Proportionality, Constraint, and Culpability
نویسندگان
چکیده
Philosophers of criminal punishment widely agree that should be “proportional” to the “seriousness” offense. But this apparent consensus is only superficial, masking significant dissensus below surface. Proposed proportionality principles differ on several distinct dimensions, including: (1) regarding which offense or offender properties determine and thus constitute a relatum; (2) whether objectionably disproportionate when excessively severe, also lenient; (3) principle can deliver absolute (“cardinal”) judgments, comparative (“ordinal”) ones. This essay proposes these differences cannot successfully adjudicated, one candidate preferred over its rivals, in abstract; makes sense as an integrated part more complete justificatory theory punishment. It then sketches best fits responsibility-constrained pluralist theories currently predominate. The it favors provides punishments not disproportionately noncomparative terms, relative agent’s culpability relation their wrongdoing.
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ژورنال
عنوان ژورنال: Criminal Law and Philosophy
سال: 2021
ISSN: ['1871-9791', '1871-9805']
DOI: https://doi.org/10.1007/s11572-021-09589-2