Philosophies (Mar 2022)
How Much Punishment Is Deserved? Two Alternatives to Proportionality
Abstract
When it comes to the question of how much the state ought to punish a given offender, the standard understanding of the desert theory for centuries has been that it should give him a penalty proportionate to his offense, that is, an amount of punishment that fits the severity of his crime. In this article, we maintain that a desert theorist is not conceptually or otherwise required to hold a proportionality requirement. We show that there is logical space for at least two other, non-proportionate ways of meting out deserved penalties, and we also argue that they have important advantages relative to the dominant, proportionality approach.
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