Foreword: Criminal Sentencing in an Age of Chaos |
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ix | |
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Acknowledgements |
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xiv | |
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xv | |
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1 | (13) |
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Problems of Sentencing Scholarship Today |
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2 | (7) |
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Analytical and Methodological Framework of the Book |
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9 | (2) |
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11 | (3) |
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2 Troublesome Issues in Sentencing: Balance in Constantly Changing Contexts |
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14 | (56) |
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State Power to Criminalise and Punish |
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16 | (1) |
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Extent of the Criminalisation Power |
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17 | (5) |
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Nature of the Power to Punish |
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22 | (3) |
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Criminalisation and Punishment by Non-state Actors vis-a-vis the State |
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25 | (2) |
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Justification of Punishment |
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27 | (2) |
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29 | (3) |
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32 | (1) |
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33 | (4) |
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37 | (2) |
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Limitations of Traditional Theories |
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39 | (9) |
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48 | (1) |
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Proportionality in Sentencing |
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48 | (3) |
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Consistent v. Individualised Sentencing |
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51 | (5) |
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Legal Factors of Sentencing |
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56 | (4) |
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60 | (1) |
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61 | (3) |
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64 | (2) |
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Non-custodial Punishments |
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66 | (4) |
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3 Colonial Transformation of Sentencing Policies of Bangladesh: A Historical Account |
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70 | (52) |
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Pre-colonial Period: Operation of Hindu Law |
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72 | (10) |
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Pre-colonial Period: Operation of Muslim Law |
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82 | (15) |
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Colonial Onslaught during the British Raj |
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97 | (18) |
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Pakistani Period: Colonial Legacy Continues |
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115 | (7) |
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4 Sentencing Policies of Bangladesh: The Locus of State Authority |
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122 | (46) |
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A Narrative of Political and Legislative Developments |
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123 | (1) |
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The Era of Bangabandhu Sheikh Mujibur Rahman |
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123 | (8) |
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Military and Quasi-Military Rule |
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131 | (7) |
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Democratic Rule since 1991 |
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138 | (8) |
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State Power to Criminalise and Punish in Bangladesh: Towards a Critical Analysis |
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146 | (1) |
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The State's Power to Criminalise |
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146 | (2) |
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The State's Power to Punish |
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148 | (10) |
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Criminalisation and Punishment by Non-state Actors |
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158 | (10) |
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5 Sentencing Policies in Bangladesh: The Legal Framework |
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168 | (32) |
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Justification of Punishment in Bangladesh |
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169 | (8) |
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Quantum of Punishment in Bangladesh |
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177 | (15) |
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The Death Penalty in Bangladesh |
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192 | (2) |
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Other Forms of Punishment in Bangladesh |
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194 | (6) |
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6 Sentencing Calculus in Bangladesh: A Case Study |
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200 | (23) |
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223 | (12) |
Appendix: List of Cases Studied for the Purpose of Chapters 5 and 6 |
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235 | (31) |
Bibliography |
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266 | (175) |
Index |
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441 | |