Proportionality’s Function

Criminal Law and Philosophy 15 (3):361-372 (2021)
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Abstract

In this paper I argue that punishment should be proportional to desert; that desert turns solely on culpability and not on results: that culpability is a function of what the actor perceives are the risks of his act to others’ interests and the reasons he perceives that might justify, excuse, or aggravate taking those risks; that because culpability is a complex function, ordinally ranking acts in terms of culpability is quite difficult; that converting the ordinal ranking into cardinal measures of deserved punishment must perforce be controversial; and that deserved punishment, which is deserved suffering, must somehow deal with the fact that the actor may have already suffered undeservedly.

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10.1007/s11572-021-09564-x

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Can Self-Defense Justify Punishment?Larry Alexander - 2013 - Law and Philosophy 32 (2-3):159-175.

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