Switch to: References

Citations of:

The Subjectivist Critique of Proportionality

In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 571-595 (2019)

Add citations

You must login to add citations.
  1. Proportionality and Its Discontents.Vincent Chiao - 2022 - Law and Philosophy 41 (2):193-217.
    In this paper, I defend a deflationary account of proportionality, which suggests that proportionality does not explain anything valuable about a system of punishment. Proportionality, rather, is a conventional means for presenting judgments about whether punishment fits the crime. A system of punishment is proportionate to the degree that it coheres with widely shared norms about punishment. There are many reasons such coherence could be valuable, not all of which are retributive. Hence, while on a deflationary view it may be (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Proportionality’s Lower Bound.James Manwaring - 2021 - Criminal Law and Philosophy 15 (3):393-405.
    Many philosophers have raised difficulties for any attempt to proportion punishment severity to crime seriousness. One reason for this may be that offering a full theory of proportionality is simply too ambitious. I suggest a more modest project: setting a lower bound on proportionate punishment. That is, I suggest a metric to measure when punishment is not disproportionately severe. I claim that punishment is not disproportionately severe if it imposes costs on a criminal wrongdoer which are no greater than the (...)
    Download  
     
    Export citation  
     
    Bookmark