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Criminal Sentencing in Bangladesh: From Colonial Legacies to Modernity
Published by Martinus Nijhoff Publishers
Examining the sentencing policies of Bangladesh, Criminal Sentencing in Bangladesh calls for going beyond the universal, asocial and apolitical formulations as proclaimed in mainstream sentencing literature in order to decipher the sentencing realities of non-western, post-colonial jurisdictions.
In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country's sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of `sentencing policies' cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.
Acknowledgements Foreword: Criminal Sentencing in an Age of Chaos, Professor Werner Menski List of Abbreviations 1. Introduction Problems of Sentencing Scholarship Today Analytical and Methodological Framework of the Book Structure of the Book 2. Troublesome Issues in Sentencing: Balance in Constantly Changing Contexts State Power to Criminalise and Punish Extent of the Criminalisation Power Nature of the Power to Punish Criminalisation and Punishment by Non-state Actors vis-a-vis the State Justification of Punishment Deterrence Theory Incapacitation Theory Rehabilitation Theory Retributive Theory Limitations of Traditional Theories Quantum of Punishment Proportionality in Sentencing Consistent v. Individualised Sentencing Legal Factors of Sentencing Forms of Punishment Death Penalty Imprisonment Non-custodial Punishments 3. Colonial Transformation of Sentencing Policies of Bangladesh: A Historical Account Pre-colonial Period: Operation of Hindu Law Pre-colonial Period: Operation of Muslim Law Colonial Onslaught during the British Raj Pakistani Period: Colonial Legacy Continues 4. Sentencing Policies of Bangladesh: The Locus of State Authority A Narrative of Political and Legislative Developments The Era of Bangabandhu Sheikh Mujibur Rahman Military and Quasi-military Rule Democratic Rule since 1991 State Power to Criminalise and Punish in Bangladesh: Towards a Critical Analysis The State's Power to Criminalise The State's Power to Punish Criminalisation and Punishment by Non-state Actors 5. Sentencing Policies in Bangladesh: The Legal Framework Justification of Punishment in Bangladesh Quantum of Punishment in Bangladesh The Death Penalty in Bangladesh Other Forms of Punishment in Bangladesh 6. Sentencing Calculus in Bangladesh: A Case Study 7. Conclusion Appendix: List of cases studied for the purpose of chapters 5 and 6 bibliography; index.
Muhammad Mahbubur Rahman, PhD (2013), SOAS, University of London, is Associate Professor of Law at the University of Dhaka. He co-authored Protection of Minorities: Regimes, Norms and Issues in South Asia(2012).
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