Postgraduate Course: Sentencing: International Perspectives (LAWS11538)
Course Outline
| School | School of Law |
College | College of Arts, Humanities and Social Sciences |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Availability | Available to all students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | 'Sentencing' is a high-profile court process whereby punishment is imposed on a convicted offender by a judicial authority. As an exercise of coercive state power over the individual, sentencing and punishment entail the deliberate infliction of hard treatment and involve doing things to people that (when not described as 'sentencing and punishment') appear to be morally wrong. This LLM course explores the law, philosophy, and wider implications of this most complex and contested practice of criminal justice. It is international and comparative in approach, inviting students to appraise and critique diverse approaches to sentencing on the global stage. |
| Course description |
'Sentencing' is a high-profile court process whereby punishment is imposed on a convicted offender by a judicial authority. As an exercise of coercive state power over the individual, sentencing and punishment entail the deliberate infliction of hard treatment and involve doing things to people that (when not described as 'sentencing and punishment') appear to be morally wrong. This LLM course explores the law, philosophy, and wider implications of this most complex and contested practice of criminal justice. It is international and comparative in approach, inviting students to appraise and critique diverse approaches to sentencing on the global stage.
The course begins with two foundational topics in the philosophy of sentencing and punishment. It proceeds to consider seven contemporary topics in sentencing with special emphasis on cutting-edge research and new trajectories in the field, including the global sentencing guidelines movement. The course concludes by evaluating a range of reform initiatives across multiple jurisdictions. This includes the Sentencing Act 2026, which has been pitched as the most significant sentencing statute in England and Wales in a generation.
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
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Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
Information for Visiting Students
| Pre-requisites | None |
| High Demand Course? |
Yes |
Course Delivery Information
| Not being delivered |
Learning Outcomes
On completion of this course, the student will be able to:
- Analyse classic and contemporary theories in sentencing and the philosophy of punishment
- Engage critically with empirical studies of the criminal law-in-action
- Scrutinise the work of sentencing guideline-creating bodies around the world
- Evaluate current sentencing practice and routes to reform on the international stage
- Aspire to excellence in sentencing research and the craft of academic writing
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Reading List
There is no 'set text' for Sentencing: International Perspectives: rather, the course has been designed to give students the time, support, and intellectual freedom to read broadly, but purposefully, and research issues for themselves. The following texts are, however, highly recommended in that they cover overlapping ground and serve as a strong foundation for our seminar discussions:
Philosophy of sentencing and punishment
J Ryberg (ed), The Oxford Handbook of the Philosophy of Punishment (Oxford University Press 2025)
RA Duff, Punishment, Communication and Community (Oxford University Press 2001)
N Lacey, State Punishment: Political Principles and Community Values (Routledge 1988)
Sentencing law and practice
A Ashworth and R Kelly, Sentencing and Criminal Justice (7th edn, Hart Publishing 2021)
A Freiberg and JV Roberts, Advanced Introduction to Sentencing (Edward Elgar 2025)
EAO Freer, Sentencing: New Trajectories in Law (Routledge 2021)
JV Roberts, A Freiberg, and R Hester, Sentencing Guidelines and Commissions: Comparative Perspectives (Oxford University Press 2025)
R Henham, Sentencing Policy and Social Justice (Oxford University Press 2018)
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Additional Information
| Graduate Attributes and Skills |
Research and enquiry; personal and intellectual autonomy; personal effectiveness; communication |
| Keywords | philosophy of punishment,criminal justice,sentencing,courts |
Contacts
| Course organiser | Dr Gabrielle Watson
Tel:
Email: gabrielle.watson@ed.ac.uk |
Course secretary | Ms Susanna Wickes
Tel:
Email: Susanna.Wickes@ed.ac.uk |
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