How much punishment is deserved? Two alternatives to proportionality
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Date
Authors
Metz, Thaddeus
Metz, Mika'il
Journal Title
Journal ISSN
Volume Title
Publisher
MDPI
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.
Description
Keywords
Desert, Proportionality, Punishment, Retributivism, Sentencing
Sustainable Development Goals
Citation
Metz, T.; Metz, M. How
Much Punishment Is Deserved? Two
Alternatives to Proportionality.
Philosophies 2022, 7, 25.
https://doi.org/10.3390/philosophies7020025.