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James Fitzjames Stephen
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Abstract
This is an chapter on the thought of the Victorian-era judge, Sir James Fitzjames Stephen, about punishment of criminals. It discusses some of the themes in his major work, “The History of the Criminal Law of England.” And it reflects on a cluster of questions involving criminal punishment: whether Stephen had a theory of punishment; if not how best to characterize his thought; and whether his views and understanding of the aims and functions of punishment remain relevant. The chapter explores Stephen’s positive and critical contributions, and it concludes that Stephen’s major insight was methodological. His view is that the reasons for punishment cannot be separated from the obligations and the nature of the judicial office. He was neither a punishment retributivist nor a punishment consequentialist, but a punishment jurist.
Title: James Fitzjames Stephen
Description:
Abstract
This is an chapter on the thought of the Victorian-era judge, Sir James Fitzjames Stephen, about punishment of criminals.
It discusses some of the themes in his major work, “The History of the Criminal Law of England.
” And it reflects on a cluster of questions involving criminal punishment: whether Stephen had a theory of punishment; if not how best to characterize his thought; and whether his views and understanding of the aims and functions of punishment remain relevant.
The chapter explores Stephen’s positive and critical contributions, and it concludes that Stephen’s major insight was methodological.
His view is that the reasons for punishment cannot be separated from the obligations and the nature of the judicial office.
He was neither a punishment retributivist nor a punishment consequentialist, but a punishment jurist.
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