusion of different conceptions of rehabilitation.
- Divergent Conceptions of Criminal Rehabilitation in the Literature. Though rehabilitation has been an influential concept in debates on criminal justice, it is often not properly defined or elucidated.
- Five Conceptions of Criminal Rehabilitation. We will start by distinguishing five conceptions of rehabilitation on the basis of their aims. Consider first one rather ‘thin’, non-normative, conception of rehabilitation
- Means-Based Subvariants of the Conceptions. In the previous section, we distinguished five different conceptions of rehabilitation on the basis of their aims or ends.
- Abstract
- 1 Why Conceptual Clarity is Needed
- 3 Five Conceptions of Criminal Rehabilitation
- 4 Means‐Based Subvariants of the Conceptions
- 5 Payofs of Taxonomy
- 5.1 Defining the Scope of Objections
- 6 Work to be Done
It is often said that the institutions of criminal justice ought or—perhaps more often— ought not to rehabilitate criminal o enders. But the term ‘criminal rehabilitation’ is often used without being explicitly deined, and in ways that are consistent with widely divergent conceptions. In this paper, we present a taxonomy that distinguishes, and exp...
We need a taxonomy of criminal rehabilitation in order to protect against the conflation and confusion of diferent conceptions of rehabilitation. Why do we need this? There are at least five reasons. First, the thought that criminal ofenders ought to be rehabilitated has exerted a strong influence on the design of many criminal justice systems, inc...
We will start by distinguishing five conceptions of rehabilitation on the basis of their aims. Consider first one rather ‘thin’, non-normative, conception of rehabilitation: Rehabilitation as anti-recidivism. administered by a crimi-nal justice system to ofender An intervention I O in response to O’s ofence is an instance of rehabilitation just in ...
In the previous section, we distinguished five diferent conceptions of rehabilitation on the basis of their aims or ends. In relation to the first two conceptions—reha- bilitation as anti-recidivism and rehabilitation as harm-reduction—we introduced a condition restricting the means that could be used to achieve the intended aim. In respect of the ...
Delineating the five diferent ends-based conceptions of criminal rehabilitation iden-tified by our taxonomy, and further means based subvariants, has, we think, at least two payofs.
One payof is that the taxonomy helps to define the scope of some objections to rehabilitative theories of criminal justice. Delineating diferent conceptions of reha-bilitation makes it clear which conceptions are, and are not, susceptible to common criticisms of rehabilitation. One influential criticism of the view that rehabilitation is a legitima...
The concept of rehabilitation is often deployed in academic discussions, policy doc-uments and legal judgments without being precisely defined, and without its exten-sion being intuitively clear. In this article, we have sought to bring a measure of clarity by ofering a sim-ple taxonomy of rehabilitation. We have outlined five conceptions of rehabi...
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- Lisa Forsberg, Thomas Douglas
- 24
- 2020
Sep 30, 2023 · This article examines the legal progression of criminal rehabilitation, offering an understanding of the shifting concept of justice and emphasizing the possibility of a more empathetic,...
Apr 1, 2022 · In this paper, we present a taxonomy that distinguishes, and explains the relationships between, different conceptions of criminal rehabilitation.
Oct 3, 2020 · This paper looks at rehabilitation from a legal perspective and aims to clarify the current meaning and content of the principle of rehabilitation by focusing on the questions of whether and on what grounds rehabilitation can be considered a positive obligation on the part of the State.
We go on to consider the relevance of rehabilitation in the offender’s journey through the criminal justice process: is rehabilitation best understood as a type of punishment; as an alternative to punishment; or something which most appropriately follows punishment?
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Is 'criminal rehabilitation' a divergent concept?
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But the term ‘criminal rehabilitation’ is often used without being explicitly defined, and in ways that are consistent with widely divergent conceptions. In this paper, we present a taxonomy that distinguishes, and explains the relationships between, different conceptions of criminal rehabilitation.