Conceptions Of Liberty Deprivation
Bibliographic Data
| ID | 9196366 |
|---|---|
| Authors | Liora Lazarus (0000-0002-2225-9027, Andrews University, corresponding author) |
| Year | 2006 |
| Volume | 69 |
| Issue | 5 |
| Pages | 738-769 |
| Publication date | 2006-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1468-2230.2006.00608.x |
| OpenAlex | W2154040259 |
| Language | EN |
| Citations received | 9 |
| References cited | 6 |
This article adopts a theoretical and comparative perspective on the prisoner's legal status in England and Wales. Applying the principles of human rights, legality and proportionality, it argues that the prisoner's legal status must rest on a divisible conception of liberty. Such a conception must distinguish clearly between the liberty lost, and the rights restricted, by the imposition of the custodial sentence as opposed to the administration of prisons (the key distinction). In order for this to be achieved, the conception of the prisoner's legal status must also establish the purpose or purposes of the custodial sanction as distinct from the purpose of prison administration. Through comparison with Germany, the article demonstrates that the common law concept of the prisoner's legal status is unstable. Vacillating between a divisible and indivisible conception of the prisoner's liberty, the English conception of the prisoner's legal status lacks a foundation firm enough to satisfy the principles of human rights, legality and proportionality
Human rights · Law and economics · Legal status · Political science · Principle of legality · Prison · Proportionality (law) · Sociology · Law · Legal Issues in South Africa · Legal principles and applications · Legal Rights and Human Rights
Taking Prison to Court
The Janus face of imprisonment
Rehabilitation, risk management and prisoners’ rights
Voting from prison
The offender personality disorder pathway and its implications for women prisoners in England and Wales
The implementation of youth imprisonment and constitutional law in Germany
Moral performance, inhuman and degrading treatment and prison pain
Regulation of Prison Conditions
Inhuman and Degrading Punishment, Dignity, and the Limits of Retribution
| Unique citing works | 9 |
|---|---|
| Citations per year | 0,47 |
| Citation span | 2007 - 2023 (17) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 9 |