RECOGNISING STATE BLAME IN SENTENCING: A COMMUNICATIVE AND RELATIONAL FRAMEWORK

Abstract Censure, blame and harms are central concepts in sentencing that have evolved over the years to take into account social context experiential knowledge. Flexibility, however, remains limited as current analysis focuses on offender while failing engage with state's contribution creating wrongs harms. This risks giving rise defective practices of responsibility since state can also contribute their production. The following article presents a complementary additional framework within for censure, is rooted communicative theories punishment integrate responsive understanding censure relational responsibility.